Must US Spouse Attend Interview at US Consulate

[ASPCA Fan 0]

Hi, we went through this entire process, and I attended my Canadian husband's interview in Montreal, Quebec. I took several days off of work (requested a leave of absence) to attend the interview. I had to pick my husband up in Ontario, we had to pick up his criminal history report and medical records, drive to Montreal the day before (so we could be there early in the morning), then drive back to Ontario to get his belongings before we returned to the U.S. He's here now, has a social security card, and things are going great.

HOWEVER ...

My employer allows employees to attend legal matters including jury duty, being a witness, being subpoenaed to a hearing or trial, etc.

I felt that my employer should allow me to take time off to attend this immigration hearing.

The staffing coordinator approved the time off, but I was then fired for not getting an official approval for a "leave of absence" from the big boss. I had no idea that I had to do so, and I only took 4 days off of work (unpaid).

I am attempting to fight this wrongful termination - but I cannot find in the law where it says whether the U.S. spouse or fiance of a Canadian citizen immigrating to the U.S. based on marriage to a U.S. citizen is required to attend the interview for the "green card". It seems like they would have to, as we were asked questions about how we met, etc.

Does anyone know the answer to this question, and, if so, where the law/rule/regulation is so I can print it out and bring it to my appeal?

Thanks so much!

Fired

[Jenn! 918]

Sorry to hear you were fired!

Unfortunately, there's no such rule that I'm aware of. I do believe it is recommended for the USC spouse to be present for the interview at certain consulates, but lots of people go to their interviews alone, without the USC.

[payxibka 10,045]

In some Consulates the USC is in fact NOT allowed to participate in the interview.....

[ASPCA Fan 0]

In some Consulates the USC is in fact NOT allowed to participate in the interview.....

I was on this site during most of the immigration process. U.S. spouses were going to the interviews with their Canadian spouses the majority of the time.

I understood that the interview was to validate the documents as well as the legitimacy of the relationship. How could they do that without the U.S. spouse there? I realize that perhaps some U.S. spouses simply could not attend a hearing, due to work or distance or finances - but I wonder if the chances of being approved are affected if the Canadian citizen attends the final interview alone - because to me it would seem as if, if the U.S. spouse doesn't feel this is an incredibly important thing to be at, then it might cause suspicion as far as the legitimacy of the relationship/marriage.

We had our interview at the U.S. consulate in Montreal. I may contact them and ask if it is required or recommended and how the process is affected if the U.S. spouse doesn't attend the interview.

Personally, I consider this a legal matter and extremely important personal/family matter. People take off of work for weddings, funerals, graduations, birthdays, family reunions - as well as for jury duty, traffic court, and being subpoenaed in all types of legal matters - from unemployment hearings to criminal trials to silly civil cases.

One would think that this would qualify as a legitimate event, and I did obtain prior approval from the Staffing Coordinator. I'm going to scour the rules/laws and start making telephone calls. I am going to the unemployment appeal and win. This is ridiculous! It completely blew all the joy and relief we had at his finally being able to come be with me, because we were suddenly without any income or medical coverage.

[Flames9_RN 358]

My wife didnt attend the interview, not sure what the ratio is, but for VJ, I think that many attend it by themself?? I do not recall reading of an Cdn VJ'er being outright denied because of relationship concerns!! The interview is the easiest part of the wholeprocess for Cdns! The USA spouse can attend but they do not have to. Does it state any info regarding spouses attending the interview in any of the packets? I just looked at my packet (from 2004) and couldn't find anything to help support ur cause.

I think the bigger issue is that you thought u had gone through the proper channels to get time off, and didnt know you have to get further approval?? Are you new to that company? Hopefully you can find some info to help support ur case.

[payxibka 10,045]

In some Consulates the USC is in fact NOT allowed to participate in the interview.....

I was on this site during most of the immigration process. U.S. spouses were going to the interviews with their Canadian spouses the majority of the time.

I understood that the interview was to validate the documents as well as the legitimacy of the relationship. How could they do that without the U.S. spouse there? I realize that perhaps some U.S. spouses simply could not attend a hearing, due to work or distance or finances - but I wonder if the chances of being approved are affected if the Canadian citizen attends the final interview alone - because to me it would seem as if, if the U.S. spouse doesn't feel this is an incredibly important thing to be at, then it might cause suspicion as far as the legitimacy of the relationship/marriage.

We had our interview at the U.S. consulate in Montreal. I may contact them and ask if it is required or recommended and how the process is affected if the U.S. spouse doesn't attend the interview.

Personally, I consider this a legal matter and extremely important personal/family matter. People take off of work for weddings, funerals, graduations, birthdays, family reunions - as well as for jury duty, traffic court, and being subpoenaed in all types of legal matters - from unemployment hearings to criminal trials to silly civil cases.

One would think that this would qualify as a legitimate event, and I did obtain prior approval from the Staffing Coordinator. I'm going to scour the rules/laws and start making telephone calls. I am going to the unemployment appeal and win. This is ridiculous! It completely blew all the joy and relief we had at his finally being able to come be with me, because we were suddenly without any income or medical coverage.

Your original question was "Is the USC required to attend the interview" and if anyone could provide you with a cite to this regulation. The simple answer is no, a USC is not required to attend. I don't dispute that what happened to you might be considered wrongful termination, but it will be based on other facts and circumstances.

[Flames9_RN 358]

my second paragraph makes little sense, lol, need more coffee! I think the bigger issue is that you thought you had gone through the proper channels to get time off, and you considered it a done deal, so away you went on ur trip. Not really sure if the reason to take it off really matters?? By your post, it sounds like they terminated you based on being away from work without authorization. Your probably going to have a hard time finding hard evidence that a USA citizen MUST attend the interview, because i do not think that is the case, if you can find it, more power to you. Hope it works out for you.

[Caladan 19]

The U.S. spouse (or fiancé) is permitted to attend the interviews at the consulates in Canada, but it isn't required, nor is the absence of the spouse or fiancé taken as evidence that the relationship isn't real. C. went to his interview by himself; it wasn't worth it to me to fly to Vancouver ($$) for a two-day visit when we knew the interview would be the 'easy' part for us.

So no, you're not required to be there. And even if you were, it isn't the same as being subpoenaed by a jury. I think your stronger claim is that you *had* sought out approval, and that your excuse wasn't frivolous: you weren't legally required to be there, but it wasn't like you were going out for lollipops at the circus, either.

[Saddle Bronc 124]

No, the only mandatory attendee is the beneficiary.

[mozplay 29]

I am attempting to fight this wrongful termination - but I cannot find in the law where it says whether the U.S. spouse or fiance of a Canadian citizen immigrating to the U.S. based on marriage to a U.S. citizen is required to attend the interview for the "green card". It seems like they would have to, as we were asked questions about how we met, etc.

While I agree with the other posters that it is not required for the USC to attend the interivew in Montreal or Vancouver, it seems to me that you are also asking about the greencard/AOS interview? Are you indeed asking about this because yes, the USC does have to attend that interview and I'm sure we can find documentation on that.

Mo

[Flames9_RN 358]

She stated she just had the interview in Mtl, so that would not be for AOS. I think her best way to fight this issue is that she went and aksed 1 person for the time off, and she figured that person had the authority to grant it. She did not know she had to go further up the chain of command to get the days off.

[zyggy 9]

It sounds like the termination is specious at best and a wrongful termination suit may be worth looking into, but this is an employment law question and something that an attorney would be best placed to answer...

But would you want to work with this employer anyways?.. or are you just out for blood...

[CutienPurg 0]

< googling specious>

[misa 2]

As others have stated, it's not required for the USC spouse/fiance to attend the foreign interview unless otherwise requested by the consulate (and usually it's a 2nd interview, though in other countries, not Canada from what I've seen).

I also agree that the strong point of your situation is that you DID request the unpaid time off and it was approved by someone you thought had the authority to do so. Does your old job have an HR manual specifying who you needed to get permission from for time off work?

[LaL 418]

The USC spouse/fiance(e) is not required to attend as others have stated, however there are situations that can arise where the CO would refuse and issue a request for the USC to attend. This is what happened to us (among other things). Against the advice of many VJ'ers I refused to attend as I had work issues at the time, and no where did I find that this is a requirement. I remember getting a bit of slack for my decision here at VJ and maybe we got lucky.

as far as the termination - i hope you can get that sorted out, seems like a major mistake was made!