Crisis Before the Interview!!

[Jamaican JNR 2]

We got married in Japan and I was just visiting her.

Then by the time I have to leave here before 90 days, we realized that it is too hard to be separated.

So My wife filed I-130 for me using an attorney and we got through all the process and

received an interview date few weeks ago.

I just cannot believe I am in this situation now. She had a great time with my family in Japan and we are so close, at least for me, relationship.

It happened to be she started cheating on me while I was in Japan.

The problem now is I started find out all her lies now.

She tells me all different story about everything these days I don't know what to beleive.

Our common friend told me that they knew about her cheating and supporting me now.

Please someone let me know what my options are.

I know I will need an attorney but right now, she might show up for the interview.

And we don't know what will happen to our marriage right now.

Your case is so sad, but its not unique to VJ. My question to you is, are you willing to forgive and continue the marriage? If both of you decide to work out the differences before the interview, then go ahead with it, but if not, you know what to do.

[JimVaPhuong 4,863]

Thank you everyone for your comments.

To add more info, we have been married for over a year and lived together for about 7 months.

Marriage was entered in good faith, but she found this new guy during 5 months of separation.

I am trying to contact her but no reply.

I left her messages, text and emails, but so far she has not replied yet.

She lost all her friends because of her lying and I have no idea where she is now.

But at least she is in the same town.

So do you guys think I should withdraw this petition with her and try to file by myself with an immigration attorney for a green card?

It is so frustrating because just until few days ago when I received an interview date, I was so happy. And I thought she was happy too.

Then this whole story, cheating and abortion surfaced.

Right now, I am still waiting for her to contact me, but I am so depressed and cannot sleep at all.

The attorney we had was hers and I would like to know how to find a good but reasonable price attorney.

Please help me since I don't have much time left till the interview.

Thank you.

Unfortunately, you cannot petition for AOS by yourself, at least not based on the marriage. Your wife must support your AOS petition, which means she needs to be at the interview with you. If she doesn't go to the interview, or if she withdraws her support, you have no basis to get a green card. "Good faith" doesn't come into play until you apply to remove conditions from your green card. Even then, your divorce would have to be final before you could self-petition.

Again, I'm going to be brutally honest with you - you were married when you entered the US as a visitor. You then applied for a green card based on that marriage while you were in the US on a visitor's visa. Even if your wife cooperates, and goes to the interview with you, you're going to have a very difficult time convincing the interviewing officer that you did not intend to immigrate when you entered the US.

Your situation is pretty dire. You probably shouldn't be looking for advice on a public forum. If you want to have any chance of remaining in the US you should consult with a very good immigration lawyer.

[poyo 0]

Thank you rika60607.

I have never over stayed in the US.

Before I got married, I was studying here and got my B.A.

Unfortunately, I graduated at the worst time; economy was melt down and E-visa was always filled out in a day.

That's way I went back to Japan.

I have known my wife from school in the US so it has been five years.

After reading everyone's comments, it seems like better to withdraw this AOS. But is there anyway I can petition myself as an abused?

Since abortion is a big deal in my country and for me too. I went to a catholic school so I was so shocked when I found out what she did.

[SuperDuper! 230]

The country of origin really has no bearing on the question the OP has asked.

It is best to withdraw your green-card application since without your USC wife's sponsorship and a continuing valid marriage, your application will not be approved. Under no circumstances should you go to the interview alone. Have you verified with your wife if she has withdrawn the affidavit of support and or if she plans on attending the interview?

OBJECTION. The CONTEXT of a situation helps us humans make sense and meaning of a situation. Daily life does NOT take place in a vacuum.

Edited September 9, 2009 by itzallgood

[mohammedsafi 0]

HI everybody, i want to share my story , perhaps i will help, i have been here since january throught k1 visa and married my fiancee within 90 days and then filed my I 485 and I765 and I131 i got my work permit and advance parole too. But we lived some probs together and she went to the local office here in portland (MAINE) and she withdrawed the form I864 and she told them that she filed for the divorce , i didn't know about that but one week later she talked to me about it , i was surprised and i told her that i had nothing to say cause she dicided by her self. then after that she went back to the same local office and told thgem that she wants to void the withdrawal and that she was scared and that we are working on our marriage.They told her that they already asked CSC (calfornia) to send them my case . one week later i received a notice from california saying that my case was transferred to portland local office they said that portland local office has now jeriduction on my case . 10 days later i received a G56 from portland they saked me to come to portland office for an interview regarding my I485 nd they asked me to bring my wife with me and proof for our relation ship and original of all copies submitted . honestly i was surprised to know that i still have an interview cause i thought they will con cell my case. but i don't know what will happen in the interview. pray for us. thank you.

[SMR 368]

He has an immigration lawyer, no? Poyo, why not seek the legal counsel of the person you have already had working on your case?

If his wife hired the lawyer to handle the I-130 then, technically, she is the client. If he's like most immigration attorneys, he probably hasn't been involved in the case since the initial petition was approved. Since the marriage is now fizzling out, it might be a conflict for the attorney to now represent the OP as a separate client. It might be better if he got a different attorney. If my understanding of this situation is correct, this attorney hasn't given them very good advice anyway.

I'm still trying to figure out what happened here. From my understanding, OP met his US citizen wife in Japan, where they were married. After this, OP came to the US to visit his wife. When his visa was about to expire they decided it was too hard to separate, so his wife (on the advice of an attorney) decided to file an I-130 to keep her husband in the US. Now it's time for the I-485 interview, and the marriage is falling apart.

Ok, I don't see much chance of the AOS interview being successful, even if his wife participates. They were married before he entered the US as a visitor. They're going to have a helluva time convincing the IO that he didn't intend to immigrate when he entered.

If his wife doesn't go to the interview, then he's sunk. His AOS is based on his marriage to her. There is no "good faith" waiver for AOS.

Poyo, by all means you should contact a competent immigration lawyer. However, based on my understanding of what you've posted here, I think you're going back to Japan.

Actually, the fact that the attorney advised the marriage is critical. If the wife participates, he has a good chance. You can argue that he wasn't planning to stay when he entered. They decided here that he wanted to immigrate and then consulted a lawyer. The lawyer informed them that the best option was to do AOS without leaving. If that wasn't the case, then don't lie. But it's a common story and the attorney is your witness.

Of course, this is a lot more complicated if you're separated from your wife and coming together to the interview may for that reason be fraudulent. Just making the point that if the wife was on board, the case is manageable.

[JimVaPhuong 4,863]

He has an immigration lawyer, no? Poyo, why not seek the legal counsel of the person you have already had working on your case?

If his wife hired the lawyer to handle the I-130 then, technically, she is the client. If he's like most immigration attorneys, he probably hasn't been involved in the case since the initial petition was approved. Since the marriage is now fizzling out, it might be a conflict for the attorney to now represent the OP as a separate client. It might be better if he got a different attorney. If my understanding of this situation is correct, this attorney hasn't given them very good advice anyway.

I'm still trying to figure out what happened here. From my understanding, OP met his US citizen wife in Japan, where they were married. After this, OP came to the US to visit his wife. When his visa was about to expire they decided it was too hard to separate, so his wife (on the advice of an attorney) decided to file an I-130 to keep her husband in the US. Now it's time for the I-485 interview, and the marriage is falling apart.

Ok, I don't see much chance of the AOS interview being successful, even if his wife participates. They were married before he entered the US as a visitor. They're going to have a helluva time convincing the IO that he didn't intend to immigrate when he entered.

If his wife doesn't go to the interview, then he's sunk. His AOS is based on his marriage to her. There is no "good faith" waiver for AOS.

Poyo, by all means you should contact a competent immigration lawyer. However, based on my understanding of what you've posted here, I think you're going back to Japan.

Actually, the fact that the attorney advised the marriage is critical. If the wife participates, he has a good chance. You can argue that he wasn't planning to stay when he entered. They decided here that he wanted to immigrate and then consulted a lawyer. The lawyer informed them that the best option was to do AOS without leaving. If that wasn't the case, then don't lie. But it's a common story and the attorney is your witness.

Of course, this is a lot more complicated if you're separated from your wife and coming together to the interview may for that reason be fraudulent. Just making the point that if the wife was on board, the case is manageable.

Probably a minor point, but the attorney didn't advise the marriage - they were already married when he entered on a tourist visa. The fact that his wife hired an attorney doesn't prove intent or lack thereof. If USCIS considers this at all (and they probably won't) then it could be interpreted either way. Maybe they would consider the fact that she hired an attorney for immigration advice after he entered as proof there was no prior intent. On the the other hand, maybe they'll consider the fact that she hired an attorney at all as proof that she knew they'd have a tough time proving there was no intent to immigrate, and wanted professional help.

Many, if not most, immigration attorneys will recommend that a couple file for AOS if the foreign spouse is already in the US. Truth be told, they make a lot more money if the petition or AOS are denied. I've read numerous cases on this forum where people have said that attorneys have recommended they bring their fiance to the US on a tourist visa, marry them in the US, and then apply for AOS. I've also read cases where a foreigner came to the US on a tourist visa to marry his/her US citizen fiance/e, and originally intended to return to their home country to wait out the visa process, but were subsequently advised by an attorney to stay and file for AOS.

Entering on a non-immigrant visa and then filing for AOS based on marriage is extremely risky. If all it took to mitigate this risk was to hire an attorney, then everyone would do it.

[rika60607 215]

Poyo,

claiming abuse may win you a few extra months in the US, but really...

abortion is woman's right, especially since that may have been another man's child and that will not likely be seen as abuse.

On the other hand, it would be morally wrong to label your spouse an abuser. She's irresponsible, true... but not abuser.

Why don't you go to graduate school? You can stay in the US then, get education and get paid stipend while doing that.

Then you'll find a nice job and voila, let your former spouse regret her poor choices.

Thank you rika60607.

I have never over stayed in the US.

Before I got married, I was studying here and got my B.A.

Unfortunately, I graduated at the worst time; economy was melt down and E-visa was always filled out in a day.

That's way I went back to Japan.

I have known my wife from school in the US so it has been five years.

After reading everyone's comments, it seems like better to withdraw this AOS. But is there anyway I can petition myself as an abused?

Since abortion is a big deal in my country and for me too. I went to a catholic school so I was so shocked when I found out what she did.

[usaborn1111 0]

Hello

First time to post here.

I need a very argent answer. I have my interview next week for my I-485 to get my green card.

My wife filed I-130 and we just need to go to the interview.

However, past few months I noticed her strange attitudes.

Then I found out that she is cheating on me and even had an abortion!!

This is so sudden and I don't know what to do.

I don't have a GC so I know it is very difficult to do it without my wife.

But I don't even don't know if she will show up at the interview next week. ( She moved out from our place).

What is my option? Should I go to the interview even if she does not show up?

I am upset my wife's betrayal and worried about my GC.

I really would like to stay here.

Please help me ASAP.

apply for a waiver but i think you're screwed up