Do both spouses need to be present at ROC interview?

[Maria O 16]

My husband and I filed jointly for I-751 Petition to Remove Conditions on Residence. I receive the notice of the schedule for the interview, but I'm confused if my husband needs to come or not. There is a section in the notice regarding "who may come with me" but didn't directly mention that both spouses should come for the interview. I am the petitioner (immigrant) married to USC. This could be a stupid question or a common sense that we need to both appear in the interview. Is there anybody here that could enlighten me on this? 

[milimelo 4,481]

If it’s a joint petition of course your spouse should attend as well. 

[Timona 4,207]

Follow what the interview letter says. My N400 did not list a spouse. So I went alone last week Thursday. I just literary followed what the letter told me to do. I did not want to bring extra bodies during COVID. They will not even get past the first security guys outside at the door. This guys read through the letter. So why bother. 

[Maria O 16]

1 minute ago, milimelo said:

If it’s a joint petition of course your spouse should attend as well. 

Thank you, I really appreciate the confirmation. I live in Alaska, and every time I have a USCIS appointment we need to fly from Juneau to Anchorage, rent a car, get a hotel, take a leave only to attend for a 15 min. or less than an hour appearance. I have to make sure my husband is needed so we can plan ahead. Your replies would greatly help us.

[USC4SPOUSE 506]

15 minutes ago, Maria O said:

My husband and I filed jointly for I-751 Petition to Remove Conditions on Residence. I receive the notice of the schedule for the interview, but I'm confused if my husband needs to come or not. There is a section in the notice regarding "who may come with me" but didn't directly mention that both spouses should come for the interview. I am the petitioner (immigrant) married to USC. This could be a stupid question or a common sense that we need to both appear in the interview. Is there anybody here that could enlighten me on this? 

@Maria O several people who filed the I-751 jointly have reported that the letter does not state your US citizen spouse must be present. If it is a joint petition, both spouses need to attend. I would not risk it. I do not think anyone knows why they're issuing interview letters with vague directions regarding who may attend. 

[Maria O 16]

3 minutes ago, USC4SPOUSE said:

@Maria O several people who filed the I-751 jointly have reported that the letter does not state your US citizen spouse must be present. If it is a joint petition, both spouses need to attend. I would not risk it. I do not think anyone knows why they're issuing interview letters with vague directions regarding who may attend. 

My gut tells me we both need to be there, but when I read the letter (read it more than 4 times now), no direct statement or instructions that both spouses have to attend. It's really confusing. My husband and I always travel together anyway, so I guess we'll just both go. If he's not needed, then I guess will find out if the USCIS security will not let him in. 

[HRQX 4,145]

5 minutes ago, Maria O said:

no direct statement or instructions that both spouses have to attend.

Despite what the letter says, the law is explicitly clear; see INA 216(c)(1)(B): "in accordance with subsection (d)(3), the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Department of Homeland Security respecting the facts and information described in subsection (d)(1)."

26 minutes ago, Timona said:

My N400 did not list a spouse. So I went alone last week Thursday.

Major difference between a joint ROC interview and a naturalization interview. Also as per above, INA 216(c)(1)(B) is explicitly clear.

[Maria O 16]

Just now, HRQX said:

Despite what the letter says, the law is explicitly clear; see INA 216(c)(1)(B): "in accordance with subsection (d)(3), the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Department of Homeland Security respecting the facts and information described in subsection (d)(1)."

 

You are truly a Superstar! This is what I was trying to look for. Thank you for giving me a peace of mind. Off we go. 

[Timona 4,207]

3 minutes ago, HRQX said:

Despite what the letter says, the law is explicitly clear; see INA 216(c)(1)(B): "in accordance with subsection (d)(3), the alien spouse and the petitioning spouse (if not deceased) must appear for a personal interview before an officer or employee of the Department of Homeland Security respecting the facts and information described in subsection (d)(1)."

Major difference between a joint ROC interview and a naturalization interview. Also as per above, INA 216(c)(1)(B) is explicitly clear.

 

My N400 was based of 3 year rule. 

But if she lives far as she has said, best go together.

[Timona 4,207]

30 minutes ago, Maria O said:

Thank you, I really appreciate the confirmation. I live in Alaska, and every time I have a USCIS appointment we need to fly from Juneau to Anchorage, rent a car, get a hotel, take a leave only to attend for a 15 min. or less than an hour appearance. I have to make sure my husband is needed so we can plan ahead. Your replies would greatly help us.

 

First time I have met someone in Alaska here on VJ. Just curious where are you from and what took you to Alaska? If you are Canadian, I will understand why you went to Alaska.

It is just rare to see African immigrants staying in Alaska. I know there are some, but very rare. 

[HRQX 4,145]

10 minutes ago, Timona said:

My N400 was based of 3 year rule.

Still major difference between that and a joint ROC interview. Neither INA 319(a) nor 8 CFR 319.1 require both to attend the naturalization interview:

• https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1430&num=0&edition=prelim
• https://www.ecfr.gov/cgi-bin/text-idx?&node=se8.1.319_11

 

Whereas INA 216(c)(1)(B) is explicitly clear in the case of a scheduled joint ROC interview.

Edited July 20, 2021 by HRQX

[Maria O 16]

4 minutes ago, Timona said:

 

My N400 was based of 3 year rule. 

But if she lives far as she has said, best go together.

I only filed for ROC as I do not have 3 years yet. I entered US Sept. 2018. 

 

1 minute ago, Timona said:

 

First time I have met someone in Alaska here on VJ. Just curious where are you from and what took you to Alaska? If you are Canadian, I will understand why you went to Alaska.

It is just rare to see African immigrants staying in Alaska. I know there are some, but very rare. 

I'm from the Philippines. My husband moved to AK and he's been here for more than 10 years. I have not known any African since I got here, but 10% of the population is Filipino. There is actually a Filipino community here in Juneau, even a statue of our national hero downtown. Kind of surprising at first, but works to my advantage. I feel not far away from home. 

[Neonred 3,564]

1 hour ago, Maria O said:

Thank you, I really appreciate the confirmation. I live in Alaska, and every time I have a USCIS appointment we need to fly from Juneau to Anchorage, rent a car, get a hotel, take a leave only to attend for a 15 min. or less than an hour appearance. I have to make sure my husband is needed so we can plan ahead. Your replies would greatly help us.

Hope you can find one..

[Maria O 16]

6 minutes ago, Neonred said:

Hope you can find one..

I did. HRQX provided the direct answer. I'm so happy I joined this community. 

 

Ooops, I didn't see you were referring to "rent a car". Online booking is easy, but frustrating lately when you arrive and there are no cars left especially now that tourists are coming. 

Edited July 20, 2021 by Maria O

[Neonred 3,564]

Just now, Maria O said:

I did. HRQX provided the direct answer. I'm so happy I joined this community. 

I meant a rental car!