Call for I-751 Interview -- does my spouse need to attend?

[foobarbaz 7]

 

I am a Conditional Green Card holder, and I have my I-751interview to remove conditions, on Aug 23.

 

I filed my petition jointly on May 29, 2019 and remain happily married to my spouse.

 

The letter I received, under the section titled "Who should come with you?" does not mention my spouse; it just mentions attorneys, interpreters and disability assistance.

 

The letter only mentions the documents that I should bring: it does not mention my spouse.

 

My spouse did not receive a letter addressed to her: does she need to attend the interview?

 

I have tried calling the USCIS Contact Center for clarification, but the automated system is not helpful, and just provides me with canned responses and status updates.

 

Has anyone, who filed jointly, received a similar letter and attended their I-751 interview on their own?

Thanks in advance!

Edited August 4, 2021 by foobarbaz
adding image to post

[debbiedoo 2,339]

its a joint petition. yes they should attend.

[foobarbaz 7]

4 minutes ago, debbiedoo said:

its a joint petition. yes they should attend.

Hi debbiedoo,

 

Thank you for your prompt response!

What is the basis of your answer, i.e. is there a document that explicitly states that the spouse of a petitioner on an I-751 must attend?

 

I would have thought that the letter I received would have stated everything (and everyone) who was needed for the I-751 interview? And that, these requirements would be clearly stated.

 

Thanks.

[debbiedoo 2,339]

14 minutes ago, foobarbaz said:

Hi debbiedoo,

 

Thank you for your prompt response!

What is the basis of your answer, i.e. is there a document that explicitly states that the spouse of a petitioner on an I-751 must attend?

 

I would have thought that the letter I received would have stated everything (and everyone) who was needed for the I-751 interview? And that, these requirements would be clearly stated.

 

Thanks.

the fact it is a JOINT PETITION is the basis for my response.

 

but show up without your spouse. see how it goes.

[Timona 4,207]

This is up to debate here on VJ. Mine said the same. I followed exactly what it said and went alone. That was 4 weeks ago for my N400 interview. I was not even asked where my spouse was. 

 

Unrelated, but @debbiedoo I have not seen you in a looooong while. I hope you are of great health

[foobarbaz 7]

1 hour ago, Timona said:

This is up to debate here on VJ. Mine said the same. I followed exactly what it said and went alone. That was 4 weeks ago for my N400 interview. I was not even asked where my spouse was. 

 

Unrelated, but @debbiedoo I have not seen you in a looooong while. I hope you are of great health

Hi Timona,

 

Thanks for your thoughtful reply. I too think that this is up for debate, especially since NO WHERE on the letter does it mention the need for my spouse to attend.

 

USCIS could be keeping these interviews to only the conditional/permanent resident due to COVID.

 

Is there a thread where this issue is discussed in more detail? I like that you (helpfully) gave your actual experience, which is worth a lot more than the random opinions I have encountered.

[foobarbaz 7]

46 minutes ago, foobarbaz said:

Hi Timona,

 

Thanks for your thoughtful reply. I too think that this is up for debate, especially since NO WHERE on the letter does it mention the need for my spouse to attend.

 

USCIS could be keeping these interviews to only the conditional/permanent resident due to COVID.

 

Is there a thread where this issue is discussed in more detail? I like that you (helpfully) gave your actual experience, which is worth a lot more than the random opinions I have encountered.

PS meant to attach this additional information, from the letter, which explicitly states what is to be done for joint petitioners.

 

 

 

Edited August 4, 2021 by foobarbaz
updating screenshot of doc

[HRQX 4,145]

2 hours ago, foobarbaz said:

especially since NO WHERE on the letter does it mention the need for my spouse 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)."

 

Major difference between a joint ROC interview and a naturalization 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

[Timona 4,207]

4 hours ago, foobarbaz said:

Hi Timona,

 

Thanks for your thoughtful reply. I too think that this is up for debate, especially since NO WHERE on the letter does it mention the need for my spouse to attend.

 

USCIS could be keeping these interviews to only the conditional/permanent resident due to COVID.

 

Is there a thread where this issue is discussed in more detail? I like that you (helpfully) gave your actual experience, which is worth a lot more than the random opinions I have encountered.

Doubt it

[HRQX 4,145]

4 hours ago, foobarbaz said:

Is there a thread where this issue is discussed in more detail? I like that you (helpfully) gave your actual experience, which is worth a lot more than the random opinions I have encountered.

See the following thread:

[da95826 387]

7 hours ago, foobarbaz said:

he letter I received, under the section titled "Who should come with you?" does not mention my spouse; it just mentions attorneys, interpreters and disability assistance.

 

The letter only mentions the documents that I should bring: it does not mention my spouse.

 

My spouse did not receive a letter addressed to her: does she need to attend the interview?

 

Yes, with a joint i751 interview the spouse MUST attend, if not, there is a good chance of the ROC being denied or if you are lucky to be called back for a second Stokes interview together.

[foobarbaz 7]

Thanks all for replying to my question: based on your answers (and what I've learned from asking others IRL), my spouse and I will both attend the I-751 interview.

 

It is very annoying that the USCIS letter is not clear on who has to attend, but thanks to you all for helping me to clarify the requirements.

[Scandi 4,166]

2 hours ago, foobarbaz said:

Thanks all for replying to my question: based on your answers (and what I've learned from asking others IRL), my spouse and I will both attend the I-751 interview.

 

It is very annoying that the USCIS letter is not clear on who has to attend, but thanks to you all for helping me to clarify the requirements.

Could be because the letter is generic, they don't produce one letter for those who filed jointly and then another for those who filed with a divorce waiver etc. Everyone who gets an i-751 interview gets the same letter. 

[Ecaen87 43]

9 hours ago, Timona said:

This is up to debate here on VJ. Mine said the same. I followed exactly what it said and went alone. That was 4 weeks ago for my N400 interview. I was not even asked where my spouse was. 

 

Unrelated, but @debbiedoo I have not seen you in a looooong while. I hope you are of great health

N400 interviews are exclusively for the petitioner. ROC interviews filed jointly, both the petitioner and the spouse must attend.

[Scandi 4,166]

19 minutes ago, Ecaen87 said:

N400 interviews are exclusively for the petitioner. ROC interviews filed jointly, both the petitioner and the spouse must attend.

Was going to say that too, the N-400 is completely different from the i-751. The N-400 does not require the US spouse even if filed under the 3 year rule, they will in almost all cases actually ask the US spouse to leave or stay in the waiting room if s/he comes to the office with the petitioner.

 

If there's an i-751 involved then it's a different ballgame, the US spouse is required to be there. I have seen a couple of cases where the spouse was present but was told to wait in the waiting room, but that seems very rare and no reason to take the chance and not bringing the spouse. I have seen a ton more cases where the interview had to be rescheduled because the US spouse wasn't present.