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Conditional Green Card Interview with No Spouse

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  • 05-23-2013, 02:54 AM
    dstone
    Conditional Green Card Interview with No Spouse
    This is on behalf of a fellow immigrant friend with a rather interesting case:

    My friend married his wife (USC) 3 1/2 years ago. His USCIS interview was successful, but they never received his conditional GC. He never actually got the card due to mailbox issue (never changed his address, simply failed delivery) and he never re-applied for a renewal. USCIS was notified for the loss, and subsequently his passport was "red stamped" - unsure of what this actually is.

    90 days before the second anniversary, he applies for removal of the conditions of his residence (marriage) and subsequently he receives a letter explaining that USCIS has a large application backlog and processing time will take at least 7 months. His GC (still nonexistent) have been extended for an additional year. Fast forward to APR 2013, he receives a biometric appointment in May. A month later - date for an interview is set for mid June. Here comes the fun part. Sometime last week (beginning of MAY), his wife abruptly leaves him and no longer wants to be part of the marriage. She hasn't been taking his calls since and he suspects she is in a relationship with another man/woman!?

    So, in short, his interview for removal of conditions is in less than three weeks away. His wife is nowhere to be found, and it's looking like she does not want to go to the interview. What are his options?
    Can he postpone the interview until situation with his wife is resolved?
    How long can he postpone for?
    If he postpones, his GC extension will expire. Will USCIS take removal proceedings actions.
    If they end up in a divorce, that may take moths/years (CA). Will USCIS honor/wait for that long before his permanent residence is revoked? What's next for him?

    Any advice is insanely appreciated!
  • 05-25-2013, 11:34 PM
    Mr. Knowitall
    Re: Conditional Green Card Interview with No Spouse
    It's time for him to retain an immigration lawyer.
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