Immigration Law Question: Wife NO Show for Condition Green Card Interivew

[Mega Harry]

I am in quite a difficult situation at the moment... Here's a summary

- I came here in US on H1B (June 2006 to June 2011)
- March 2011 I got married to US Citizen
- April 2011 applied for family green card through marriage
- April I received my EDA card (work permit)
- July 20th 2011 I had my 1st interview appointment, My wife was not willing to join for interview because of her sickness (reschedule)
- Sept 28th 2011 I had my 2nd interview appointment, This time also my wife was not willing to join for interview, I personal went for interview and explain about my wife health problem and showed all related medical documentation to office, he said we will reschedule the interview.
- Oct 27th 2011 I had my 3rd interview appointment, This time also my wife is not willing to join, I tried my best to explain to her about the process but she doesn't understand. (i have send letter for reschedule)

I am not sure what will USICS (Detroit) will reply, My EDA card expire on May 22nd 2012.
Please let me know how to approach to this situation towards USICS, His there is any option left for me?

Your answers will be greatly appreciated, waiting for your early reply.

[Mega Harry]

I am in quite a difficult situation at the moment... Here's a summary

- I came here in US on H1B (June 2006 to June 2011)
- March 2011 I got married to US Citizen
- April 2011 applied for family green card through marriage
- April I received my EDA card (work permit)
- July 20th 2011 I had my 1st interview appointment, My wife was not willing to join for interview because of her sickness (reschedule)
- Sept 28th 2011 I had my 2nd interview appointment, This time also my wife was not willing to join for interview, I personal went for interview and explain about my wife health problem and showed all related medical documentation to office, he said we will reschedule the interview.
- Oct 27th 2011 I had my 3rd interview appointment, This time also my wife is not willing to join, I tried my best to explain to her about the process but she doesn't understand. (i have send letter for reschedule)

I am not sure what will USICS (Detroit) will reply, My EDA card expire on May 22nd 2012.
Please let me know how to approach to this situation towards USICS, His there is any option left for me?

Your answers will be greatly appreciated, waiting for your early reply.

[federale86]

This is very disconcerting and USCIS will view her failure to appear as evidence of fraud. You have to get her to the interview.

[Aroha]

I concur. You really need to impress upon her just how serious this is and what the consequences will be if she continues to refuse. They will not reschedule indefinitely.

[Cayita]

I rescheduled 3 times without problem (one of those reschedules even included moving the my file to another state because we had moved).

But in my case, I had a pretty convincing reason: my husband, who is a federal agent, was attending training which was being completed in different parts of the country. I was traveling with him to all this locations. We provided proof and contact information of his supervisors.

I do not know what kinds of disease your wife has but it has to be very serious in order to CIS to "forgive" her past absences. They are going to deny your application if she does not show up ASAP.

[Allan S. Lolly, Immigration Attorney]

Often, in these situations the relationship itself is the problem. It seems as if you married in good faith since you were already in the U.S. on an H visa. Was your H visa about to expire? Sometimes, it can appear as if a foreigner will jump into a marriage prematurely when another visa is about to expire. Immigration agents will examine to see if the relationship is in good faith. When you reschedule the interview, it sends a signal to immigration officers that there is some concern. If your wife ever makes it to the interview, she must be prepared to support your relationship and the marriage itself. If she feels the pressure and decides to withdraw her support, it can appear as if you did not enter into a marriage in good faith and you can be charged with fraud. Your situation is potentially serious.

You have a couple of options to consider. It would have helped if you had not allowed your H visa to expire. Have you considered reapplying for status on an H visa, or perhaps some other visa as a precaution? Regardless of what you do, you need to be careful about the fact that you have applied to obtain a green card based on marriage. Good faith is always a concern.

You might benefit from a consultation with an experienced immigration attorney. If you want to discuss you are welcome to email me or call me.

Allan Lolly
1-888-483-0300
allan@asl-lawfirm.com
http://www.1-800-usa-immigration.com/in_usa.html

[Someone12]

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