If I’m an immigrant on a K1 visa and have an interview withINCIS within 2 weeks, what are my options ifmy wife is refusing to go with me?

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If I’m an immigrant on a K1 visa and have an interview withINCIS within 2 weeks, what are my options ifmy wife is refusing to go with me?

I came with a 2 year green card. It expired and I got a 1 year extension. I applied for the 10 year, got an appointment and now my wife is refusing to go.

Asked on November 17, 2011 under Immigration Law, Tennessee

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Why is your wife refusing to go?  Is the marriage no longer bona fide?  If that is the case, or if you are simply working through some problems, I would strongly suggest that you try to reschedule the USCIS interview so that you have some additional time to discuss this with your spouse.  If you determine that the marriage is no longer viable and you will divorce, you will still be able to apply for the removal of the conditional status on your own, as long as you can sufficiently prove that the marriage was not entered into for immigration purposes but was bona fide from the time it was entered into and through its termination.


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