Didn't Go to My Wife's Interview

My wife and I separated after We filed for change of status on her 2 year green card, she called me to tell me she got a letter requesting an interview and she wanted me to go and pretend we were happy,

I informed her that since she had moved out and in with another guy that I wouldn't go to the interview, she hired a lawyer and they went to the interview together.

What would be her next move be with ICS and should I be worried about anything??

she is determined to stay here, and I feel I could get the short end of the stick

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Quoting jerseymike

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My wife and I separated after We filed for change of status on her 2 year green card, she called me to tell me she got a letter requesting an interview and she wanted me to go and pretend we were happy,

I informed her that since she had moved out and in with another guy that I wouldn't go to the interview, she hired a lawyer and they went to the interview together.

What would be her next move be with ICS and should I be worried about anything??

she is determined to stay here, and I feel I could get the short end of the stick

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Assuming that you filed form I-864, you could be on the short end of the stick.

If she - and her attorney - were able to establish that you both entered into a bona-fide marriage, you could be on the hook to support her.

Was that the basis of your question?

I'm asking I guess if I could get in trouble for not telling them about the separation, that I never filed a change of address,


her boyfriend offered me 10k to go, but I refused, he said he was gonna tell them I was trying to get money from her to go, if I didn't go.

I didn't go, should I be worried?

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Quoting jerseymike

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I'm asking I guess if I could get in trouble for not telling them about the separation, that I never filed a change of address,


her boyfriend offered me 10k to go, but I refused, he said he was gonna tell them I was trying to get money from her to go, if I didn't go.

I didn't go, should I be worried?

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Well, it IS your responsibility (and not hers, oddly enough) to inform them of a change of address. And yes, you would have done well to seek the advice of an attorney immediately to protect you.

What might be more troublesome is if you signed that I-864 and didn't withdraw the petition.

Since they've already had the interview, all you can really do is wait.

what would or could I be waiting for??, thats my question

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Quoting jerseymike

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what would or could I be waiting for??, thats my question

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Worst case scenario?

She is allowed to adjust status and becomes a permanent resident, you're penalized for not informing USCIS of the change of address, AND she sues you in court for support per the obligation outlined in the I-864.

Criminally, I don't think you have much to worry about. Civilly though - well, that's something of a different matter entirely.

Frankly, you should have filed for divorce and withdrew the petition. If you don't want to file for divorce, then you still have a responsibility to your spouse, regardless of whom she's living with at the moment.

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Quoting vegineer

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Frankly, you should have filed for divorce and withdrew the petition. If you don't want to file for divorce, then you still have a responsibility to your spouse, regardless of whom she's living with at the moment.

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Divorce doesn't negate the I-864 obligation.... ;)

Wouldn't that obligation be part of the settlement agreement in the divorce? Divorce agreements always address the conditions of spousal support (even if the statement is that there won't be any spousal support). Does the I-864 "trump" the divorce stipulation?

Yes, a sponsored immigrant can sue the ex for support under the I-864 even after the divorce is finalized.

Also, it's not accurate that every divorce decree addresses spousal support. In fact, most no-fault divorces don't even mention the issue.