AOS interview alone?

[MsYou]

Married to a USC since Oct 2018, only few months after we were having issues and even went to counseling (individial but same counselor) as he said we need to fix each issues before we can fix the marriage. He’s been treating me however he wants to treat me depending on his moods. It has been a stressful months with him but I endured coz I wanted the marriage to work and I truly loved him. The way he treated me worsens. Last June, he told me filed for divorce, and I have no schedule for interview yet. So I asked him what’s gonna happen to me. He said it’s up to him if he will want to go to interview or not. That he can even call the USCIS and revoke his petition. And then that same night he decided that he will go to interview with me IN ONE CONDITION, that I should take all my things and not show up in the house ( which i share rent with him that those whole times we were together and I was in the least too). I followed him just to not piss him off more and cause him to revoke his petition. Then less than a month he informed me that HE WILL NOT GO TO INTERVIEW TO PROTECT HIMSELF COZ OUR MARRIAGE IS NO LONGER BONAFIDE SINCE WE DONT LIVE TOGETHER AND HE SAID THE DIVORCE HAS BEEN PREPARED (But up to now I have not served yet). I felt like I was tricked to leave the house and now he’s got his way if getting rid of me and his obligation in all this petition process.

Now I have the interview schedule. I have asked a lawyer and he suggested I go with VAWA. But my work permit and travel permit will just be terminated. I was thinking if I could still go to intervie alone and try my luck in proving that it was a bonafide marriage. And if they will deny it, I was thinking of continuing with VAWA case. I am so confused right now. I emailed the lawyer but they seem to be so slow in responding. Can anyone here enlighten me? esp those who have the same case as mine? thank you

[azblk]

Sorry for your situation but the lawyer is correct. If you go to the interview on your own your case will be denied. The io will not approve you when your marriage is in the process of failing even if it was bonafide. If you marriage has broken down beyond repair then VAWA maybe your only option.

[MsYou]

Thank you for the response. Will I still get a work permit and travel permit also with VAWA?

[azblk]

Thank you for the response. Will I still get a work permit and travel permit also with VAWA?

Yes you have to file for it concurrently like you did your pending AOS except you have to file a i-360 instead of i-130. You also have to include evidence of the abuse on which you are basing your VAWA. VAWA normally takes a very long time and it is very difficult to get. I would advice you to use a lawyer that has done it successfully before.

[nwalsh]

I have a vawa, but i received a letter stating that my i-485 case was denied since we did not show up for a marriage-based interview because my husband I got separated and I had applied for vawa before my marriage-based interview date now i received another letter that says that my EAD no longer exists since my i-485 got denied and i have 33 days to leave the country. I even received my VAWA receipt notice that they have received everything. Is this just a formal letter that they send to everybody OR do they not see that I have a VAWA? and is it possible that my EAD got automatically revoked ?

[mindrd]

I have a vawa, but i received a letter stating that my i-485 case was denied since we did not show up for a marriage-based interview because my husband I got separated and I had applied for vawa before my marriage-based interview date now i received another letter that says that my EAD no longer exists since my i-485 got denied and i have 33 days to leave the country. I even received my VAWA receipt notice that they have received everything. Is this just a formal letter that they send to everybody OR do they not see that I have a VAWA? and is it possible that my EAD got automatically revoked ?

The 33 days warning is just a formal letter. you technically do not have status now, but in the event you go to court, they will probably just postpone it pending the outcome of the VAWA case.

[Norah]

Did you use a lawyer for your vawa case, your lawyer would have put a hold with USCIS on your I-485 pending your vawa decision that way you don’t loose your EAD status, so now get a lawyer ASAP he will guide you