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[justandmerielen 0]

My wife and I are going through a really difficult time right now, unfortunately, my immigration status is still pending. Does anybody know what are my chances of going to the AOS interview and getting my status changed? I'm afraid immigration officials may reject my case due to the fact that my wife is not willing to participate or even testify on the validity of our marriage. (sadly, she has accepted being unfaithful to me more than once).

Thank you...

[mRx 16]

from the FAQs:

Q: What happens if we filed the adjustment of status application, but my US citizen spouse will not attend the interview?

A: In complex situations like this one, it is always advisable to confer with a competent immigration attorney. If the spouse refuses to cooperate and accompany the alien spouse to the interview, a non-viable marriage may not necessarily be fatal to the approval of the petition. It may be possible to self-petition under VAWA. Lack of physical battery does not necessarily preclude a self-petition as an abused spouse under the very liberal immigration laws. Strong evidence of the bona fide nature of the marriage would be required and although the marriage may be non-viable, absent evidence of a sham marriage, a petition cannot be denied simply because the parties are not living together

[diadromous mermaid 36]

from the FAQs:

Q: What happens if we filed the adjustment of status application, but my US citizen spouse will not attend the interview?

A: In complex situations like this one, it is always advisable to confer with a competent immigration attorney. If the spouse refuses to cooperate and accompany the alien spouse to the interview, a non-viable marriage may not necessarily be fatal to the approval of the petition. It may be possible to self-petition under VAWA. Lack of physical battery does not necessarily preclude a self-petition as an abused spouse under the very liberal immigration laws. Strong evidence of the bona fide nature of the marriage would be required and although the marriage may be non-viable, absent evidence of a sham marriage, a petition cannot be denied simply because the parties are not living together

While this does apply to situations involving abuse, the OP does not claim that abuse is occuring in his marriage. Another point worth mentioning is that very often in abuse situations, the offender has no intention of divorcing, but rather fancies the control that can be wielded over an alien.

Frankly, it sounds like this is a marriage that your wife simply wishes to exit. If she is not willing to attend the AOS interview, if called, your petition will be denied.

Edited April 16, 2007 by diadromous mermaid

[mRx 16]

from the FAQs:

Q: What happens if we filed the adjustment of status application, but my US citizen spouse will not attend the interview?

A: In complex situations like this one, it is always advisable to confer with a competent immigration attorney. If the spouse refuses to cooperate and accompany the alien spouse to the interview, a non-viable marriage may not necessarily be fatal to the approval of the petition. It may be possible to self-petition under VAWA. Lack of physical battery does not necessarily preclude a self-petition as an abused spouse under the very liberal immigration laws. Strong evidence of the bona fide nature of the marriage would be required and although the marriage may be non-viable, absent evidence of a sham marriage, a petition cannot be denied simply because the parties are not living together

While this does apply to situations involving abuse, the OP does not claim that abuse is occuring in his marriage. Another point worth mentioning is that very often in abuse situations, the offender has no intention of divorcing, but rather fancies the control that can be wielded over an alien.

Frankly, it sounds like this is a marriage that your wife simply wishes to exit. If she is not willing to attend the AOS interview, if called, your petition will be denied.

yeah your right, i dont really think that infidelity could be construed as abuse.

Edited April 16, 2007 by matt85