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Help with I130 interview

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Filed: Timeline


I'm new to the forum, Hopefully someone will be able to help me out.

Im a LPR (of Fench nationality) since may of 2006 and I Have been married to my wife since march of 2007 ( marriage took place in Florida as well). She is Russian.

We met in Florida in June of 2006, I already was an LPR and she already had overstayed her j1 visa for a few month.

Soon after we got married I hired a lawyer to file an I130 relative petition for my wife.

A few month after that we received a letter for my wife to appear to court for removal proceedings. At that point I consulted my lawyer and he told us that there would be no reason why an immigration judge would not allow my wife to stay in the sates until our I130 interview date came up. Unfortunately our lawyer was only able to push back the removal proceedings for 8 month and my wife ended up taking voluntary departure in January of 2009 and went back to Russia.

Since then I took several trips.

One was to visit her in Russia for 4 1/2 month in 2009.

Another one was in May of 2010 for 3 month, we met up in France to find ourselves an apartment for rent so that she could live over there and enjoy the french level of life and so that I could visit her with more ease.

The 3rd one was in October of 2010 and I'm still here in France with her as we are speaking. I'm going back to Florida in mid February.

3 days ago I received The I 130 interview appointment letter through my lawyer in the states. The appointment is for the 6th of February 2011.

I immediately contacted my lawyer who basically told me that it would be too risky for me to go attend the interview because the USCIS might take back my green card because of abandonment of permanent residence on the basis that I took those three long trips overseas witch none of them lasted for more than 6 month by the way. He told me to write a letter to USCIS and tell them that I could not attend the interview because I'm out of the country.

My question is: If I attend the interview is there really any chance that the officer will take my green card away? I'm kind of scared, that is the last thing I would want. What is your advice? Should I attend the interview? Any input is greatly welcomed.


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