I have unusual case. Currently I am:



1. Under deportation proceeding
2. Married to US citizen
3. Have an approved I-130
4. Have sent an I-485 change of status along with I-765 (work permit)
5. Have done fingerprinting for work permit.
6. Have filed for termination of deportation proceeding based on the above submission
7. Have NOT had an interview



Now the problem is that my wife is continuously threatening of divorce whenever we have arguments, she use this process as leverage whenever she does not get what she wants. Her latest stance is her refusal to go to the interview when the date comes.



My question is what would be the consequences if she does not go to the interview. The Advice I have received so far is that as long as the marriage that we entered in was in good faith, which is the case, I can proceed. We have been married for 4 years together for 5 years.



Thank you for time and advice.



Badre H.

Just stay in the marriage until approval of I485, just do it, because if you divorce USCIS will denied your adjustment of status and deport you

Are you in deportation proceedings now? If so, the IJ has jurisdiction over your case, not the USCIS. The same is true if you were previously in deportation proceedings and you either FTA or were ordered deported in absentia. Did you disclose this deportation on your I-485? Generally speaking, you need to get the I-130 approved first as a defense to the deportation in immigration court.

Regarding your marriage, divorce and its affect on your PR. If you get divorced before the AOS interview, the USCIS, generally, cannot approve your PR. There are limited exceptions involving the death of a petitioning spouse and spousal abuse, but these are not common.

I respectfully disagree with the advice you got regarding the good faith marriage. The PR is based on marriage to a USC; not a divorce from a good faith marriage. Consult with an experienced immigration attorney, especially regarding the deportation.

Agree with NYcityboy...