N 400 interview.

[brett40000 24]

uscis put my wife's interview off for one year due to covid.  I am presently in Thailand she is in Texas.  uscis now wants to do this interview on Feb. 1st.  I am in a Thailand district that is in lockdown.  Special permission is required to leave this county.  Coming back i am subject to 2 weeks quarantine i have to pay for.   I understand I'm not even allowed into the interview.  Why do I need to be there or can i get permission not to be there somehow?  I'm terrified to go to Texas.  Covid central!!  There have been less than 8000 covid cases here in Thailand TOTAL.  There's more than that per day in Texas.  What can I do to get out of this interview as it may literally kill me. 

[brett40000 24]

Sorry I forgot to include this is the N-400 interview after 3 years of marriage.  

[Ontarkie 14,023]

~~Moved to US Citizenship General Discussion, from K1 Progress Reports.~~

[Lucky2Lucky 2,526]

It’s your wife’s interview,  not yours, you don’t have to be there. Her letter should have said no visitors allowed- unless for some reason it asked for your presence (which is why you are panicked?)

[brett40000 24]

Thanks lucky.  No the reason I'm worrying is i'm confused yes the letter says i'm not involved but the lawyer says i need to be there.  I'm in Chonburi province in thailand.  We are in lockdown.  I can't leave the county without special permission to get to the airport.  Coming back I'm subject to two week quarantine on my own dime.  This could turn out to be crazy expensive for no good reason. Thanks for the input because Ive been definitely leaning to not coming. 

[carmel34 3,544]

8 hours ago, brett40000 said:

but the lawyer says i need to be there

I'm not sure why your lawyer would recommend this since you do not need to attend your wife's citizenship interview, unless you have been living apart for a long time, in that case it may be a good idea to attend with her, at least waiting nearby if they ask where you are.  You said you are in Thailand, she is in Texas.  How long have you been away from her?  If the interviewing officer asks about you and your wife says you are in Thailand it could be an issue if has been months not days or weeks.  If you are in Thailand temporarily for work it may not be an issue.  So specifics matter and this may be why your lawyer said to be at the interview, to help show that you have a bona fide marriage relationship as that is the basis for her citizenship application.  Good luck!

Edited January 10, 2021 by carmel34

[SusieQQQ 11,585]

Were you living in the same residence at the time she filed her n400? Your posts make it sound like you are actually living in Thailand, not just visiting it.

 

Married and Living in Marital Union

In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must continue to be the spouse of a U.S. citizen from the time of filing the naturalization application until the applicant takes the Oath of Allegiance. In addition, some spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse for at least 3 years immediately preceding the date of filing the naturalization application. [19] USCIS considers an applicant to “live in marital union” with his or her citizen spouse if the applicant and the citizen actually reside together.

An applicant does not meet the married and “living in marital union” requirements if:

- The applicant is not residing with his or her U.S. citizen spouse at the time of filing or during the time in which the applicant is required to be living in marital union with the U.S. citizen spouse; or

- The marital relationship is terminated at any time prior to taking the Oath of Allegiance.

If the applicant ceases to reside with his or her U.S. citizen spouse between the time of filing and the time at which the applicant takes the Oath of Allegiance, the officer should consider whether the applicant met the living in marital union requirement at the time of filing.

There are limited circumstances where an applicant may be able to establish that he or she is living in marital union with his or her citizen spouse even though the applicant does not actually reside with the citizen spouse. 

In all cases where it is applicable, the burden is on the applicant to establish that he or she has lived in marital union with his or her U.S. citizen spouse for the required period of time. 
 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

Edited January 10, 2021 by SusieQQQ

[NancyNguyen 1,657]

Does she have a pending I-751? if yes, you have to be there.

[Lucky2Lucky 2,526]

7 hours ago, NancyNguyen said:

Does she have a pending I-751? if yes, you have to be there.

Good point.

[pamala900 33]

I dont think you need to be there. It is your wifes interveiw. So I wouldnt worry about it. Unless they ask you to come on the interview letter. With what I have seen, the spose is not required to be there. 

On 1/10/2021 at 12:58 AM, brett40000 said:

uscis put my wife's interview off for one year due to covid.  I am presently in Thailand she is in Texas.  uscis now wants to do this interview on Feb. 1st.  I am in a Thailand district that is in lockdown.  Special permission is required to leave this county.  Coming back i am subject to 2 weeks quarantine i have to pay for.   I understand I'm not even allowed into the interview.  Why do I need to be there or can i get permission not to be there somehow?  I'm terrified to go to Texas.  Covid central!!  There have been less than 8000 covid cases here in Thailand TOTAL.  There's more than that per day in Texas.  What can I do to get out of this interview as it may literally kill me. 

 

[AstroCanada 206]

I'm sensing bigger problems if you are living in Thailand without the spouse for the last year up through right now.   How long have you been apart?

[brett40000 24]

No problems whatsoever.  Just had our 5th year anniversary via zoom.  My wife has started her own business in America and that is her mistress.  lol. She is the hardest working person I ever met.  For her it was her dream to come to america and live the dream of business ownership.  For her she started at the worst possible time ever.  At the start of covid and its a business that close contact to people.  She has struggled mightily, but for her to return to Thailand as a failure is worse than death. It's been over a year and I feel like the 18 month period before i could get her to america.  It's good times we spend hours a day on zoom.  Our friendship is rock solid due to the 18 month period leading up to her coming to america.  We zoom all the time.  You'd have to know Bell.  She is highly focused and motivated with her work. We have decided to forego me coming.  There is virtually no covid here in Thailand.  The authorities take a very very concerted effort to stamp it out. Not like texas or america.  Both my parents died to respitory ailments.  I'm not putting my damn life in jeopardy so someone can take a look at my body and say ok.  The last interview we went to was so fast, and she didn't even ask my wife a single question.  She talked to me the whole interview.  I was not asked to be there in any letter so I'm not invited.  I will stay in safety of thailand.  We've been married for 5 years damn it, that's no sham marriage.  Nobody stays married for 5 years as a sham. Covid has created extrordinary situations in life.  I'm 62, and covid kills or maims damn it. Get serious about it america, thailand sure as hell has, thank god. 

[millefleur 5,039]

I'm a bit confused, did USCIS say you also have to be there for her interview? Or are you assuming that they will want to interview you as well?

 

 

[brett40000 24]

assuming.

[NancyNguyen 1,657]

3 hours ago, brett40000 said:

assuming.

Does she have a pending i-751? That’s main point.