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I-751 is in processing and wife is out of country

Austin, TX |

My wife went to India for a year or less for completing her bachelors, i have my I-751 filed for 5 months now, quite possible that i will get an interview call pretty soon, my status is still in initial review so should i call her back if i get the interview call or its ok since she is busy in school there. Are there any chances that my I-751 gets denied if she is not present

Attorney Answers 4

Posted

If you did the I-751 'correctly' and submitted 2+ years of bills, 5+ affidavits, etc. There won't be an interview .. just an approval.

But, if you two haven't filed joint taxes, have a joint residence ... there probably will be an interview ... you'll have 3-4 weeks advance notice ... enough time for her to fly to the US.

You should consider hiring a lawyer to discuss in private why she's going to school in India instead of the US.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Posted

Yes. Very good ones.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Posted

Given your special circumstances, you should probably hire an immigration attorney, especially if you receive an interview notice and your spouse will be unable to attend.

Angelique Montes, Esq., Immigration Attorney in Houston, Texas. This is not legal advice and a client-attorney relationship is not created. The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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3 lawyers agree

Posted

Consult with an experienced immigration attorney who has extensive experience handling I-751 petitions. Use Avvo to find an immigration attorney.

The information provided is intended for informational purposes only and should not substitute for the advice and counsel of an attorney. This information does not constitute legal advice. We ask that you consult with a lawyer, as your facts are unique and because each situation requires analysis from many different perspectives. We cannot be responsible if you rely on information based on this website without the consultation of an attorney.

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