Q: Must I attend the marriage interview, if my divorce with the USC spouse is final and I have filed VAWA due to abuse.
USCIS has just scheduled us for an interview for forms i130 & i1485 based on the prior marriage. However, I have self petitioned myself for VAWA (i-360, i485 & i-765) due to the incessant abuse in the marriage, which led to the eventual divorce 3 months ago. Am I supposed to go for the interview without my ex-spouse , moreso, I did not keep the previous i485 in abeyance, due to divorce? Divorce has been finalized, and I have a pending VAWA application with new i485?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In your situation, you likely do not need to attend the marriage interview scheduled based on your prior marriage and the I-130/I-485 filed by your ex-spouse. Since your divorce has been finalized and you have filed a VAWA (Violence Against Women Act) self-petition (I-360) along with a new I-485 and I-765 based on the abuse you suffered, your immigration case now rests on the VAWA petition.
Here are the steps you should consider taking:
1. Inform USCIS: Contact USCIS and explain that you have filed a VAWA self-petition due to the abuse in your marriage, and that your divorce has been finalized. Request that they cancel the scheduled interview based on your prior marriage.
2. Provide documentation: Submit a copy of your divorce decree and evidence of your pending VAWA case to USCIS to support your request to cancel the interview.
3. Consult with an attorney: It is highly recommended that you consult with an experienced immigration attorney who specializes in VAWA cases. They can provide guidance on how to proceed and communicate with USCIS on your behalf.
4. Attend the interview only if required: If USCIS insists that you attend the interview despite your divorce and pending VAWA case, consult with your attorney on how to proceed. In such a case, you may need to attend the interview to explain your situation in person.
Remember, your VAWA self-petition is a separate process from your prior marriage-based petition, and it should be the basis for your immigration case moving forward. Focus on providing USCIS with the necessary information and documentation to support your VAWA case.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
