If your spouse, who is a U.S. citizen, is refusing to attend your initial green card interview with U.S. Citizenship and Immigration Services, you may be feeling nervous and afraid. Both you and your spouse must attend this marriage-based interview and, if your spouse is not being cooperative, this could put the entire process at risk. Continue reading to learn what you can do under these circumstances.
What to Do Next
In many cases, the refusal of a partner to attend a green card interview is part of a bigger picture of control and abuse. It is possible for beneficiaries in abusive relationships to qualify for another kind of petition, known as the VAWA (Violence Against Women Act) self-petition. For example, if your spouse was ever abusive toward you, whether that involved threats of violence, physical harm, manipulation, or belittling, this type of petition may be an option for you.
The VAWA self-petition is not only for women. Even men who are in abusive relationships may qualify. That said, regardless of gender, there are some requirements you must meet.
You will need the evidence to demonstrate that you meet the following requirements:
- You married your spouse in good faith and with the intention to share a life together
- Your abuser is a U.S. citizen or is a green card holder
- You lived with your spouse at some point during the marriage
- You, the applicant, have good moral character
Additionally, the USCIS will have to be informed of this filing, and your green card application will be held in abeyance. After your VAWA is adjudicated, your application can continue to move forward. Due to the nature of this situation, the abusive spouse will not be informed of the VAWA filing.
Speak to Our Experienced Immigration Attorney During a Free Case Review Today!
If you are dealing with an abusive and uncooperative spouse who is making the green card process impossible, the legal team at the Law Offices of Joyce Komanapalli Jones can provide the guidance and you need to overcome the obstacles you are facing. Backed by more than 15 years of experience and a history of successful results, you can feel confident in our ability to help you.
Reach out to our law office today at (949) 264-0323 to schedule a free initial consultation with our attorney to get started on your case and learn more about what we can do for you!