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  • American husband did not attend interview.. what to expect?

    Asking this question for a friend. I'll explain the situation in short, and then in detail.

    Short: Friend (visa overstay) is adjusting status with her son (also visa overstay), but the American citizen husband moved out of the house days prior to the interview. They were a real couple, entered the marriage in good faith. They hadn't argued prior, he moved out without warning, and just texted that he wasn't happy. Friends attended their interview with the interpreter, and he still gave them a small interview. It's been a week and the status still shows "case is ready to be scheduled". What to expect?

    Long: My friend overstayed her tourist visa along with her son. She met an american citizen in 2013, and they fell in love. They moved in together in 2015 and got married in 2016. They applied for adjustment of status shortly after. The american citizen was very enthusiastic about filing, he wanted his wife to be able to work and travel with him, and he wanted his new stepson (age 17) to be able to attend college. They filed for adjustment of status. Well, about a month before the interview, she came home from work and all of his furniture was gone. She was completely shocked. He had just up and left. She sent numerous calls, texts, messages to him, to friends of his. He texted her the next day apologizing and said he just wasn't happy and hadn't been for a couple of months. She says he had mentioned that he wasn't happy, but she thought they had talked about it and were going to work things out. Other than that message, he never texted/called again. Friends of his said they hadn't heard from him, and he was not at his job or church either.

    She and her son made the decision to attend the interview with her photo albums of them and the wedding, and her documents of their lease and shared bank accounts. When they got there, they had an interpreter (they speak spanish), and the officer called them back. He asked where the husband was, and she told the interpreter in spanish that he wasn't feeling well. She used words in spanish that would be understood as emotionally, but the interpreter told the officer that he wasn't feeling good (whereas he understood that as being sick, not feeling good physically). He told them to have a seat in the waiting area, and he called them back again after about 30 minutes.

    When they went to the interview room, he asked again why her husband was not there. This time she said he wasn't happy with her, and had moved out a few weeks prior. He seemed upset and asked why she didn't say that at the door when he first asked, why did she say he was sick? She explained that it was a translation issue, and he seemed kind of annoyed. After that, he asked her to look at him when she talks because she had been speaking towards the interpreter. He asked if she knew why he would leave, if she's been in contact with him since he left, for his phone number, and details like that. She explained everything. He never asked to see photos or documents, and never asked anything about the applications (like the I-485 questions, and the G-325A info). Her son started to cry (He is now 19) and asked that if they cannot get in contact with him, then does that mean he wont have a chance at studying and building a future here? The officer replied "Don't get all upset, we haven't made a decision yet". He informed them that a decision will be mailed.


    So far, the interview was about a week ago, and the USCIS status still says "Case is ready to be scheduled" from June 2017. I would like to know what she should expect, if anyone knows? I don't think she would be approved, mostly because he did not ask the I-485 questions.

    Do you think she'll be denied, or maybe have to have a second interview? and how long would it take to make a decision? Any input is appreciated. Thank you.
    Last edited by katytony221; 10-30-2017, 02:37 PM.

  • #2
    Originally posted by katytony221 View Post
    Asking this question for a friend. I'll explain the situation in short, and then in detail.

    Short: Friend (visa overstay) is adjusting status with her son (also visa overstay), but the American citizen husband moved out of the house days prior to the interview. They were a real couple, entered the marriage in good faith. They hadn't argued prior, he moved out without warning, and just texted that he wasn't happy. Friends attended their interview with the interpreter, and he still gave them a small interview. It's been a week and the status still shows "case is ready to be scheduled". What to expect?

    Long: My friend overstayed her tourist visa along with her son. She met an american citizen in 2013, and they fell in love. They moved in together in 2015 and got married in 2016. They applied for adjustment of status shortly after. The american citizen was very enthusiastic about filing, he wanted his wife to be able to work and travel with him, and he wanted his new stepson (age 17) to be able to attend college. They filed for adjustment of status. Well, about a month before the interview, she came home from work and all of his furniture was gone. She was completely shocked. He had just up and left. She sent numerous calls, texts, messages to him, to friends of his. He texted her the next day apologizing and said he just wasn't happy and hadn't been for a couple of months. She says he had mentioned that he wasn't happy, but she thought they had talked about it and were going to work things out. Other than that message, he never texted/called again. Friends of his said they hadn't heard from him, and he was not at his job or church either.

    She and her son made the decision to attend the interview with her photo albums of them and the wedding, and her documents of their lease and shared bank accounts. When they got there, they had an interpreter (they speak spanish), and the officer called them back. He asked where the husband was, and she told the interpreter in spanish that he wasn't feeling well. She used words in spanish that would be understood as emotionally, but the interpreter told the officer that he wasn't feeling good (whereas he understood that as being sick, not feeling good physically). He told them to have a seat in the waiting area, and he called them back again after about 30 minutes.

    When they went to the interview room, he asked again why her husband was not there. This time she said he wasn't happy with her, and had moved out a few weeks prior. He seemed upset and asked why she didn't say that at the door when he first asked, why did she say he was sick? She explained that it was a translation issue, and he seemed kind of annoyed. After that, he asked her to look at him when she talks because she had been speaking towards the interpreter. He asked if she knew why he would leave, if she's been in contact with him since he left, for his phone number, and details like that. She explained everything. He never asked to see photos or documents, and never asked anything about the applications (like the I-485 questions, and the G-325A info). Her son started to cry (He is now 19) and asked that if they cannot get in contact with him, then does that mean he wont have a chance at studying and building a future here? The officer replied "Don't get all upset, we haven't made a decision yet". He informed them that a decision will be mailed.


    So far, the interview was about a week ago, and the USCIS status still says "Case is ready to be scheduled" from June 2017. I would like to know what she should expect, if anyone knows? I don't think she would be approved, mostly because he did not ask the I-485 questions.

    Do you think she'll be denied, or maybe have to have a second interview? and how long would it take to make a decision? Any input is appreciated. Thank you.
    Highly likely that the application will be denied. It is a requirement for both to attend. A second interview is only given if the first one was not to the satisfaction of the IO.

    Comment


    • #3
      Originally posted by mustang85635 View Post
      Highly likely that the application will be denied. It is a requirement for both to attend. A second interview is only given if the first one was not to the satisfaction of the IO.
      I would also think that, but then again why would he say not to get upset because a decision hasn't been made. Also, what happens if they get a letter in the mail saying it was denied in consideration that they overstayed their visa and are currently illegal?

      Comment


      • #4
        Originally posted by katytony221 View Post
        I would also think that, but then again why would he say not to get upset because a decision hasn't been made. Also, what happens if they get a letter in the mail saying it was denied in consideration that they overstayed their visa and are currently illegal?
        Very simple reason because he has back to back interviews and cant deal with people having a mental breakdowns in the office. Because he didnt take any proof of evidence and didnt ask the questions already points to intent to deny the application.
        Another possibility is that investigators will be sent out to speak to husband family and neighbours.

        Once application is denied the person would be in the country illegaly and liable for deportation.
        There is possibility to appeal but will just cause many more problems if USC is not going to FIGHT for the spouse.

        Comment


        • #5
          Will be denied unless they can find a way to get to another interview. Its to late now but why didnt she beg, cajole, threaten him to go to interview atleast?

          Comment


          • #6
            Originally posted by katytony221 View Post
            what happens if they get a letter in the mail saying it was denied in consideration that they overstayed their visa and are currently illegal?
            It will be followed by a notice for them to appear in immigration court to face removal proceedings

            Comment


            • #7
              Originally posted by azblk View Post
              Will be denied unless they can find a way to get to another interview. Its to late now but why didnt she beg, cajole, threaten him to go to interview atleast?
              Well, the only way to reach him was through text.

              Does anyone think there's a way to fight the situation with VAWA and a good lawyer?

              Comment


              • #8
                Originally posted by katytony221 View Post
                Does anyone think there's a way to fight the situation with VAWA and a good lawyer?
                VAWA is for battered spouses, not for jilted spouses

                Comment


                • #9
                  Originally posted by katytony221 View Post
                  Well, the only way to reach him was through text.

                  Does anyone think there's a way to fight the situation with VAWA and a good lawyer?
                  VAWA is for victims of abuse. Nothing here indicates she was abused. I know it is too late now but what your friend should have done is reschedule the interview and work on fixing her marriage. Now that interview is done, she has very few if any options left. She needs to talk with her husband and figure out why he is unhappy and how they can fix the problems. Maybe therapy will help. Maybe the husband felt he was just being used for green card. Basically she needs to work on her marriage if it can be fixed and then they can try again.

                  Comment


                  • #10
                    Can someone please help me with advice my interview is in 3 weeks my husband has been abusive to both me and the kids and we’ve worked things out over the few years with acs opening cases, March 2019 he was removed from the home then August he was authorized by the court to return home, during his return home he was in violation of his agreement and yesterday acs removed him out the home again. We’ve been married for almost 10 years with 5 kids what do you think I should do .

                    Comment


                    • #11
                      Originally posted by katytony221 View Post

                      Well, the only way to reach him was through text.

                      Does anyone think there's a way to fight the situation with VAWA and a good lawyer?
                      So the husband has basically cut them off. I’m sorry to say this but it appears whatever damage has been done. If he’s not even showing up at work or responding to friends then it’s really over.

                      Comment

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