QUESTION
Applying for a green card through marriage but the spouse is working abroad as contractual in a company that serves in US military.
Asked on Apr 09th, 2016 on Immigration - Nevada
More details to this question:
I am foreign national with expired tourist visa. My boyfriend and I decided to get married in July and file a petition for green card for me. However, he is a contractual worker for a private company that works for US military. He will stay here in US for 2 weks in July. So, if we file for the petition, what is the possibilities it will be approved despite that he is working abroad and cannot show up for the interview. Is there any way it could be expedited coz he wants me to go and live with him abroad?
1 ANSWER
It is unlikely the petition would be approved if your spouse does not appear for an interview. Typically, USCIS requires both spouses to appear for an interview. There are exceptions for active duty military personnel deployed overseas who cannot, but your fiancé is not a member of the military. Your spouse should make an effort to appear for the interview. If he cannot appear for the interview, he will need to clearly establish why this is not possible. You can request processing be expedited but USCIS rarely exepedite a processing unless there is a significant humanitarian issue. You can read more about the process at http://myattorneyusa.com/family-immigration. I encourage you to work with an attorney in this situation.
Answered on Apr 11th, 2016 at 5:20 AM