Affadavits - An Actual Question

[Boiler 44,869]

I am beginning to think that this issue is more medical than legal.

Only thing that makes sense.

Edited July 26, 2014 by Boiler

[tuckin14 58]

Not medical at all, if by that you mean it's about the health insurance. I will lose that before long anyway.

It's emotional.

[tuckin14 58]

For those who care (both of you!):

a) Obviously I decided to stop whining to everybody on this board.

b) Mrs. Tuck never got an RFE but has an interview next week.

c) I will probably not go.

d) With my mother (whom she wrote some nasty emails to and thereby alienated my whole family) in a hospice, she wrote to me and said "It would only take your rotten family 5-10 minutes to write a letter for me, which they won't do only because you turned them against me." Charming.

I'll be interested to see what happens when I don't show up. She told me that if I didn't want to go I shouldn't bother, and I'm not all that eager since I don't especially want a spitting match. Another poster here said he didn't go, and then got some kind of letter from USCIS asking him questions, or inviting him to appear, or something. I have to admit that after months of reading this board I hate the thought of not participating in an actual I-751 interview and seeing what it's really like, but I talked to a lawyer and the downside outweighs my curiosity.

[tuckin14 58]

Followup:

Prior to the interview, I sent USCIS a letter saying I might not attend due to my mother's impending death and that I would not attend if the interview was between her death and the end of the religious morning period (total gap of about 10 days). The interview was scheduled for Friday October 10, and as of Wednesday the 8th my mother hadn't passed. On that day I went to USCIS and hand-delivered a letter saying I did not intend to appear. They said the case had been put in the rescheduling queue, but I said I wasn't coming regardless.

On October 15 I got a letter saying that I did not appear but that my wife and attorney did (interesting they didn't say "her" attorney). They cited a number of rules that required denial of the petition. It seemed like the interview could be rescheduled if good cause was shown.

It also said that my wife's petition could not be changed to a waiver filing because we have only an "informal" separation - no divorce filing and no legal separation.

When my wife told me about the interview, I told her I might not attend and she seemed pleased. I asked her who to tell if I couldn't go and she said I should tell her. I had also informed my attorney that I intended not to go. It was extremely curious that neither of them inveighed on my at all to go. Seems like awfully bad lawyering.

The denial letter referred to one substantive element of the interview, meaning that they did apparently actually conduct an interview. Interestingly, that one substantive element was a blatant lie. They said that my wife said she had asked me to move out in "November or December." She actually told me to move out in early August, just two days after we moved in together, and I was gone by early October. Even for someone relatively inattentive to the calendar, it's inconceivable that my wife, who is a schoolteacher and therefore measures her calendar by the start of school, could have confused August with November/December.