QUESTION
What can I do if my husband is refusing to go ahead with the immigration paperwork?
Asked on Oct 18th, 2011 on Immigration - New York
More details to this question:
I came in the US with a K1 visa in December 2010. My husband and I got married on the 25 February 2011. We then filed for adjustment of status form I485 and we went for finger printing and was called for an interview on the 23rd September 2011. He refused to go but I went alone and they sent a letter requesting for documents that should be sent by Friday 21st October. He has refused to comply. I am 31 and he is 64. What can I do?
5 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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If you don't comply the case will be denied. Have you been to counseling with him? If you believe that you are subject to extreme abuse, including emotional and mental abuse, then you may qualify to self-petition under VAWA.
Answered on Oct 19th, 2011 at 2:28 PM
Assault Attorney serving Richardson, TX
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The age difference creates questions that make this a very difficult situation. See an immigration lawyer as soon as possible. This cannot be answered without more information.
Answered on Oct 19th, 2011 at 12:46 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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As long as you can show your marriage is not for immigration purposes, CIS may approve your i-485. The problem is that without his participation, CIS will question the bona fides of your marriage.
Answered on Oct 18th, 2011 at 10:06 PM
Noah A. Clements
If your marriage is genuine, and not one entered into for immigration benefits, you should definitely talk with an experienced immigration lawyer, particularly one with experience regarding the Violence Against Women Act in the immigration context. If a US citizen spouse refuses to participate in the adjustment process for a "bona fide" marriage as part of a pattern of psychological or other abuse, there may be options for the victim's spouse.
Answered on Oct 18th, 2011 at 6:18 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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You need to speak to an immigration attorney. Depending upon what country you are from you may qualify for asylum.
Answered on Oct 18th, 2011 at 5:51 PM