Marital Problems Just Before Interview

[sugbumama 0]

I received my 10-year GC this month (woohoo!) so this question is not for me, but for a friend who just told me about his situation today.

He has been married since 2004 to a USC and is in the process of removing conditions. Today he received the letter from INS saying that his interview will be scheduled at a future date.

His problem is that his USC spouse has been seeing someone else and is even abroad visiting him. He thought that she was visiting friends but from reviewing phone records and FB, he's found out that she's now back with her ex-boyfriend. She's returning in January.

Now he's wondering what he should do. She has been running all their joint cc's to the max and has also been demanding he pay for everything, and a bit more as she doesn't work anymore. He's pretty confused as to what to do, and with the pending interview, what should he do?

They've been struggling with the marriage for a while now - but he thinks filing for divorce would be a bad move considering that their interview is coming up. I don't especially want to recommend divorce (I only hear one side) but would like to see what others here would suggest, or if any of you have been in a similar situation and what did you do?

Thanks so much!

[Kathryn41 3,205]

Will his wife go with him to the interview and support his application that their marriage was a valid one even though they are having troubles now? That is the big question. If she is willing to support him and verify that their marriage was entered into the for right reasons even though it is going astray now then he should continue to the interview and let the adjudicator decide. If she won't support him at the interview, then he needs to decide if he is going to stay in the marriage or not. Unfortunately, if he goes to the interview on his own he is unlikely to be approved. If that is the case, he may wish to initiate divorce proceedings, send a letter to USCIS asking them to delay the interview as he is waiting for the finalization of the divorce and would be withdrawing the current application and re-submitting one with a waiver when his divorce is finalized. I don't know if they will accept that or not but it seems like his best option if she is not willing to go with him on the interview and verify the validity of their marriage. They should also be sure that USCIS is aware that things are not going well now but that it is not reflective of the original marriage and intent.

[sugbumama 0]

Thank you for that clear reply! It's pretty difficult to be the "fly on the wall" regarding my friend's situation, but right now, his mom just told me that she had petitioned him back in 1996 under "unmarried son/daughter over 21" and was wondering if he should go ahead and file for divorce and then file for his visa under the B2 classification based on his mother's approved peititon for him back in 1996. I did check online for visa availability and they're currently processing visas for those approved on Feb 1998, which means he falls under that category.

He's still having major problems and it's escalated to the point that she's running really high bills for expenses incurred with the guy she's seeing and he feels trapped that he has to pay all that while waiting for the second interview. I was wondering if filing for divorce and then using his mother's approved petition would be better instead?

Thank you so much for any views on the situation

Will his wife go with him to the interview and support his application that their marriage was a valid one even though they are having troubles now? That is the big question. If she is willing to support him and verify that their marriage was entered into the for right reasons even though it is going astray now then he should continue to the interview and let the adjudicator decide. If she won't support him at the interview, then he needs to decide if he is going to stay in the marriage or not. Unfortunately, if he goes to the interview on his own he is unlikely to be approved. If that is the case, he may wish to initiate divorce proceedings, send a letter to USCIS asking them to delay the interview as he is waiting for the finalization of the divorce and would be withdrawing the current application and re-submitting one with a waiver when his divorce is finalized. I don't know if they will accept that or not but it seems like his best option if she is not willing to go with him on the interview and verify the validity of their marriage. They should also be sure that USCIS is aware that things are not going well now but that it is not reflective of the original marriage and intent.