Spouse does not show up at the interview i-751

[databit 328]

2 hours ago, Leslie B. said:

Right now we are registered under one address, but if I initiated divorce we would separate.

Strangely, people can be legally separated but still live together. 

[Leslie B. 1]

4 minutes ago, andy78 said:

Someone correct me if I am wrong, but in joint filing situations where circumstances change between the filing and the interview (such as, the parties filing divorce or intending to do so),  isn't the right way to handle this is to to inform USCIS about the change in circumstances and submit a letter to amend the I-751 and request changing it from joint filing to a divorce waiver, and informing USCIS that the divorce is in progress?

 

Yes, you are correct. But if you change your case from joint to waiver right before the interview or after, you will not be able to get the divorce decree on time.

[mindthegap 2,590]

38 minutes ago, Leslie B. said:

Yes, you are correct. But if you change your case from joint to waiver right before the interview or after, you will not be able to get the divorce decree on time.

Doesn't matter ultimately, albeit massively inconvenient coupled with scary USCIS denial letters in the mix.

 

Yes, if they issue an RFE for a final decree (usually 87/90 days response time) and you can't provide it in that time, you would receive a denial.

Your options then would be:

a) wait until you get an NTA (notice to appear) and you can present the decree to an immigration judge who will order it re-opened. However, an NTA and court appearance can be years away.

b) file another I-751 when you have the decree, shortly before, or whenever you like (although little point if they will just RFE you for it immediately and you can't provide it again). There is no limit on the number of I-751s that can be filed, and any filed and pending I-751s MUST all be adjudicated by USCIS before a final order of removal (ie, termination of status) can be made by a judge, and you remain a permanent resident until that time.

 

 

Edited June 1, 2018 by mindthegap

[ApplyingforN400 126]

I dont know why people give advice like “game over”

 

first, what the person means by “game over” is, that they suspect fraud, if thats the case, you have a battle ahead of you but not game over,  in most cases it takes around 10years before i751 is fully gone through denial process and appeals etc etc etc all the way to deportation. You can read some case laws about this. 

 

If your story is legitimate and you fell out of marriage in the months leading up to interview, you’ll need send a letter rescheduling the interview and explaining the separation, then start the divorce proceedings. 

 

At this point, lot of things can happen, and the most common one is, they deny you, and it would take around 2 years to recieve NTA, in that time, you are legal resident, finish your divorce and apply with a new waiver. With good proof, you can even get approved without an interview.  

[geowrian 22,337]

If the spouse doesn't show (barring a handful of reasons for not doing so, such as military deployment, medical issues, etc.), expect a denial.

Worse yet, if the spouse does show and decides to throw you under the bus, you're going to almost certainly be be denied and have a hard time fighting it with an IJ or future I-751.

 

You can switch to a divorce waiver anytime, although you may or may not have enough time to provide the final divorce decree, which would result in a denial.

If denied, you can file a new I-751 and do the divorce waiver. USCIS may refer your case to an IJ and have an NTA issued concurrently with the denial, or (usually) they may just issue the denial, followed by an NTA later (in which case you can just refile and let USCIS adjudicate it).

 

It does take USCIS some time for the denial and removal proceedings to go through the system if one contests it with a good attorney. It usually takes at least a few years from initial denial to an actual removal ..sometimes longer. Given the current backlogs with both USCIS and immigration courts, this is likely extended by a couple years as well unless they is an uptake in processing speeds / decrease in workloads.

[Ash.1101 1,756]

Just as a note, after looking at the OP's past post history.

He has been asking about this since Dec 2017 and has been given the same answers.

Don't stay in the marriage because you think it may help your ROC case. It could actually hurt it if your spouse does not show to the interview, and then refuse to sign divorce papers.