Wife may not come for ROC interview. Please help.

[eddy2312 0]

Hello, 

Me and my wife have been married for about 5 years now, but she is very abusive and I choose to leave far from her and at one time has ever threatened to kill me. i filled for removal of conditions 02/2018, I recently got a letter for RFE which I submitted  on 11/22/2019 for and today 12/02/2019 I am scheduled FOR 2ND INTERVIEW for Jan/2020. My worries are that my wife may not come with me and even when she come she may through me under the bus. What can I do? anyone help please. 

[Georgia16 2,858]

What happened at your first interview? 

[eddy2312 0]

I was approved on first interview. 

[Georgia16 2,858]

4 minutes ago, eddy2312 said:

I was approved on first interview. 

Why would you need a second one if first was approved. Makes no sense. 
 

do you mean AOS interview as your first interview? Or did you have 1 interview already for you ROC?

Edited December 3, 2019 by Georgia16

[eddy2312 0]

I got approved for the AOS interview and got my 2 year conditional card. 

 

[geowrian 22,338]

If she is not willing to come or is likely to throw you under the bus, the only other option would be to start the divorce process and request switching to a divorce waiver. Expecting somebody abusive to vouch that you are in a bona fide marriage sounds like a recipe for disaster.

 

That said, the timing may make completing the existing file ROC petition impossible - if one were to request switching to a divorce waiver, they would send an RFE requesting a final divorce decree. RFEs are only valid for a little under 3 months. If you can't complete the process by then, you would have to refile for ROC and go through the process over, except this time with a divorce waiver checked from the start.

[Georgia16 2,858]

56 minutes ago, eddy2312 said:

I got approved for the AOS interview and got my 2 year conditional card. 

 

Okay so it’s just a interview not a second interview. 
As said below they will expect her to be there as you have a joint petition. If she don’t go they will deny you or you can do the divorce waiver. 

[cali1618 9]

6 hours ago, eddy2312 said:

Hello, 

Me and my wife have been married for about 5 years now, but she is very abusive and I choose to leave far from her and at one time has ever threatened to kill me. i filled for removal of conditions 02/2018, I recently got a letter for RFE which I submitted  on 11/22/2019 for and today 12/02/2019 I am scheduled FOR 2ND INTERVIEW for Jan/2020. My worries are that my wife may not come with me and even when she come she may through me under the bus. What can I do? anyone help please. 

I am in the same situation, only difference being that i have not received any RFE yet. I filed my case in June 2018 , completed biometrics June 2019, and nothing after that. We've been married for 4 years now, living together, though she refused add her name on the apartment lease for 2019  but she was on the lease prior to that. We are not on good terms at all and i am very certain that she won't accompany me if at all I get an interview. The wait has been is really very long and frustrating.

[mindthegap 2,599]

No show = no approval, denial and (eventually) an NTA.

You can switch to a divorce waiver once you file...or a hardship/abuse waiver if you think you have a sufficient case for either.

If you fail to attend, fail to attend with her, or can't/won't file for divorce if she won't/doesn't attend or harms your case, then your options are limited.

 

Find out one way or another (ASK) and act accordingly. If she is going to no show, screw you (or you have valid suspicion to think she will if she does show) then just file for divorce, attend, and request a switch to a divorce waiver. She does then not have to attend, and is then effectively removed from the process.

 

 

7 hours ago, geowrian said:

if one were to request switching to a divorce waiver, they would send an RFE requesting a final divorce decree. RFEs are only valid for a little under 3 months. If you can't complete the process by then, you would have to refile for ROC and go through the process over, except this time with a divorce waiver checked from the start.

True, except you would not necessarily have to refile...if unable to provide final decree in time for the RFE to expire, you could still produce it in court, and the original filing should be ordered re-opened by the judge....although yes, I agree given the hassle/expense of going to court, it would just be easier and quicker to file a fresh I-751, with significantly less stress!

 

Edited December 3, 2019 by mindthegap

[Deagle 508]

Divorce her and file I751 with divorce waiver.

 

If you dont trust your wife and you are scared that she will screw you over on her first chance then you need to consider your marriage.

 

Good luck.

 

[eddy2312 0]

Isn't my time-line too short to request for a divorce waiver ?

because my interview should be in about 3 weeks from now jan/2020

Edited December 3, 2019 by eddy2312

[geowrian 22,338]

2 minutes ago, eddy2312 said:

Isn't my time-line too short to request for a divorce waiver ?

because my interview should be in about 3 weeks from now jan/2020

You can request a waiver anytime, including at the interview. The challenge would be having the divorce finalized in the time period before the RFE requesting the final divorce decree expires.

[Going through 5,671]

I strongly suggest you do the divorce waiver (you can go to the interview by yourself and just request the waiver right there and then with the officer).

Don't put your immigration future in the hands of someone whom you're no longer in a loving relationship with.

[eddy2312 0]

what RFE would they need for a divorce waiver ?

 

[Going through 5,671]

5 minutes ago, eddy2312 said:

what RFE would they need for a divorce waiver ?

 

With a divorce waiver, they cannot approve you until the final divorce decree is submitted to USCIS.  Generally, they will send you a RFE for you to submit it later on after your interview.  The catch, is that you only are given a specific time-frame to respond to the RFE and send the divorce decree back to them.

 

If you can't get the final divorce decree in time to bide by the time limit in the RFE letter, then one option would be to refile the i-751.

 

Filing for divorce sooner rather than later would be ideal.

Edited December 4, 2019 by Going through