Interview, spouse unwilling to appear

qesa

New Member
I have an AOS interview on August 14, 2006. The problem is that my wife is not willing to appear. She also is threatening with things like divorce, to which I not agree, as I actually still love her. She works for the US-Navy and her duty station changes regularly, so we are not living together currently, because all the moving is too hard on me. There is a whole can of worms, possibly enabling me to self petition as a battered spouse. But I am not feeling like that is the right way to go unless I have to. I have been married with my wife for close to 9 years, we first lived in my home country for years, we also married there back in 1997. It seems logical that our marriage does not appear to be fraudulent. I actually have a military ID-card proving our marriage, I also got a work permit recently.

What should I do? I intend to go to the interview, because maybe I have a chance to get an approval, and at least I can reschedule it right there. Is it wise to tell the whole story? I believe so, but I might make things worse for myself. Is self petitioning a solution?
 
I-485 approved

I'm happy to inform you that the adjustment of status has been approved. The interview was rather short and went well. The interviewer didn't ask much about our marriage (neither did he ask for any documents), it's 9 years almost so it doesn't appear fraudulent I'd say. He asked why my wife wasn't there and I gave her reason, too busy (but there are lots of unspoken personal reasons), he asked if she had some letter about that and I said I asked her but she didn't send one. After a few question about what work she does and has done and such he was silently thinking for a few minutes, left without saying anything, for about 5-10 minutes (I figure he went to ask someone else for advice), then came back, thought a while longer and then asked for my passport, after having asked me if I did anything wrong which'd make me inellegible for lpr and if my current address was still the same. He stamped it then and there and said that because my wife is in the US-Navy and has reasons to be busy and we were married for almost 9 years he waived the requirement she had to be present. He informed me I could become a citizen in 3 years if I would still be married (and he looked rather thoughtful ;-), otherwise 5 years. I thanked him and felt quite relieved, we shook hands and that was it. From that moment I was a permanent resident.

Here is some more interesting and useful information regarding the whole process. It was in the Portland field office, or is it called application support centre nowadays? Security was laid back, no ID needed at entry (in fact my ID was only asked once, when my passport needed to be stamped), just some scanning of bags and the metal detector. The atmosphere felt relaxed, I arrived 5-10 minutes before the interview and only had to wait about 10 minutes. The interviewer seemed friendly and a typical office clerk. It may have been to my advantage he had portraits of his sons in uniform (looked like navy/marines) in his office. Also the whole process, once I finally was able to send in the I-485, took not a long time. I sent it in around March 2006, I get a note back to ask for my medical which I sent in around June, the interview date was set at August 14, 2006 and I got my GC stamp that same day. It must be noted my wife, when she was still helpful, had written a request with her affidafit to have the process speeded up, because there had been delays before (her trying to find work etc.). I also had gotten my EAD less than a month after I sent in the medical stuff.

I feel I got quite lucky there and it may have gone totally another way. And I must say that my experience with the USCIS has been pleasant, though I often feared the opposite. And the two times I had to appear in person (biometrics and interview), went smoothly, friendly and professionally. Maybe the Portland office is special in that, but I hope this is the norm rather than the exception. I fear though that in areas where there is a lot of immigration going on, like Florida and California, things are not that great. Also I am originally from the Netherlands, whether this has had any influence I do not know, it should not of course.
 
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