Plainsboro, NJ asked in Family Law and Immigration Law for New Jersey

Q: If USC refuses to go the i751 interview?

ONLY FOR IMMIGRATION LAWYERS

My USC husband might refuse to go the interview because we filed jointly but he has been cheating that I found out about later. I confronted him but a few months ago when I confronted again he got mad and said he will divorce me soon. Didn't do anything its been two months. If the interview happens (Cr1 visa so never interviewed here in the US), if he refuses to go and even if he goes, I can't trust him, what happens then? What can I do if the interview happens? because at this point I am hoping to not get an interview. I am not ready for a divorce considering it's my second marriage. He threatened but never really filed. Also, can he withdraw from i751 with a divorce certificate? How would I know if he did?

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4 Lawyer Answers
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
Answered
  • Immigration Law Lawyer
  • Philadelphia, PA

A: Hello, sorry to heat about your situation.

There is so much happening based on what you have indicated that it would be best if you found a lawyer to talk with. The USC can't be forced to go to the 751 interview and if he divorces you and sends the decree to USCIS the application is dead. They would advise you. Instead of waiting to see what he does, get some detailed advice as you may have other options such as filing alone based on abuse etc.

Justia has a lawyer directory and AILA also has one. Good luck

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: If your United States citizen refuses to attend the interview to remove the condition on your lawful permanent residency then that case will be denied and you may be placed in the removal proceedings it’s a typical situation and that happens more frequently than it should.

Kyndra L Mulder
Kyndra L Mulder
PREMIUM
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: You have a few options and I suggest you seek the counsel of an experienced immigration attorney in private to discuss those options.

Richard Diamond
Richard Diamond
Answered
  • Millburn, NJ
  • Licensed in New Jersey

A: This issue is better addressed by an immigration attorney. The laws and regulations governing immigration into this country have changed significantly in the past year or so and an immigration lawyer able to answer your questions.

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