Combo interview i-751 and N-400. US spouse can not attend

[Olga88 84]

I got my interview scheduled for both cases but my husband is federal employee and works for the department of army and will be deployed before the interview. What should i do? I tried to call uscis but no luck

[Crazy Cat 46,095]

https://www.uscis.gov/policy-manual/volume-6-part-i-chapter-3

 

I think I would go to the interview and show good cause for US spouse's absence.  The officer can decide then to approve the I-751 and waive the interview.  I would make sure I had a copy of the deployment orders as well as other evidence needed for the joint I-751 (paper trial showing you are still in a bona fide marriage and a paper trail showing you have lived together since filing the ROC paperwork).

 

See this section below:  If the required party or parties fail to appear for the interview, USCIS denies the Form I-751, terminates the CPR’s status, and initiates removal proceedings, unless the CPR establishes good cause for the failure to appear and USCIS reschedules the interview.^[45] USCIS determines whether there is good cause on a case-by-case basis.

G. Interview

CPRs who file a Form I-751 must appear for an interview at a USCIS field office, unless USCIS waives the interview requirement.^[42] USCIS officers may consider waiving the interview in cases where:

• The officer considers they can make a decision on the petition based on the record because the record contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into for the purpose of evading the immigration laws of the United States;
• There is sufficient evidence in the record of the CPR’s eligibility for waiver of the joint filing requirement, if applicable;
• There is no indication of fraud or misrepresentation on the Form I-751, in the supporting documentation, or elsewhere in the record;
• There are no complex facts or issues that require an interview or sworn statement to resolve questions or concerns; and
• There are no criminal bars rendering the CPR removable.

When determining whether to waive an interview, the considerations listed above apply regardless of whether the Form I-751 is filed as a joint petition, individual filing request, or a waiver. For a joint petition, the statute requires USCIS to interview both the CPR and petitioning spouse.^[43] If the CPR is filing an individual filing request or waiver, only the CPR must appear for the interview.^[44]

If the required party or parties fail to appear for the interview, USCIS denies the Form I-751, terminates the CPR’s status, and initiates removal proceedings, unless the CPR establishes good cause for the failure to appear and USCIS reschedules the interview.^[45] USCIS determines whether there is good cause on a case-by-case basis.

[Verrou 1,979]

Be prepared for anything. A friend of mine with a similar situation (I-751 combo with N-400) had trouble at the USCIS office in Jacksonville, FL back in 2022. The security officers wouldn’t let her in, even though she brought her spouse’s deployment orders, he was stationed in Korea at the time. She begged and cried, but the security wouldn’t budge.

 

Fortunately, an immigration officer happened to walk by, asked what was going on, and told the security to let her in. He ended up being the officer who interviewed her. During the interview, he mentioned that he had once been deployed to Korea himself, so he understood her situation. After the interview, he rushed her case so she could take the oath ceremony the same day. She was the last person to walk in.

 

So if they don’t let you in, demand to speak with a supervisor. Good luck!

[Crazy Cat 46,095]

11 minutes ago, Verrou said:

So if they don’t let you in, demand to speak with a supervisor.

Good point, @Verrou !!!!