Going for an interview (petition to remove condition I-751) without my spouse

[Julia725 0]

Hello! I have uncommon situation and I would really appreciate any advices.

I got married in January 2010; arrived to U.S. in November 2010 on CR1 visa. When I arrived, I found out my husband was bond out from a jail and he is going to have a trial. Soon I received conditional GC by mail. In April 2012 my husband was sentenced for 10 years; (however I believe he is innocent, it wasn't any direct evidence against him, one person testified against him). I and my mother-in-law hired a lawyer, and the lawyer filed for appeal to Appeal Court. In October 2012 we filed I-751 joint petition to remove my conditional status, he signed it in jail. Several days ago I received an invitational letter for interview in local office. The letter under general instruction paragraph says: my spouse must appear for interview. I hope they reviewed all paperwork I sent to them, where I included conviction papers, his actual address in the jail (part 4 in I-751 form) and had knowledge of his sentence, before they sent that invitational letter.

My husband still in jail, judges still didn't review his appeal case yet. If he gets an appeal, it takes about 18 months to get a new trial in court.

Can I pass interview without his presence there, if I have (I hope) enough evidences of bona-fide marriage at interview? Will Immigration deny me, just because my husband is not present at interview? In case of denial what options do I have? If he won't get an appeal, I told him and he is agree about it, what we need to divorce, can I resubmit my petition based on divorce waiver? If he gets appeal, he is definitely going for an interview with me, but it takes at least 18 months for him to get out. I don't have any possibility to hire another attorney for my immigration case; his criminal defense attorney was a burden for all of us.

Thank you!

Edited September 23, 2013 by Julia725

[Navyk 78]

Hello! I have uncommon situation and I would really appreciate any advices.

I got married in January 2010; arrived to U.S. in November 2010 on CR1 visa. When I arrived, I found out my husband was bond out from a jail and he is going to have a trial. Soon I received conditional GC by mail. In April 2012 my husband was sentenced for 10 years; (however I believe he is innocent, it wasn't any direct evidence against him, one person testified against him). I and my mother-in-law hired a lawyer, and the lawyer filed for appeal to Appeal Court. In October 2012 we filed I-751 joint petition to remove my conditional status, he signed it in jail. Several days ago I received an invitational letter for interview in local office. The letter under general instruction paragraph says: my spouse must appear for interview. I hope they reviewed all paperwork I sent to them, where I included conviction papers, his actual address in the jail (part 4 in I-751 form) and had knowledge of his sentence, before they sent that invitational letter.

My husband still in jail, judges still didn't review his appeal case yet. If he gets an appeal, it takes about 18 months to get a new trial in court.

Can I pass interview without his presence there, if I have (I hope) enough evidences of bona-fide marriage at interview? Will Immigration deny me, just because my husband is not present at interview? In case of denial what options do I have? If he won't get an appeal, I told him and he is agree about it, what we need to divorce, can I resubmit my petition based on divorce waiver? If he gets appeal, he is definitely going for an interview with me, but it takes at least 18 months for him to get out. I don't have any possibility to hire another attorney for my immigration case; his criminal defense attorney was a burden for all of us.

Thank you!

Your is quite unique case. You can't take your husband for the interview but you married in good faith, so I guess you will be given the approval after interview basing on the strength of your evidence.