Legal Question in Immigration Law in Florida

what happens if you dont attend for I 751 Interview?

Im a Us citizen, and my wife is a condition greencard holder, we have a child togther born in US and I have applied for I 751 for my wife, but we have decided to settle permanently in my wifes country my wife and child are going first and later some years I will go and settle with them? so in the event of the situation if my wife gets interview for I 751 and if I say USCIS that this is our planning... what happens? will my wife will be in trouble for not attending interview? we are living happily in the marriage , we are not divorce thereis no problem in marriage only we all want to settle in her country. Does she inform USCIS through letter that we are permanenetly settlng in other country.Incase in future if she wants to come to USA will it affect? I and my child are US citizens we dont have any problem in travelling what about my wife? please help me


Asked on 12/16/07, 11:01 am

1 Answer from Attorneys
Margaret Ioannides Law Office of Margaret Ioannides

Re: what happens if you dont attend for I 751 Interview?

Proceeding as you're planning, could likely result in a denial of the I-751 application and even a finding of abandonment of your wife's permanent resident status in the USA. This means she would no longer be considered a permanent resident, and if she wanted to re-enter the USA in the future would have to either re-start the entire "green card" process or try and find another nonimmigrant visa status to enter the USA. As a green card holder/permanent resident, she must demonstrate to USCIS her intent to remain permanently/live in the USA. There are legal immigration safeguards available to your wife to put her in a better position of retaining her permanent resident status and avoiding a finding of abandonment. Feel free to contact me so we can discuss further.

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Answered on 12/17/07, 2:48 pm


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