QUESTION
Can I apply for adjustment of status without my spouse?
Asked on Apr 04th, 2013 on Immigration - California
More details to this question:
I obtained my green card through marriage. I recently applied for removal of condition and I recieved a date for an interview but my husband refused to come with me because of a prior argument we had which resulted in him moving out. I went to the interview without him but the officer said I couldn't be interviewed because my spouse was not there. Which resulted in my application being denied. I don't know what to do. Please help.
10 ANSWERS
If you are still married and the marriage is bona fide, you can get a new appointment. If you are not married any longer, you will need to apply again on your own and ask for a waiver of the joint filing.
Answered on Apr 10th, 2013 at 1:18 AM
Adebola O. Asekun
Your I-751 application will be denied. Since it was filed jointly with your husband, his presence at the interview is mandatory. CIS will likely send you a notice of termination of your temporary green card and your deportation proceedings may follow. If you can reconcile with your husband, you may either file a motion to reopen your denied I-751. But if your relationship with your husband has completely broken down, you will re-file a new I-751 with a request to excuse the joint filing. Do not attempt to do this on your own, but instead speak to an experienced immigration attorney, Do so right away. Before ICE serves you deportation papers.
Answered on Apr 05th, 2013 at 12:08 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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You need to hire an immigration attorney. If you get divorced, you can re-open the denial or renew it before an immigration judge.
Answered on Apr 05th, 2013 at 1:04 AM
It seems that you will have to divorce first before filing, again, but this time on your own. However, more information is needed.
Answered on Apr 05th, 2013 at 12:26 AM
You need to talk with an Immigration Attorney as soon as possible to appeal the denial if possible. Your chances of success depend on facts involved with your case. This is the best time to appeal it otherwise you will have to fight it in Immigration Court after you receive a Notice to Appear.
Answered on Apr 05th, 2013 at 12:22 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You can file for divorce and apply on your own.
Answered on Apr 05th, 2013 at 12:22 AM
You either have to divorce your husband and re-apply or apply by yourself based on abuse, if there are facts supporting it.
Answered on Apr 05th, 2013 at 12:20 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You can request a waiver based on hardship if your husband is unwilling to help you. You will need to submit lots of documentation that you would suffer extreme hardship if your application was to be denied, leading to removal from the United States. The waiver is also filed on form I-751. If you were to terminate your marriage, you can also request a waiver based on the fact that you were married in good faith but that your marriage ended in divorce. You will need to submit documentation from the inception of your relationship up until the time that you were separated to prove that you were in deed married in good faith.
Answered on Apr 05th, 2013 at 12:16 AM
Bruce A. Coane
Generally, if you want to keep your green card, you'd have to re-file with your husband, or, get a divorce then file an I-751 waiver case without him.
Answered on Apr 05th, 2013 at 12:15 AM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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If you are getting a divorce you will have to re apply on your own after getting a divorce.
Answered on Apr 05th, 2013 at 12:13 AM