can you still obtain legal status if your spouse does not show to the interview?

UPDATED: Oct 1, 2022

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can you still obtain legal status if your spouse does not show to the interview?

my father got naturalized by marrying someone other my mother, then married my
mother in order for her to become naturalized. He did not show up to the
interview due to the fact that he is abusive and wants to divorce her. She had
received her temporary residency and now is afraid of getting deported and my
13yo sister ending up in my fathers custody. What steps could she take in order
to get some form of status?

Asked on March 19, 2018 under Immigration Law, Virginia


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Is the marriage legitimate or not?  Did he first get divorced in order to get married to your mother or was he still married to the other woman?  If he did not appear for the interview, chances are that your mother's application would be denied, even if the marriage was legitimate.  Obviously, if the marriage is not legal because he was not divorced prior to marrying your mom, her petition would be denied regardless of whether he showed up for the interview or not.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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