Do I have to attend the interview?

Asked over 1 year ago - Newark, NJ

I sponsored my wife's green card application after we got married. Later the marriage did not work out because she had an affair. I planned to file for divorce soon. Now her interview date is coming. Am I legally obligated to attend the interview with her? I do not want to sponsor her application now. What should I do? Thanks!

Attorney answers (6)

  1. Dean P Murray

    Contributor Level 18

    4

    Lawyers agree

    Answered . You should go to the interview and advise USCIS that you are withdrawing your petition. They will assist you with that process.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You... more
  2. Irene Vaisman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I understand that you are the US citizen petitioner, correct? No, you do not have to go and if you no longer wish to sponsor, you can withdraw the I-130.

    Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a... more
  3. Asma Warsi Chaudry

    Contributor Level 12

    3

    Lawyers agree

    Answered . You are not obligated to assist her in her application for LPR or "greencard" status. I would not recommend that you attend the interview since the officer will be looking for proof that you have a bona fide marriage and that you continue to live together as husband and wife, which you cannot provide in good faith.

    The information you obtained at this site is not, nor is it intended to be, legal advice. You should consult an... more
  4. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . No such obligation. But you should be present there anyway on the date and time of the interview , with a letter addressed to USCIS withdrawing, effective immediately, the I-130 petition previously filed on your wife's behalf. No reasons need to be given. You sit separate from your wife, waiting for her name to be called by the officer in charge of her case, and as soon as that occurs, you stand up and hand the of offer the withdrawal letter by also explaining verbally that your withdrawal is effective immediate.y. The officer will thank you. You will then leave (but only after requesting that the officer sign and "date stamp" a copy of your letter). This will have the effect of immediately terminating your wife's AOS case. She will be asked to depart the US. Are you sure this is what you want?

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  5. Leonard Roy Boyer

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . You have no legal obligation to attend the interview. You can also file for divorce and withdraw your sponsorship right away. I recommend that you consult with a matrimonial attorney and file for divorce immediately. I agree with the advice given to you by my colleagues.

    Leonard R. Boyer, Esq. 201-.675-.5577. Please be advised that the answer above is only general in nature cannot be... more
  6. Yolanda Navarrete

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with the answers provided by my colleagues. You have more than one option.

    973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

21,982 answers this week

2,881 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

21,982 answers this week

2,881 attorneys answering