Wife wont go to interview...

[Kgolf 0]

I’ve been legally in the US for 17 years. I’ve jumped through every hoop immigration wanted me to jump through. I’m 25 years old now. I was a dependent on my parent’s E2 visa until i turned 21 and aged out unfortunately (I probably missed out on a GC by a year or two because I aged out). I played college golf for a D1 school and I played professionally a little bit afterwards as well until my visa problems hit me...

 

I met a girl and ended up getting married for the right reasons but just didnt work out... 

 

I filed for a marriage based visa back in june 2017 last year and I have yet to recieve a notice giving me a date to arrive for our first interview. But my wife has left our apartment in november and will not speak to me... I’m going through very intense depression right now and I dont know what to do.

 

I think I will still go to the interview and try to tell my story and hope for the best... Does anyone have any advice for me?

Edited February 22, 2018 by Kgolf

[azblk 338]

38 minutes ago, Kgolf said:

I’ve been legally in the US for 17 years. I’ve jumped through every hoop immigration wanted me to jump through. I’m 25 years old now. I was a dependent on my parent’s E2 visa until i turned 21 and aged out unfortunately (I probably missed out on a GC by a year or two because I aged out). I played college golf for a D1 school and I played professionally a little bit afterwards as well until my visa problems hit me...

 

I met a girl and ended up getting married for the right reasons but just didnt work out... 

 

I filed for a marriage based visa back in june 2017 last year and I have yet to recieve a notice giving me a date to arrive for our first interview. But my wife has left our apartment in november and will not speak to me... I’m going through very intense depression right now and I dont know what to do.

 

I think I will still go to the interview and try to tell my story and hope for the best... Does anyone have any advice for me?

Without a wife you have no basis to AOS. You either find another way ( EB1 - professional athlete - golfer) or you HAVE to reconcile with your wife. For a self sponsored EB1 the cost can run about $10.000 and there is no guarantee you will get it but its probably your only other option outside your marriage.

[Kgolf 0]

Do you think theres any chance I can talk to the immigration/visa officer and see if he/she will understand my situation? I’ve lived in the US legally my whole life... I think I will try anyways if I can’t get my wife to come with me.

[MelandJason 60]

52 minutes ago, Kgolf said:

I’ve been legally in the US for 17 years. I’ve jumped through every hoop immigration wanted me to jump through. I’m 25 years old now. I was a dependent on my parent’s E2 visa until i turned 21 and aged out unfortunately (I probably missed out on a GC by a year or two because I aged out). I played college golf for a D1 school and I played professionally a little bit afterwards as well until my visa problems hit me...

 

I met a girl and ended up getting married for the right reasons but just didnt work out... 

 

I filed for a marriage based visa back in june 2017 last year and I have yet to recieve a notice giving me a date to arrive for our first interview. But my wife has left our apartment in november and will not speak to me... I’m going through very intense depression right now and I dont know what to do.

 

I think I will still go to the interview and try to tell my story and hope for the best... Does anyone have any advice for me?

In a forum in Spanish I read the experience of a couple who began to have problems a few months before the interview and the husband threatened her saying that he would not go with her to the interview and I think they did not even live together ... the case that finally they went to the interview together and IO separated them and they told the truth of what they were going through because in the end she had nothing to lose, not children or anything .... and what do you think? GC approved... Talk with your wife and try to fix your relationship and dont lost the hope... 

[MacUK 983]

2 minutes ago, Kgolf said:

Do you think theres any chance I can talk to the immigration/visa officer and see if he/she will understand my situation? I’ve lived in the US legally my whole life... I think I will try anyways if I can’t get my wife to come with me.

What situation?

You're applying on the basis of having a US citizen wife, without the wife then you have no basis for the greencard.

[geowrian 22,336]

Sorry, but it is what it is. You applied for family-based AOS since you were married to a USC. Without their support, you have no basis to complete AOS no matter how much you plead with the IO. They simply have to follow the law and policies.

[azblk 338]

58 minutes ago, MelandJason said:

In a forum in Spanish I read the experience of a couple who began to have problems a few months before the interview and the husband threatened her saying that he would not go with her to the interview and I think they did not even live together ... the case that finally they went to the interview together and IO separated them and they told the truth of what they were going through because in the end she had nothing to lose, not children or anything .... and what do you think? GC approved... Talk with your wife and try to fix your relationship and dont lost the hope... 

The point is they went to together. The law only requires that the marriage be real and bonafide at time of adjudication. Policy wise USCIS has decided that this means as long as you have not filed for divorce the marriage is still valid but th same policy also states that as the beneficary of a marriage based AOS your Sponsor(Spouse) MUST attend interview with you in most cases with very few exceptions.

[azblk 338]

1 hour ago, Kgolf said:

Do you think theres any chance I can talk to the immigration/visa officer and see if he/she will understand my situation? I’ve lived in the US legally my whole life... I think I will try anyways if I can’t get my wife to come with me.

Your best option is to reschedule the interview - this may buy you some time to make up with your wife. You have to any and everything to get her to forgive you for whatever infraction you commited real or percieved. The bottom line is USCIS can not give away greencards without an underlying basis.

[Kgolf 0]

Do you know if I wouldve recieved some kind of papers in the mail or something if she has filed for divorce? I live in Texas btw. I dont think she has but I dont really know if theres a way to find out

[Kgolf 0]

Also, if all that matters is that the marriage was bonafide at time of adjudication is it advised to say that she is not willing to work out the relationship at the interview? I assume you need to at least say that you have the motive to try and work things out in the interview, no?

[Chris Duffy 1,256]

45 minutes ago, Kgolf said:

Do you know if I wouldve recieved some kind of papers in the mail or something if she has filed for divorce? I live in Texas btw. I dont think she has but I dont really know if theres a way to find out

Process Server (Constable) or by registered mail is usually the way it is done in Texas.

 

You have 21 days to answer the summons or divorce will be granted in her favor.  Seek a lawyer advice once you get divorce papers

[geowrian 22,336]

42 minutes ago, Kgolf said:

Do you know if I wouldve recieved some kind of papers in the mail or something if she has filed for divorce? I live in Texas btw. I dont think she has but I dont really know if theres a way to find out

Probably, although if they are unable to reach you via mail then there should be/have been some other public notice. The specific requirements for a divorce vary by state.

 

9 minutes ago, Kgolf said:

Also, if all that matters is that the marriage was bonafide at time of adjudication is it advised to say that she is not willing to work out the relationship at the interview? I assume you need to at least say that you have the motive to try and work things out in the interview, no?

That's up to her what she wants to do. She can choose not to attend the interview, and your case will almost certainly be denied outright. if she does show up, she could could be cooperative or she could tank it. Again, that's something that is really up to her. It's possible to be approved with a marriage that is failing but both parties want to proceed anyway, although it is likely to be a very tough battle. Both parties have to be fully honest with the state of the relationship.

[Kgolf 0]

I was told that it costs alot of money to get a one sided divorce filed? Like around 7-$8,000? She doesn't have the money to do that sort of thing right now. My parents and I were thinking that we tell her we will never sign divorce papers; she can pay for it with her own money. UNLESS she helps us with the interview. I don't think this is illegal, bribing with money is but I think this is fine.

Btw, thank you for all of the responses so far by the way didn't expect so much in such a short time.

[geowrian 22,336]

3 minutes ago, Kgolf said:

I was told that it costs alot of money to get a one sided divorce filed? Like around 7-$8,000? She doesn't have the money to do that sort of thing right now. My parents and I were thinking that we tell her we will never sign divorce papers; she can pay for it with her own money. UNLESS she helps us with the interview. I don't think this is illegal, bribing with money is but I think this is fine.

That's still extortion no matter how you spin it.

[azblk 338]

7 minutes ago, Kgolf said:

I was told that it costs alot of money to get a one sided divorce filed? Like around 7-$8,000? She doesn't have the money to do that sort of thing right now. My parents and I were thinking that we tell her we will never sign divorce papers; she can pay for it with her own money. UNLESS she helps us with the interview. I don't think this is illegal, bribing with money is but I think this is fine.

Btw, thank you for all of the responses so far by the way didn't expect so much in such a short time.

That is a really dumb way to handle this situation and it is blackmail/extortion.

You have a lot more to lose than she does so you should put your pride on the side and think this through clearly. If she doesn't go to interview with you - this petition is over, denied and closed.

The ONLY WAY you can adjust using this petition is by getting her to cooperate with you. So you have to beg, plead, cajole, cry, snivel or whatever you can do to get her to come.  Consider rescheduling to buy your self more time if you think days are approaching too quickly.