Spouse Refuses To Go To Our First Interview After 2 Years Marriage

10-31-2006, 05:08 PM

My husband has filed and signed all the documents for my adjustment of status(I-485, I130, I864).
We have received the citation for our FIRST interview.
We have been married for 2 year and 3 months.
My husband refuses to go to the interview, due to his own personal reasons (I believe he might be afraid of background checks or something like that or maybe because he does not like to be ask about his life, who knows!).
He has explain to me, that he is not withdrawing the petition, but he simply does not want to go to the interview. There is no way for me to make him change his mind.
My questions are:
1)What are my options? Should I go to the Interview by myself ? I have all the documentation needed to prove that my marriage is Bona Fide.
2) Because my husband is an alcoholic, I had to call several times the police on him. I have police records of it. I can also get affidavit from neighboors and even from his family, confirming that he has emotionally abuse me(one time he even tried to call immigration to get me deported. Of course, he only acts this way under the alcohol influence! now he is in alcoholic treatment). My questions are: Should I apply as Battered Spouse, just because he does not want to go to the interview??? Can I apply, right there at the Interview?????
Your help will be highly appreciated..

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posted via:
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10-31-2006, 06:54 PM

> My husband has filed and signed all the documents for my adjustment of
> status(I-485, I130, I864).
> We have received the citation for our FIRST interview.
> We have been married for 2 year and 3 months.
> My husband refuses to go to the interview, due to his own personal
> reasons (I believe he might be afraid of background checks or
> something like that or maybe because he does not like to be ask about
> his life, who knows!).
> He has explain to me, that he is not withdrawing the petition, but he
> simply does not want to go to the interview. There is no way for me to
> make him change his mind.
> My questions are:
> 1)What are my options? Should I go to the Interview by myself ? I have
> all the documentation needed to prove that my marriage is Bona Fide.
> 2) Because my husband is an alcoholic, I had to call several times
> the police on him. I have police records of it. I can also get
> affidavit from neighboors and even from his family, confirming that
> he has emotionally abuse me(one time he even tried to call
> immigration to get me deported. Of course, he only acts this way
> under the alcohol influence! now he is in alcoholic treatment). My
> questions are: Should I apply as Battered Spouse, just because he
> does not want to go to the interview??? Can I apply, right there at
> the Interview?????
> Your help will be highly appreciated..
>
> ---
> posted via:
> http://www.visaforyou.org/eng/

If you go by yourself, your application will be summarily denied. He
must accompany you... there is no option for him to be absent.

You are the only one who can answer the question of applying as a
battered spouse. I don't believe that him not going to the interview
will be interpreted as being emotionally abusive. While you can apply
under VAWA, I don't think you can do it at the interview.

If he continues to refuse to attend the interview, seek the advice of an
experienced immigration attorney... and follow up with an experienced
divorce attorney.

Ian

10-31-2006, 08:32 PM

> My husband has filed and signed all the documents for my adjustment of
> status(I-485, I130, I864).
> We have received the citation for our FIRST interview.
> We have been married for 2 year and 3 months.
> My husband refuses to go to the interview, due to his own personal
> reasons (I believe he might be afraid of background checks or
> something like that or maybe because he does not like to be ask about
> his life, who knows!).
> He has explain to me, that he is not withdrawing the petition, but he
> simply does not want to go to the interview. There is no way for me to
> make him change his mind.
> My questions are:
> 1)What are my options? Should I go to the Interview by myself ? I have
> all the documentation needed to prove that my marriage is Bona Fide.
> 2) Because my husband is an alcoholic, I had to call several times
> the police on him. I have police records of it. I can also get
> affidavit from neighboors and even from his family, confirming that
> he has emotionally abuse me(one time he even tried to call
> immigration to get me deported. Of course, he only acts this way
> under the alcohol influence! now he is in alcoholic treatment). My
> questions are: Should I apply as Battered Spouse, just because he
> does not want to go to the interview??? Can I apply, right there at
> the Interview?????
> Your help will be highly appreciated..

you have not adjusted status yet.
therefore the battered spouse does not apply, I believe (and I may be
wrong) that it only applies when divorcing as a CR6 after AOS

10-31-2006, 10:55 PM

> My husband has filed and signed all the documents for my adjustment of
> status(I-485, I130, I864).
> We have received the citation for our FIRST interview.
> We have been married for 2 year and 3 months.
> My husband refuses to go to the interview, due to his own personal
> reasons (I believe he might be afraid of background checks or
> something like that or maybe because he does not like to be ask about
> his life, who knows!).
> He has explain to me, that he is not withdrawing the petition, but he
> simply does not want to go to the interview. There is no way for me to
> make him change his mind.
> My questions are:
> 1)What are my options? Should I go to the Interview by myself ? I have
> all the documentation needed to prove that my marriage is Bona Fide.
> 2) Because my husband is an alcoholic, I had to call several times
> the police on him. I have police records of it. I can also get
> affidavit from neighboors and even from his family, confirming that
> he has emotionally abuse me(one time he even tried to call
> immigration to get me deported. Of course, he only acts this way
> under the alcohol influence! now he is in alcoholic treatment). My
> questions are: Should I apply as Battered Spouse, just because he
> does not want to go to the interview??? Can I apply, right there at
> the Interview?????
> Your help will be highly appreciated..

He signed your I-485? Why would he do that?

11-01-2006, 01:03 AM

> My husband has filed and signed all the documents for my adjustment of
> status(I-485, I130, I864).
> We have received the citation for our FIRST interview.
> We have been married for 2 year and 3 months.
> My husband refuses to go to the interview, due to his own personal
> reasons (I believe he might be afraid of background checks or
> something like that or maybe because he does not like to be ask about
> his life, who knows!).
> He has explain to me, that he is not withdrawing the petition, but he
> simply does not want to go to the interview. There is no way for me to
> make him change his mind.
> My questions are:
> 1)What are my options? Should I go to the Interview by myself ? I have
> all the documentation needed to prove that my marriage is Bona Fide.
> 2) Because my husband is an alcoholic, I had to call several times
> the police on him. I have police records of it. I can also get
> affidavit from neighboors and even from his family, confirming that
> he has emotionally abuse me(one time he even tried to call
> immigration to get me deported. Of course, he only acts this way
> under the alcohol influence! now he is in alcoholic treatment). My
> questions are: Should I apply as Battered Spouse, just because he
> does not want to go to the interview??? Can I apply, right there at
> the Interview?????
> Your help will be highly appreciated..

So your husband signed all the paperwork but refuses to go to the
interview . . .
. . . that doesn't add up, why would he sign the papers knowing he would
have to attend?

Removal of conditions is a very important process in enabling you to
remain together.

If someone forged their husbands signature, that would be a problem.

11-01-2006, 02:44 AM

He signed all the paper. No signature has been forged.
For some personal reason(probably because he is an alcoholic, also bipolar, he might be afraid or ashamed. I do not know exactly what goes through his mind) he does not want to attend to the interview. The sad part is that no matter how much I beg him to come with with me, he insists he will not.
I'm desperate and Frustrated about this. But definetively, I can not put a gun on his head and make him go to the interview..

---
posted via:
http://www.visaforyou.org/eng/

11-01-2006, 02:53 AM

> My husband has filed and signed all the documents for my adjustment of
> status(I-485, I130, I864).
> We have received the citation for our FIRST interview.
> We have been married for 2 year and 3 months.
> My husband refuses to go to the interview, due to his own personal
> reasons (I believe he might be afraid of background checks or
> something like that or maybe because he does not like to be ask about
> his life, who knows!).
> He has explain to me, that he is not withdrawing the petition, but he
> simply does not want to go to the interview. There is no way for me to
> make him change his mind.
> My questions are:
> 1)What are my options? Should I go to the Interview by myself ? I have
> all the documentation needed to prove that my marriage is Bona Fide.
> 2) Because my husband is an alcoholic, I had to call several times
> the police on him. I have police records of it. I can also get
> affidavit from neighboors and even from his family, confirming that
> he has emotionally abuse me(one time he even tried to call
> immigration to get me deported. Of course, he only acts this way
> under the alcohol influence! now he is in alcoholic treatment). My
> questions are: Should I apply as Battered Spouse, just because he
> does not want to go to the interview??? Can I apply, right there at
> the Interview?????
> Your help will be highly appreciated..

You said he is in treatment for alcoholism... does he have a sponsor
(from Alcoholics Anonymous) or a doctor/psychotherapist who you can talk
to, who can either help talk your husband into going to the interview or
who can write a note saying these are the problems your husband is
struggling with and that's why he can't come to the interview?

You won't get approved if he doesn't go with you, but if the choice is
between not going with him or not going at all, I would go without him.
At least that way you won't get denied for failing to appear. Get an
attorney to review your case beforehand and accompany you to the
interview.

11-01-2006, 03:02 AM

> you have not adjusted status yet.
> therefore the battered spouse does not apply, I believe (and I may be
> wrong) that it only applies when divorcing as a CR6 after AOS

Hmm. No I don't think that is correct. The I-360 provides relief to
aliens that find themselves in abusive situations. VAWA can and does
cover eligible aliens prior to adjustment of status.

11-01-2006, 03:07 AM

> So your husband signed all the paperwork but refuses to go to the
> interview . . .
> . . . that doesn't add up, why would he sign the papers knowing he
> would have to attend?
>
>
>
> Removal of conditions is a very important process in enabling you to
> remain together.
>
>
>
> If someone forged their husbands signature, that would be a problem.

I suppose, although I am not saying that it is in this case, there could
be people who would sign documents and then, later not attend an
interview. People change their minds.

11-01-2006, 04:59 AM

The Sponsor at the alcoholic program, is a good idea. Thanks.
Like you, i believe it is better to go to the interview, even if it is all by myself, than not going at all..

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