Legal Question in Immigration Law in Virginia

I have permanent green card joint interview - Soon to be ex wife is refusing to come to interview.

As per current status we are legally separated and I have divorce papers on my hand which I havenít signed. I have my permanent green card joint interview next week and she is not willing to come to interview with me. Also she is threatening to me that she will call USCIS and talk with them in personal.

So in this case per my research I have learned that as she will not be coming to the interview most likely I will get denied.

My temporary green card expires in two months.

Question:

1) In case above what are my chances of getting approval when filed joint?

2) I do not what to loose my work permit, what are my options?

3) After/Before denial from USCIS of my current file, can I file waiver of the joint filing requirement?

Please advice!

Thank you


Asked on 3/19/15, 11:01 pm

3 Answers from Attorneys

Philip Eichorn Hammond Law Group

Hi. The best advice is to hire a lawyer. Message boards are nice but this is the time to retain counsel. You may not be denied. There are strategies to employ that will bridge the gap to your spouse's absence. It will depend on the facts surrounding your marriage. It will depend on the recency of the marriage, the recency of your entry into the U.S., any additional international travel, how other people in the community view the marriage, the paperwork being filed in your divorce case and more. This is not the time to play hero and do it yourself. Hire a lawyer because your status is as important as your health.

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Answered on 3/20/15, 6:17 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

I don't see that you have an option but to file for the waiver of joint filing. I also recommend that you hire a professional to handle this matter.

However, for more information, see:

http://www.uscis.gov/sites/default/files/files/pressrelease/CRwaiver041003.pdf

http://www.uscis.gov/sites/default/files/files/form/i-751instr.pdf

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

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Answered on 3/20/15, 12:11 pm
Michael Hendrickson Law Office Michael E. Hendrickson

I agree with both responses provided by above counsel (and that

you should file for the referenced waiver before the scheduled joint interview).

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Answered on 3/21/15, 10:08 am


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