i-485 interview without wife

[single 1]

Hi all,

I have been married for 13 years to my wife(USC) The first 4 year we lived together and the last 9 years we have been separated.

She got me arrested 2 time. One I was found guilty (2002), but I didn't do time and the other case was dismissed (2003).

I just got a notice for interview for the first time from USCIS and my wife told me she's not coming.

She was both mentally and emotionally abusive to me, as she tried by all means to get me locked up.

I don't know what to do, but I need to go to this interview........ does anyone have a

[kzielu 1,149]

Well - if your wife does not go, you will be denied. But if you have been separated for last 9 years, trying to adjust the status based on marriage is pure fraud anyway.

[Sandra G. 5,057]

single you separated 9 years ago and your wife should not attend the interview with you at all. What are you talking about? In order to adjust status you need to prove commingling finances and commune residence, it means a bonafide marriage and you don't have that anymore.

If she was abusive and you can prove that then show up in the interview and tell the adjudicator that you will file a Vawa case(for people were battered or suffered mental abuse). Most Uscis local offices give 30 days to prove Vawa case was filed, you have to hurry up because Vawa Unit is taking 20/25 days to send a prima facie and you need to send the Prima Facie to the local office.

Find a good lawyer or a pro bono lawyer specialized in Vawa cases and they may help with your Vawa case.In order to have Vawa approved you must prove you suffered extremely cruelty.You need to go for some therapy and have a psychological evaluation done stating if you are suffering pos traumatic disorder or severe depression etc because of the abuse suffered.

[Caryh 5,206]

You were married for the past 13 years, but only lived together for the first 4, and you're just now trying to get a green card? So you've been in this country for 13 years without permission to work? How have you survived for 13 years here? Have you worked without permission during this time?

Your case sounds very unusual, and I think you've got issues well beyond the self help this forum can offer you. I think you're going to need an immigration lawyer and a damn good one to.

[single 1]

I went home in 2005 and she filed i-130 to bring me back in 2008. she was abusive again and I left the house. I have 2010 and 2012 joint income tax return that I we were living together.

After making false police report and getting me locked up for nothing. I just gave up and left. Her behavior was just like 5 year old. Name calling, belittling, spiteful and INS or calling immigration were constant treats. She started withholding sex from me or uses it as a tread of. Thus, I was the one paying all household expenses, as I was the only one in a household working at the time. But I was always the one acting immature according to her. I was always reminded that things are done stain way in America. All of her behaviors and actions were my fault. I felt so worthless, so weak, and have virtually no self-esteem at all. I kept making excuses for my wife, she just needs help, she will get better, she’s just stressed, she has been through a lot, she’s sick with severe asthmatic. Then it started rationalizing such irrationable behavior which led into me thinking I’m the crazy one.

I was acquitted of the charges. I moved out of the house and check myself in a shelter. With the support of my friends, I saw the therapist and seek more help. I’m grateful, that my breaking point only landed me in a shelter and not in a coffin. I learned why I had the disturbing change in behavior and emotions. I never had a problem with intimacy or closeness ever, but I felt like a prostitute. I felt that I wanted detached sex. I couldn’t explain it to well I'm sorry.

Can I ask immigration to reschedule my appointment?

[N-o-l-a 7,168]

Your case sounds very unusual, and I think you've got issues well beyond the self help this forum can offer you. I think you're going to need an immigration lawyer and a damn good one to.

:thumbs:

The fact that you were arrested and put in prison for domestic violence doesn't help your case at all.

You most definitely need a lawyer and your issues are beyond the scope of a DIY forum.

[Caryh 5,206]

I went home in 2005 and she filed i-130 to bring me back in 2008. she was abusive again and I left the house. I have 2010 and 2012 joint income tax return that I we were living together.

After making false police report and getting me locked up for nothing. I just gave up and left. Her behavior was just like 5 year old. Name calling, belittling, spiteful and INS or calling immigration were constant treats. She started withholding sex from me or uses it as a tread of. Thus, I was the one paying all household expenses, as I was the only one in a household working at the time. But I was always the one acting immature according to her. I was always reminded that things are done stain way in America. All of her behaviors and actions were my fault. I felt so worthless, so weak, and have virtually no self-esteem at all. I kept making excuses for my wife, she just needs help, she will get better, she’s just stressed, she has been through a lot, she’s sick with severe asthmatic. Then it started rationalizing such irrationable behavior which led into me thinking I’m the crazy one.

I was acquitted of the charges. I moved out of the house and check myself in a shelter. With the support of my friends, I saw the therapist and seek more help. I’m grateful, that my breaking point only landed me in a shelter and not in a coffin. I learned why I had the disturbing change in behavior and emotions. I never had a problem with intimacy or closeness ever, but I felt like a prostitute. I felt that I wanted detached sex. I couldn’t explain it to well I'm sorry.

Can I ask immigration to reschedule my appointment?

I-485 is application to adjust status, usually from an K-1 visa, which should have happened long ago. The I-130 is a spousal visa, which if she applied for after you returned to your home country, you should have gotten a green card already, and given the time frame a 10 year green card because you'd been married over 2 years. I'm totally confused why you would have an I-485 interview now. You also said you've been working, and paying the bills, you would have needed at least an EAD, or a green card to work. They're not going to let you go years and years on an EAD. Everything you've said doesn't match up with any normal process, unless you've been coming into and out of the country without a visa, avoiding inspection, while getting visa denials.

Seriously your timeline as you've described it sounds like a bunch of unrelated copy and paste sentences of immigration terms. The process just doesn't flow the way you're describing it. Yes, a person could come on a K-1, adjust status, then leave giving up their green card, or leave without ever getting a green card. But returning on spousal visa means you have a green card and there is no I-485 interview to adjust status, because adjusting status is how you get a green card. There also would not be a removal of conditions interview, because you would have gotten a 10 year green card on entry after being married as long as you were. Are you sure you're not being called in for an interview about initial fraud in your case? Yes, don't walk but run to find a damn good immigration lawyer.

[Sandra G. 5,057]

Single i think you are confuse.If your wife petioned for you when you were in your home country it means you came to the USA with Cr1 visa and you gor your first green card and now they called you to attend ROC interview.If it's the case then you messed up big time not submitting I-751 waiver based in extreme cruelty. YOU need a lawyer not to help you .

[single 1]

Ok.. I will start from the top...

2000 got married and file i-485 got my EAD card

between 2000 and 2004 she was abusive and withholding any information from INS including notification for interview.

2004 got arrested for Domestic Violence charges were dropped. I got order of protection against her.

2005 I left the US as I was broken down, unmotivated, spiritually bankrupt from being abused by her

2007 she filed i-130 for me to come back to the US as she was diagnosed with cancer.

2008 i-130 approved and I came to the US

2010 I file i-485 again and got my EAD

2010 I moved out of the house as she was starting to be abusive to me again and withholding sex.

to make matters worse, I found out that she was lying about cancer.

[N-o-l-a 7,168]

Ok.. I will start from the top...

2000 got married and file i-485 got my EAD card

between 2000 and 2004 she was abusive and withholding any information from INS including notification for interview.

2004 got arrested for Domestic Violence charges were dropped. I got order of protection against her.

2005 I left the US as I was broken down, unmotivated, spiritually bankrupt from being abused by her

2007 she filed i-130 for me to come back to the US as she was diagnosed with cancer.

2008 i-130 approved and I came to the US

2010 I file i-485 again and got my EAD

2010 I moved out of the house as she was starting to be abusive to me again and withholding sex.

to make matters worse, I found out that she was lying about cancer.

Well if you never went to your original I-485 interview, then your AOS was denied and you were no longer permitted to work.

If she filed the I-130 while you were out of the country and you never received an IR-1 visa, then you are in some serious trouble. Did you or her lie and say you were in the country during that time? You don't adjust status from an I-130 filed when the beneficiary is out of the country. How were you able to come back to America without a visa? Did you receive a visa in 2008?

Edited April 4, 2013 by Nola123

[Darnell 8,479]

if you have an interview coming up,

I think you should go without her, and explain all to the Immigration Official,

having many letters of attestation with you.

[single 1]

Well if you never went to your original I-485 interview, then your AOS was denied and you were no longer permitted to work.

If she filed the I-130 while you were out of the country and you never received an IR-1 visa, then you are in some serious trouble. Did you or her lie and say you were in the country during that time? You don't adjust status from an I-130 filed when the beneficiary is out of the country. How were you able to come back to America without a visa? Did you receive a visa in 2008?

I was given K3 Visa at the embassy... that's how I came in 2008

Edited April 4, 2013 by single

[Darnell 8,479]

ya, that's what I was smelling, a K-3 visa.

when you file an I-485 after arrival, you are chasing a green card. The EAD is a stop-gap thing, but always useful.

I think at some point, you need this interview, and you should focus on doing it without her.

[Caryh 5,206]

ya, that's what I was smelling, a K-3 visa.

when you file an I-485 after arrival, you are chasing a green card. The EAD is a stop-gap thing, but always useful.

I think at some point, you need this interview, and you should focus on doing it without her.

Making more sense now that its known it was a K-3 visa. I can hardly believe he's been dragged through this process this long. I think I'd have gone crazy over that many years. Possible VAWA exemption case? If he's got enough documentation to back it up. From the story he sounds like it. But going it alone will probably bring a denial without it.

[single 1]

ya, that's what I was smelling, a K-3 visa.

when you file an I-485 after arrival, you are chasing a green card. The EAD is a stop-gap thing, but always useful.

I think at some point, you need this interview, and you should focus on doing it without her.

To be honest with you, I'm a little bit nervous, but I'm also putting God upfront on this. I didn't make it this far all by myself. He has carried me through the worse when I was with her.

I know I need a lawyer, but I just honestly don't have the money to get nor pay one today. Part of me want to know if I can reschedule the interview maybe for next month. then, financially I will be ok to get a lawyer.

Edited April 4, 2013 by single