USCIS Interview confusion

[Robert Bateman 0]

A good friend of mine and I were talking this morning. He's married to a Ukrainian who lives in Canada with Refugee status. Currently, because of a paperwork problem, she hasn't gotten here passport from Canada so that she can travel outside of Canada (She filed the wrong form to the government and has to refile.)

Yesterday, my friend received a letter from USCIS that says he and his wife have to show up next Tuesday for the customary "interview" here in the US. Except there's a problem, she can't cross the border to come to the interview because she doesn't have a passport.

From everything I've read, USCIS says it's mandatory for the Wife to attend. The problem is, she has no passport - so how can she cross the border? I suspect the Interview letter is NOT sufficient for her to use as an instrument at the border - or am i wrong?

Anyone have any thoughts?

Robert

[JFH 12,195]

What visa path are they on? And at what stage? For spousal visas where the spouse is overseas the interviews are done at the local embassy where the spouse is lawfully present and you are usually given a bit more notice. Surely a Ukrainian national needs a visa to enter the USA for all purposes. Even with a passport, how was she supposed to cross the border? Or does she have Canadian citizenship also?

[Robert Bateman 0]

I'm not totally certain which path they are on. I had thought it might be a K-3, but... She's in Canada, so it's probably IR-1 / CR-1.

You mentioned how she should be interviewed in the country of her lawful residence, which is Canada - I had thought the same thing, as had my friend. But the document from ICE says he and SHE are to show up at the local ICE office for an interview. It seems like ICE *thinks* the wife is already in the US.

My friend called the number on the notice and asked how she's to show up if she's not in country. His comment was that the person on the other end of the call seemed to be reading from a script - saying the wife was required to attend the interview.

The wife has "refugee" status in Canada. I know they've been working on her getting papers there, but that's not yet complete.

Robert

[Transborderwife 4,666]

Ice? They're the ones who remove people

[JFH 12,195]

Exactly. ICE deport illegal immigrants and foreign criminals. That's when they get involved. Has she previously overstayed? Do they think she is still there illegally? Something's not right here.

[NikLR 13,234]

Obviously he should attend this interview alone and state that she is living in Canada on a refugee status. Also refugee status is not citizenship so I'm REALLY unsure why she would get a Canadian passport. Just like in the USA only Canadian citizens can get a Canadian passport. It's more likely she needs a refugee travel document...http://www.cic.gc.ca/english/helpcentre/answer.asp?q=610&t=11

Sometimes the USC is called in for an interview by the USCIS local office and it will state that the spouse should attend. However, when the USC shows up alone and says their spouse doesn't live in the country, I have yet to read on VJ that this is a problem. Keep in mind this is the USCIS not ICE.

Edited January 31, 2016 by NLR