Separation before 2nd Interview

D

Dibby

Registered Users (C)
Hello,
This is my problem with the case - hopefully I can get some good advice..Thanks in advance..

I got married with USC 15months ago - we had 1st Interview last March 2010, which went OK, but they asked us for additional paper - legal proof of her last name change. We were told to send the required document and wait for the decision. We sent the document that same week and I have been waiting for an answer or anything from USCIS - untill last week when I've got the letter for 2nd Interview. In the meanwhile we got separated and we don't live in the same house..and she is not willing to go to 2nd Interview.
So far I only now that if I don't show with her I will get 'deportation' letter..
Is there anything I can do to stay here legally and change my status, or if not what is the best way to at least stay in the country 'till the end of this year?
Thank You.
 
In order for you to have been able to file for adjustment in the first place, you had to have initially made a lawful entry. What was that initial visa type and when was it?
 
Dibby, are you using a lawyer? If not, you need to find a good one like yesterday.
Separation after being asked for further evidence is a huge red flag - as you already know.
Separting and then making up afterwards is not that rare in this day and age.
Try to postpone your second interview, while persuing reconciliation with your wife. If you love her and she loved you enough to marry you, she will make up with you soon or later. (You obviously need to do this to save your marriage, NOT just to gain immigration benefits).
If reconciliation is not an option, then seek a rebutable immigration lawyer sooner rather than later.
Are you a person of faith? Pray...
Best wishes
 
What would be the best way to postpone the interview?
I know,hopefully we will be back together but If I got kicked out from us ...then the chances are very slim..
 
A lawyer will advise you on how to postpone your interview.
Your interview will be rescheduled 1-3months from the date of your current scheduled date.
This should buy you sometime to make ammends with your wife.
Do you know anything about marriage? The wife is always right wheather she is right or not... sometimes... maybe...
 
Dibby said:
Visa R / Type J1
Bearer is Not Subject to Section 212(e)
Two Years Rule Does Not Apply.
Click to expand...


You don't need a lawyer to postpone your interview, just write a letter to your local DO and this is usually where you had your first interview, indicate you would like to reschedule your 2nd interview to a future date, you would appreciate if you can let me know asap the new date as soon as it is established. This letter should be send certified and delivery confirmation, attach a copy of your interview notice.

When did you and spouse separate? Do you still both reside in the same state? Separation is basically going to confirm what USCIS had suspected, your marriage is fraud. You can't bring your wife to the interview and act as it all is well, while the reality is that both you are separated, this will be like throwing a bullet into a fire place, the explosion will cause excessive damage....
 
Al Southner said:
When did you and spouse separate? Do you still both reside in the same state? Separation is basically going to confirm what USCIS had suspected, your marriage is fraud. You can't bring your wife to the interview and act as it all is well, while the reality is that both you are separated, this will be like throwing a bullet into a fire place, the explosion will cause excessive damage....
Click to expand...

We got separated 2 months ago,we still live in the same state/city.
 
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