H1 Visa if I751 denied?

[Nadi32 0]

Hi -

I'm worried that my petition to remove the conditions on my GC will be denied due to my husband and I separating since filing the petition. Although our marriage was made in good faith I still worry. I have two questions that I hope maybe someone here can answer for me.

1. The USCIS has called for me to come to an interview about my case at the end of January. If my husband refuses to come to the interview will they automatically deny my petition?

2. I am a researcher at a big university, they will want me to get an H1 visa if my GC falls through. Will there be any difficulties with this?

Thanks!

Nadia

[Dakine 26]

Hi -

I'm worried that my petition to remove the conditions on my GC will be denied due to my husband and I separating since filing the petition. Although our marriage was made in good faith I still worry. I have two questions that I hope maybe someone here can answer for me.

1. The USCIS has called for me to come to an interview about my case at the end of January. If my husband refuses to come to the interview will they automatically deny my petition?

2. I am a researcher at a big university, they will want me to get an H1 visa if my GC falls through. Will there be any difficulties with this?

Thanks!

Nadia

Sounds like you need to start divorce proceedings. You should be OK with USCIS if you do so.

[Petersons 0]

Nadia, if your husband doen't come with you to the interview, you most probably will not get a Green Card. Even if they know that you have separated, you probably won't get a green card. I'd suggest you get yourself an H1B and apply for GC through employment if you don't plan on getting back with your husband.

[Old Dominion 26]

Hi -

I'm worried that my petition to remove the conditions on my GC will be denied due to my husband and I separating since filing the petition. Although our marriage was made in good faith I still worry. I have two questions that I hope maybe someone here can answer for me.

1. The USCIS has called for me to come to an interview about my case at the end of January. If my husband refuses to come to the interview will they automatically deny my petition?

2. I am a researcher at a big university, they will want me to get an H1 visa if my GC falls through. Will there be any difficulties with this?

Thanks!

Nadia

Sounds like you need to start divorce proceedings. You should be OK with USCIS if you do so.

Agree!

[rika60607 215]

I do not agree - there was a case reported on VJ, where a couple went together for the interview and conditions were removed successfully despite the couple being in the middle of divorce.

Of course, going through the interview alone would be more difficult and more questions/proofs could be asked. But I still think that if you have a lot of evidence, removal of conditions can be done!

Nadia, if your husband doen't come with you to the interview, you most probably will not get a Green Card. Even if they know that you have separated, you probably won't get a green card. I'd suggest you get yourself an H1B and apply for GC through employment if you don't plan on getting back with your husband.

[sjoefl01 1]

There was a guy on here recently that went to an interview divorced and had no problems at all. The interview was over in a few minutes. I don't think you will be instantly denied because your husband didn't come with you. This is not like it was getting the green card in the first place. You only have to convince them that you came with good intentions.

Why do you think you were called for an interview at all?

[Nadi32 0]

I have no idea why they called for the interview, I assumed it was because of the separation. Also maybe because we had two weddings? One was later so that my family could attend (they had to come all the way from Australia). I sent what I thought was a lot of good evidence ... leases, tax returns, bills, photos, affidavits. Some of it goes back a long time, since my husband and I were together since 2001, although we didn't get married until 2005. Anyway, who knows the inner working of the USCIS, I imagine whether or not you get called for an interview depends very much on who is reviewing your case.

Nadia