I-751 Interview (Spouse is out of country)(merged)

[Renegade 11]

Hello!

We are still waiting for our interview date, and struggling with our relationship. My spouse developed mental condition (It's been  tough 2 months :() and gonna move to other country to his parents for treatment. He's leaving on December 29, I'm pretty sure my interview gonna be after that.

What are my options?
1) Can I write a letter to USCIS explaining all this (With his medical records copy), will they agree to do the interview only with me?

2) We are pretty much separated (I have a different thread for our issue) so maybe I can write a letter explaining our story (We're gonna get divorce probably next year)

[kline19 102]

You applied in May 2019. Chances are your interview won't be scheduled until May 2020. 

 

My (amateur) advice would be to send a letter to USCIS about switching to Divorce Waiver once you have filed for the divorce. It might be good to have the divorce attorney include his/her opinion in a separate document on the time it would potentially take to finalize divorce. Include that opinion along with your letter to USCIS so that USCIS hopefully would send an RFE for divorce decree according to your timeline.  

[Renegade 11]

1 hour ago, kline19 said:

You applied in May 2019. Chances are your interview won't be scheduled until May 2020. 

 

My (amateur) advice would be to send a letter to USCIS about switching to Divorce Waiver once you have filed for the divorce. It might be good to have the divorce attorney include his/her opinion in a separate document on the time it would potentially take to finalize divorce. Include that opinion along with your letter to USCIS so that USCIS hopefully would send an RFE for divorce decree according to your timeline.  

What if we're not getting divorced anytime soon?

[kline19 102]

In that case, you don't have to do anything. If the interview is called then your spouse will have to attend it or else it will complicate the matters.

 

I am not a lawyer but in my view dealing with USCIS is about fitting one's case/application into one of the boxes predefined by USCIS. The uscis staffers are simply robots trained to follow the rules to adjudicate cases. In i751, you are given two options to file: married or divorced. If you do something in-between then that would be going into uncharted territory. I have not read about any case, where USCIS has processed a case where the applicant admitted to being separated (but not divorced). @mindthegap could further add here.

Edited November 15, 2019 by kline19

[Renegade 11]

Hello dear VJ community, it's my 3rd topic I think but I still can't figure out what to do in my situation.

 

I'm a May filer, as of August 2019 my case is ready to be scheduled for an interview, local office is LA.

 

Unfortunately things are not going well in our family, we're pretty much separated, my husband was diagnosed with schizophrenia in November, his family is trying to take control of him, he's leaving country at the end of December for long term treatment.

My interview can be in a month or in a 6 months.

Can I write a letter to USCIS along with his medical records that he's undergoing treatment overseas, will they waive the interview/ his presence on the interview?

Don't do anything at this point, wait for the interview and explain all this to the officer? File for divorce now and hope that I'll get my final decree before the interview?

What can I do in this situation? Divorce takes minimum 6 months, RFE respond time is 87 days, he's probably gonna be overseas when my interview is scheduled, I really don't know what to do at this point, we were perfectly happy when we were filing I751 petition in May :((

[Ontarkie 14,413]

~~One duplicate post removed from unrelated threads, two threads merged. Please do not start more than one thread for related questions and do not post your questions on this topic in other threads. Your questions are best kept together for members to help you.~~

[aaron2020 11,651]

Have you husband show up for the interview or file for divorce and change to a divorce waiver.

 

Writing a letter with his medical records and showing that he's undergoing treatment overseas will not change the requirements.  The interview will not be waived.  His presence will not be waived.  

 

Going by yourself and explaining it will get you a 2nd interview or a denial.  

You've been advised on what to do at this point.  Either have your husband show up for the interview or file for divorce and change to a divorce waiver.  

On 11/15/2019 at 12:01 AM, Renegade said:

What if we're not getting divorced anytime soon?

Then he needs to show up at the interview.