Emergency Advice Needed

[justashooter 430]

in most states, a marriage that is not consumated is void, in a legal sense.

if your spouse intends to sit in an interview and say that you have a continuing married relationship, she will be lying, especially so in that you are no longer living together(?). you are not qualified to adjust status by interview.

if your case has been moved to CSC, you will likely be approved without interview. if it is anywhere else, you will need to interview.

[rika60607 215]

Dear Formula,

to answer your (PM'ed) question - you should go to any and all interviews that USCIS schedules for you. If you just don't show up - you will be automatically denied. I suspect that you do not quite understand the difference between ROC and AOS. Please read the guides. I don't normally suggest that people need lawyers, but you do need one. Or else, you could focus on getting another H-1 visa to keep your job and life in the US and not attempt the immigration route.

Best of luck to you.

Edited November 21, 2009 by rika60607

[Formulaone 0]

in most states, a marriage that is not consumated is void, in a legal sense.

if your spouse intends to sit in an interview and say that you have a continuing married relationship, she will be lying, especially so in that you are no longer living together(?). you are not qualified to adjust status by interview.

if your case has been moved to CSC, you will likely be approved without interview. if it is anywhere else, you will need to interview.

Thank you so much for the prompt response.

How do I know if my case has been moved to CSC or not?

[resilient 2]

Hi there,

You should read a bit more the Guides here to get the whole process... I was lost in the beginning as well, so I had to read a lot on VJ and google a lot too to understand the main guidelines. You should too.

As I was in the same case as yours (H1 before marrying), I can tell you that most certainly your case will NOT be transferred to CSC. Cases transferred there are usually for people who won't have an interview because they had a fiancee interview in their country of origin before coming to the US.

You will most certainly be invited for an interview in your local office (my interview was 3 months after my application for AOS) and your wife will have to go with you and attest that the marriage is real and not broken, answer questions about the relationship from the Immigration Officer, etc. As she seems to want out of the marriage, it seems like she won't agree to go with you to the interview as the marriage is ending.

Anyway, good luck, and remember - you have to be informed to make good decisions. Read a lot about the process in the guidelines!

in most states, a marriage that is not consumated is void, in a legal sense.

if your spouse intends to sit in an interview and say that you have a continuing married relationship, she will be lying, especially so in that you are no longer living together(?). you are not qualified to adjust status by interview.

if your case has been moved to CSC, you will likely be approved without interview. if it is anywhere else, you will need to interview.

Thank you so much for the prompt response.

How do I know if my case has been moved to CSC or not?