Conditional Green Cards: What Can I Do if My Spouse Won’t Go to my Green Card Interview?


The immigration process when it comes to sponsoring
your spouse is very much dependent on the cooperation of the US citizen or permanent
resident spouse. The most immediate consequence to your spouse not going to the green card
interview is that if you show up without your spouse, this is going to raise a lot of questions
for the immigration officer as to where your spouse is and whether you are really in a
real marriage, not just a legal one, but a bona fide relationship. The unfortunate consequence
if your spouse does not show up is the denial of your immigrant visa and your green card
case. You can either try to buy time or explain the reason for why your spouse didn’t show,
whether they were sick or couldn’t arrive because of work obligations, or other temporary
reason. If your spouse is just not cooperating, it is not going to show up anytime in the
future, even if the interview are reschedules the appointment, then showing up to interview
by yourself is going to result in the denial of your green card case anyway. If you get
advance notice that your spouse is not going to be able to attend the interview, you should
be able to reschedule the interview at least one time. This can buy you anywhere from fifteen
days in some district offices to sixty days, even ninety days in the larger offices, depending
on their current workload until you get a rescheduled interview. Some district offices
allow you to apply for a rescheduled interview without giving a specific reason or provide
evidence as to why the two of you cannot attend together. But other district offices request
that evidence from the beginning, so if you just trying to buy time, be careful. If you
don’t have a legitimate reason, it could be very difficult to reschedule the interview.
So what happens to your case if you just don’t show up at the interview at all because you
don’t think your spouse is going to show up? Then your case is going to be denied for what
CIS calls abandonment reasons – that you abandoned your petition because you didn’t show up for
the interview. It is always wise to consult an immigration attorney about what your options
are if you think that your spouse is never going to show up or cooperate fully in your
case. The immigration attorney may be able to find you time to help you figure out whether
another application may work in your favor. Know that if you approach the same lawyer
who represented you both in the immigrant visa based on your marriage and the adjustment
or green card petition, anything you tell that lawyer is not necessarily confidential
to your spouse. That lawyer representing both of you and you usually waive the confidentiality
when you first started the case. If that lawyer believes that you are going to do something
that will harm the interests of the other spouse, then your lawyer has to tell the other
spouse. So if you think there’s no way that your spouse is going to cooperate and go to
your green card interview, it is wise to consult with an attorney who has not represented you
both in the past so this way, your spouse doesn’t know or need to know what other immigration
options you are considering. That new lawyer may be able to save your existing green card
application that is attached to the immigrant visa based on your spouse’s sponsorship and
substitute a different type of immigrant visa petition to keep your adjustment or green
card case going with CIS. That way, there’s no lapse in your ability to work or ability
to travel outside the United States if possible and you keep your work permit and you keep
your advance parole. I am an expert in complex family-based immigration
cases and have a98 % approval rate for the past 12 years. I’m a nationally published
immigration author and frequent public speaker on immigration topics. I regularly train other
immigration lawyers on complicated marriage and family immigration cases for the American
Immigration Lawyers Association, Federal Bar Association and National Legal Education providers.
I represent clients all over the US, traveling to immigration interviews and deportation
proceedings. Visit our website: www.humanrightsattorney.com for more in-depth information and articles
on complex family immigration issues.




Comments
  1. none of my friends went with there husband's to interview. ? I have been told by several that I don't have go ?

  2. Fraud marriage. Not good. I would report it. Do what u can if you’re a victim. USCIS should have a proper document for reporting sham marriage. It seems like uscis doesn’t care about fake marriage cases . Most people get away with this .

  3. Great, thanks for the heads up, I won’t be going to anything until he pays me… so we are even. He can pay me to play along with this marriage OR pay for the divorce. Either way, life goes on!

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