Going to Interview without my wife - USC

[rora2006 0]

Hello All,

I need your help / input urgently: WHAT WILL YOU DO ?

I received a leeter from USCIS that my case has relocated to my local field office. However, for the past two months I have been seriously considering divorce.

I have been married for more than 3 yrs February, 2012 will make 4years. My wife has a drug problem, she is on probation, violated her probation several times. I have ben living with this ordeal for past 3 yrs. She leaves the house any time we have an arguement about her drug abuse. I do make attempt to search her bag for drugs sometimes... that is another FIGHT. When she leaves like that she stays away sometimes 2 days or more to calm down before coming back home.

She has left since last three months, just phone calls sometimes when she need money, I am REALLY TIRED as this stress has almost cost me my job because my mind is always on her, considering the fact that drugs can be found in our house or in my car one day.

I started attending therapy session for the past 4 weeks so that I get another perspective of what I am thinking of (DIVORCE or Stay married..... because I love

I want to attend the interview alone, but we are not divorce yet, how can I approach this issue?

What should I do ..... Please share your experience or give inputs that will help understand what are my options....

Thank you so much for your help.

[sachinky 465]

If you are filing for ROC jointly and you have been called for an interview, your USC spouse must be present unless it is a medical emergency (i.e. she is in a coma in a hospital) or is under military deployment.

[deidre 13]

Hi rora, if i were in your position... i would attend the interview myself. I would not tell uscis about the issue on the basis that you are separated and you want to work things out. (Who knows....you may actually get back together with her by the time the interview comes, so it will then not have been needed to tell uscis!).

If you end up going to the interview and looks like you will be by yourself, i would then tell the IO the truth and explain your situation ...bring all your supporting documents from the therapy sessions, police reports on her, etc. I believe the IO will them be able to advise you on what you would need to do moving forward.

Again, this is what i would do if i were to be in your shoes. (ive usc hubby and i are still waiting for our approval... we are may filers).

[JeremyR 8]

Hi rora, if i were in your position... i would attend the interview myself.

I really don't think you should do this.

I happen to have an RoC interview notice in my hands that I received today and it's absolutely crystal clear what about who is required to attend:

If your eligibility was based on a petitioning relative (spouse, parent, sibling) they must appear for the interview.

The emphasis is mine. To the best of my knowledge, your eligibility is based on what box you checked on the I-751 when you filled it out and signed it together, not what your situation is now. If you filed jointly and it's even remotely possible, I think you should go with your wife, be honest with the IO conducting the interview and then let them decide how they want to proceed. Take as much evidence of good-faith marriage as you possibly can. It's surely less risky than turning up alone and risking being turned away for not following the instructions on the notice.

AFAIK, there's no grounds for a conditional resident who is separated but still legally married to remove conditions on their own?

FWIW, somebody in the February filer's thread found themselves in a similar uncomfortable situation to yourself. He attended his interview with his wife, they were honest with the IO and he was eventually (after a delay of a few months), approved. Start reading here, then here and finally here. Honesty is the best policy.

[mr and mrs 187]

you may get some more informed responses (not to say that the above two were not!) in the 'effects of major change' forum. in fact, a mod may move this topic there.

good luck to you. sounds like you have made a real effort but also know that you need to draw some boundary lines.

[mr and mrs 187]

or our jeremy will just post a great response right here! (nice post, j.)

[deidre 13]

Cool cool i get that :-) but.... what if your usc spouse ran off and no matter what you could say to them, they still did not want to attend...?? ....just thinking out aloud...

[sachinky 465]

Cool cool i get that :-) but.... what if your usc spouse ran off and no matter what you could say to them, they still did not want to attend...?? ....just thinking out aloud...

If the above described scenario were true, then you wouldn't be filing for ROC jointly, claiming that you are a happily married couple in a bonafide relationship, would you? You'd have to obtain a divorce (claiming abandonment/absent spouse or whatever) and file with a waiver.

Edited October 31, 2011 by sachinky

[JeremyR 8]

Cool cool i get that :-) but.... what if your usc spouse ran off and no matter what you could say to them, they still did not want to attend...?? ....just thinking out aloud...

If the OP really can't get their spouse to come, well then there's not ultimately much they can do but turn up alone... But if it can be in any way avoided, that's got to be the best course of action. The OPs spouse doesn't have to turn up and lie to the officer, they just have to be honest and let the IO decide what to do next. Splitting up isn't a grounds for denial of RoC so long as you can show it wasn't a marriage for immigration purposes and was entered into in good faith but people who split up between filing RoC and approval fall through a crack and don't meet any of the filing categories, so it comes down to the IO's judgement to deal with if they happen to be called for interview. That judgement is going to happen whether the USC spouse turns up or not but if they can hear from both parties that it just didn't work out, that's surely got to work in the applicant's favour?

Right from the very beginning of the fiancé(e)/spousal visa process, the golden rule has been to follow USCIS' instructions to the letter. If the interview notice demands that the USC spouse attends, they should unless it's a matter of life and death (and you have documentation to prove it ).