My husband doesn't want to show up on the interview

[3bvsla 1]

My husband and I were living together for 2 years. Right before the interview our relationships got to the point where it's not working for us anymore.

So he says he won't show up on the interview.

So what kind of options do I have? Can I go there by myself?

PS: I'm posting this topic for my friend, my signature is NOT related to the topic.

Edited April 30, 2010 by 3bvsla

[GabiandVi 34]

I don't think I could answer the question anyway, but I'm guessing no one can until they know some more about your friend's story. How did she come? Is this a removal of conditions? Or was she here out of status? Etc.

Hope someone is able to answer the questions. But I have to say, that they are written in first person really threw me off. I was trying to get an idea of the timeline and the one in your signature just didn't match the question. I didn't notice your PS at first.

[Otto 83]

Is this an interview for AOS?

[3bvsla 1]

They just filed for the conditional green card. It's going to be their first interview.

She came to this country on a student visa a while ago.

She is out of status right now.

Edited April 30, 2010 by 3bvsla

[3bvsla 1]

Yes, they going to have a first AOS interview and he doesn't want to go.

They lived together, so she has a lot of proves of a good faith of marriage. Can she just go by herself with all the proves she has?

What are the consequences of his not showing up for her?

[LIFE'SJOURNEY 970]

I am going to jump in on this discussion.

First interviews normally happen somewhere around 3 to 5 months after they have applied for AOS.

1. The SO must be divorced inorder for her to do the AOS without the US petitioner. So if their marriage is over, then the SO should be trying to attain a divorce so she can self petition for her own AOS.

2. There are many components that a CO will look at to judge if this marriage was entered into with good faith. So if their marriage has broken down within the first 3 to 5 months after being married, then the SO evidence will needs to be mighty strong.

[Rhiannercakes 14]

According to the interview letter, if the AOS is based on marriage the USC must show up.

[Bobby+Umit 161]

I am going to jump in on this discussion.

First interviews normally happen somewhere around 3 to 5 months after they have applied for AOS.

1. The SO must be divorced inorder for her to do the AOS without the US petitioner. So if their marriage is over, then the SO should be trying to attain a divorce so she can self petition for her own AOS.

Incorrect. What would be the basis for the AOS if not married to an USC? Are you thinking of ROC? Unless there is some VAWA issue here, if the AOS is denied, that's it. She would have to leave the US - unless she maintained her student status (then her status would be that still)

2. There are many components that a CO will look at to judge if this marriage was entered into with good faith. So if their marriage has broken down within the first 3 to 5 months after being married, then the SO evidence will needs to be mighty strong.

This is true, with the sponsor/husband not showing up for the AOS interview, I doubt it would be granted, regardless if the marriage was entered in a bonafide manner (again, this is more related to ROC) - so this person is basically screwed.

[LIFE'SJOURNEY 970]

I am going to jump in on this discussion.

First interviews normally happen somewhere around 3 to 5 months after they have applied for AOS.

1. The SO must be divorced inorder for her to do the AOS without the US petitioner. So if their marriage is over, then the SO should be trying to attain a divorce so she can self petition for her own AOS.

Incorrect. What would be the basis for the AOS if not married to an USC? Are you thinking of ROC?

Unless there is some VAWA issue here

, if the AOS is denied, that's it. She would have to leave the US - unless she maintained her student status (then her status would be that still)

2. There are many components that a CO will look at to judge if this marriage was entered into with good faith. So if their marriage has broken down within the first 3 to 5 months after being married, then the SO evidence will needs to be mighty strong.

This is true, with the sponsor/husband not showing up for the AOS interview, I doubt it would be granted, regardless if the marriage was entered in a bonafide manner (again, this is more related to ROC) - so this person is basically screwed.

Bobbie, my first instict was to state what you have so eloquently stated that she is bascally screwed. But since I would be making many assumptions as to why this marriage had failed, I left it open to not mis-interpret what happen in this relationship.

So my answers were not directed to give the OP reasons she could use to de-fraud the system such as (VAWA or to stay in a non-working marriage) but the truth, if the marraiage was truly broken then she should divorce and try to self Petition for a CG based on whatever staus she will be in at that time. If her new status after the divorce doesn't allow her to AOS, then she is/will be basically screwed. I never said that if she self petioned based on a marriage to a USC it would work after geting a divorce.

I realized that I did leave out this statement that for a F1 On a student visa, you are able to apply for change of status. The most accepted change is F1 to H1B visa. Other options such as M-1 visas and H-3 visas are also available. If any of these are durable for the OP then this could be another option for the OP to be able to AOS.

I do apoligize for not making my agrument clearer.

[VanessaTony 3,567]

She is here on an EXPIRED Student visa. She has been accruing out of status days. How long has her status been expired? If it's more than 180 days but less than 365 then it's a 3 year ban. Over 365 days it's a 10 year ban.

I assume she is attempting to AOS to GC based on her marriage to a USC... not another visa category, therefore she MUST have her husband there at the interview. Failure for him to show up means she is denied.

IF she already had the GC and was going for ROC then YES she could have self-petitioned based on her "bonafide" relationship with a USC and subsequent divorce but as she is AOSing, not ROCing then she does not have the ability to self-petition. She NEEDS her USC husband.

So long story short, she is screwed if he does not attend and if he DOES attend and the GC is denied she will also be screwed. She will have deportation proceedings initiated against her, and on her leaving the US, her ban period will commence (if she's been out of status long enough to have one).

Edited May 1, 2010 by Vanessa&Tony

[Bobby+Umit 161]

I am going to jump in on this discussion.

First interviews normally happen somewhere around 3 to 5 months after they have applied for AOS.

1. The SO must be divorced inorder for her to do the AOS without the US petitioner. So if their marriage is over, then the SO should be trying to attain a divorce so she can self petition for her own AOS.

Incorrect. What would be the basis for the AOS if not married to an USC? Are you thinking of ROC? , if the AOS is denied, that's it. She would have to leave the US - unless she maintained her student status (then her status would be that still)

2. There are many components that a CO will look at to judge if this marriage was entered into with good faith. So if their marriage has broken down within the first 3 to 5 months after being married, then the SO evidence will needs to be mighty strong.

This is true, with the sponsor/husband not showing up for the AOS interview, I doubt it would be granted, regardless if the marriage was entered in a bonafide manner (again, this is more related to ROC) - so this person is basically screwed.

Bobbie, my first instict was to state what you have so eloquently stated that she is bascally screwed. But since I would be making many assumptions as to why this marriage had failed, I left it open to not mis-interpret what happen in this relationship.

So my answers were not directed to give the OP reasons she could use to de-fraud the system such as (VAWA or to stay in a non-working marriage) but the truth, if the marraiage was truly broken then she should divorce and try to self Petition for a CG based on whatever staus she will be in at that time. If her new status after the divorce doesn't allow her to AOS, then she is/will be basically screwed. I never said that if she self petioned based on a marriage to a USC it would work after geting a divorce.

I realized that I did leave out this statement that for a F1 On a student visa, you are able to apply for change of status. The most accepted change is F1 to H1B visa. Other options such as M-1 visas and H-3 visas are also available. If any of these are durable for the OP then this could be another option for the OP to be able to AOS.

I do apoligize for not making my agrument clearer.

That is a leap to state filing for VAWA is a way to "defraud" the system. We do not know what is going on in this situation, however, VAWA, if applicable, is a valid way for immigration. There may very well be a case for VAWA that the OP is not aware of this path. (certainly there are cases where VAWA is used to defraud, but they are found out in the inspection period)

If she divorces, as pointed out above, she has no way to continue this AOS (since it was based on marriage to an USC) - this was the only thing I was correcting in your post.

Plus - it appears that she did not maintain her student status, and it would be highly doubtful they would change it to an H1B. Most likely she will get a denial, then a letter telling her to leave the country. She could appeal it, but - that's a longshot.

*since it was a students visa, here I-94 probably states D/S, only an IJ can make that determination if she was out of status. (again, most likely - since she ended up getting married, then attempted to AOS.)

Edited May 1, 2010 by Bobby+Umit

[Langa 2]

Sorry to hear about your case.

Basing on my experience if you go to the interview without your husband they will not allow you into the interview room. I initially filed with my USC husband and then the marriage failed due to domestic violence but for a while I did not go the VAWA way because I was really overwhelmed by the whole situation and in my mind I thought we could still work things out. Anyway to cut a long story short. I decided to go the VAWA way since I had all the evidence to prove he was abusive (police reports, etc) and whilst in the process I received my letter for AOS interview. A week before the interview, i received my "prima facie" notice which I then took to the interview. When the interviewing officer called my name, i stood up and walked towards her and as soon as she noticed that my husband was not with me, she immediately told(in front of other people) that she would not interview me because the interview was based on the marriage. I then had to let her know that I had filed an I-360 (VAWA) and had a prima facie notice with me and that's when she allowed me in the interview. Once she opened my file that is when she realized that I had filed the I-360 and it was still pending. So then she told me another interview would be based on the I-360 petition and I might need to file another I-485 which I never did. A few weeks later I received a letter saying that my husband's I-130 had been denied but my I-480 remained pending. Once my I-360 was approved I was then called for another interview and that interview was smooth and I was approved.

So I really don't know what to tell you, you know all our cases differ so much that sometimes its so hard to give anyone advice. You know with immigration you really have to have alot of proof to your claims. If you are not a victim of domestic violence then you cannot go the VAWA route. Maybe you can extend your student visa.

Good luck and I'm sorry you have to go through this. Believe me I know how stressful it is!

[sachinky 464]

If her husband is refusing to show up for the AOS interview, there's nothing she can do apart from packing up her bags.

This is an AOS interview, NOT a ROC interview, so she can't self-petition for anything.

[Darnell 8,478]

Why won't he show up? What's the dealio ?

[DanielParul 50]

If her marriage is over and husband will no way go with her then its better to depart voluntarily to not mess up any chance of a visa in the future. Right now there is nothing she can do about adjusting her status based on a marriage that is not working out.