i-751 Short Notice Interview While Spouse Lives in Another State

[james9203 0]

Hello everybody!

 

My Spouse and I filed in late 2015. We received a RFE in October 2016 and now we are scheduled for an interview in the upcoming days. We initially submitted the following evidence:

 

- Photos of us with friends and family from the last three years
- Join tax documents of the last three years
- Joint lease renewal agreement
- Joint bank account documents
- Joint bank summary documents
- Joint utility billing documents
- Copy of ID cards showing common address
- Club membership with monthly statements with both our names

 

My spouse and I lived together from Fall 2013 to Winter 2016. For professional reasons I moved to California while she continued to live in New York. We received an interview notice yesterday in the mail. Believe it or not, it was dated from mid-February and the interview is already next week. It is an extremely short notice (pretty much a 4-day notice). 

I want to go by myself with a copy of all the evidence we have submitted so far. I intend to explain them the situation:

 

- (1) Our Marriage is bona fide as shows all the evidence listed above,
- (2) We lived together after I obtained my 2-year green card as shows all the evidence listed above,
- (3) We currently have a distance relationship for professional reasons,
- (4) We don't intend to divorce or get legally separated,
- (5) I am coming alone today because of both the short notice (4-day) and the distance

QUESTION 1: I would like to know if it is possible for me to actually have an interview without my spouse and whether or not it is possible to be approved with these conditions. 

QUESTION 2: If not, would you simply recommend me to reschedule so that my spouse can come. 

QUESTION 3: In this scenario, given that she still lives in another state (but intends to come sometime this year once I am more settled) do you think that we have any chance of getting approved? Again, our marriage is bona fide but we live separately not as a result of a rocky relationship but as a results of professional opportunities.

Thank you for your help.

[mindthegap 2,521]

As far as I am aware, if you filed jointly and she doesn't attend, it will be denied, unless you then add a divorce waiver, which obviously isn't applicable in your case.

 

4 days notice is utterly ridiculous and unreasonable. Even if you sent back a notice to defer it would be unlikely reach them in time.

Kick up a huge stink over it.

Edited February 26, 2017 by mindthegap

[Mollie09 1,543]

If you show up alone, you will be denied.

Odds are, if you try to send a letter to reschedule, they won't get it in time and will deny you as well.

I would do anything humanly possible for you both to be there. This is really important.