I need help! My spouse won’t go to our marriage interview with USCIS!

This situation is unfortunately a frequent occurrence. The facts of each case are unique, but they all start in a similar manner. The client reaches out to us, frantically explaining that their spouse refuses to attend their marriage-based interview for their green card. For purposes of these, both the petitioner and beneficiary must attend the interview. However, not everything may be lost if the petitioner refuses to attend.

We have found that many times the petitioner’s refusal to attend the interview is part of a pattern of abuse that has other signs. These actions and behaviors may include not only physical abuse, but also emotional, psychological, financial, and verbal abuse, among others. If this is the case, VAWA could be an option.

In this context, the beneficiary must show the following:

• • They married the spouse in good faith and with the intention to form a life together;
  • They have good moral character;
  • They lived with the abusive spouse at some point during the marriage; and
  • The beneficiary suffered physical battery or extreme cruelty at the hands of the abuser (which may include all different forms of abuse, as mentioned above).

If this is your situation, please consider contacting an immigration attorney with experience in VAWA. You can read more about this process here.

Schedule a Consultation

For a dedicated one-on-one consultation with an attorney, click on the button below to schedule an appointment.