Derek (Brit in Wisconsin)
10/08/2003 | Hi,
I am British,and my wife is a U.S. Citizen. My application to adjust status to Permanent Residency has gone very smoothly and my Employment Authorisation and Social Security # were issued in April this year. I am currently employed full-time. The Green Card Interview (in Milwaukee) will be due literally any day now.
Sadly,despite it being a genuine marriage with high hopes, it has soured badly and we will be divorcing. The marriage was last November by the way. I can very easily prove that this was NOT a sham marriage. I have masses of personal stuff (printed), documentary proof that taxes filed jointly this year; bank accounts, utilities, insurance, condominium ownership etc was/is in joint names. Could get affidavits from friends and family if necessary.
MY QUESTION. I have read enough to know that B.C.I.S. consider (and the Courts have upheld this) that it is whether the marriage was genuine at the time it was entered into that matters, not the state of it now, even if divorce proceedings have begun (they HAVEN'T). Have read too that one must be completely honest with B.C.I.S. at the interview and I intend to. My wife, whilst she is keen to blame me for the marriage failure (!), says that she REFUSES to accompany me to the interview.
What do I do? Inform BCIS before attending.Turn up alone but with all the documentary evidence.Some other approach.
By the way I understand that any Green Card issued to me would be a Conditional one for two years and that I would need to apply for the removal of the requirement to file jointly for removal of the "conditional" part and that a divorce would need to have been finalised by then (it will!). Its PURELY the matter of my wife refusing to attend the interview. Can BCIS legally insist (she is my sponsor after all)? Would they accept a notarised statement from her instead of a personal appearance?
Would appreciate any advice.
Many thanks
Derek in Wisconsin |
