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Do I have to attend the interview?

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. 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 client attorney relationship is not created. For a free consultation call (646) 253-0516.


  2. 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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. 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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  4. 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 attorney for advice regarding your individual situation. Asma Chaudry invites you to contact her directly and welcomes your calls, letters and electronic mail. Contacting Asma Chaudry does not create an attorney-client relationship. Please do not send any confidential information to her until such time as an attorney-client relationship has been established. asma@asmachaudry.com (732) 662-4125


  5. 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 should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.


  6. 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 on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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