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

[Cathi 5,784]

12 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 isn't a joint petition, you're comparing apples to oranges.

[debbiedoo 2,339]

13 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

we are doing really really well, thank you. 3 year anniversary coming up this christmas

 

life is good, quiet here on our farm with the dogs. the city boy from toronto turned into a livestock farmer. who'd have thunk it? 120 acres of chaos. LOL

[Timona 4,208]

8 hours ago, Ecaen87 said:

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

Understood 

Edited August 5, 2021 by Timona

[African Zealot 1,456]

A few apparently have gone without the spouse and been successful. Some even were approved without an interview in many cases. But then why risk things at this stage when the immigration process in itself is already fraught with pitfalls even when you do everything by the letter?

 

The minor inconvenience of getting your spouse to go with you in my opinion is more than worth the world of hurt one can get into IF the interviewer insists on having him/her there. Could lead to a postponement, RFE, or in an extreme case NOID.

 

Just go with the spouse!

Edited August 5, 2021 by African Zealot

[eckoin 211]

16 hours ago, Ecaen87 said:

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

 

16 hours ago, Scandi said:

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.

Is that definitely true? I've seen posts that were adamant that the spouse must attend the N400 as well, even if not called but just in case, if filing under the 3 year rule. 

 

I'll be filing my N400 in about a month, and our FO is a 4.5 hour drive one way. It'd be A LOT easier if only one had to go for the interview and the other stayed home with the kid and dog and all that. But I'd also be very frustrated to show up and be told that they can't make a decision because my spouse needs to be there to arrest to something. 

[Ecaen87 43]

9 minutes ago, eckoin said:

 

Is that definitely true? I've seen posts that were adamant that the spouse must attend the N400 as well, even if not called but just in case, if filing under the 3 year rule. 

 

I'll be filing my N400 in about a month, and our FO is a 4.5 hour drive one way. It'd be A LOT easier if only one had to go for the interview and the other stayed home with the kid and dog and all that. But I'd also be very frustrated to show up and be told that they can't make a decision because my spouse needs to be there to arrest to something. 

I think you are referring to combo interviews. When you file N400 and your ROC is pending, if by the time your N400 interview is scheduled, If ROC is still pending, then is very likely they conduct a combo interview where first they interview both spouses for the ROC part and for Naturalization they only interview the petitioner. No matter what I have never heard a naturalization interview where the spouse is required to attend.

Edited August 5, 2021 by Ecaen87

[eckoin 211]

1 minute ago, Ecaen87 said:

I think you are referring to combo interviews. When you file N400 and your ROC is pending, if by the time your N400 interview is scheduled, If ROC is still pending, then is very likely they conduct a combo interview where first they interview both spouses for the ROC portion and for Naturalization they only interview the petitioner. No matter what I have never heard a naturalization interview where the spouse is required to attend.

No I'm definitely thinking of a standalone N400 but based on the marriage clause, so 3 year rule. However, this was based on a VJ search overall, so some of those threads were from 10 years ago. 

 

So N400 is my application, regardless of under which condition I apply? I reviewed the required evidence, and it's very similar to ROC in terms of proof you're still married and all that, so it didn't seem like a stretch to have USCIS demand we're both there. 

[Scandi 4,180]

6 hours ago, eckoin said:

 

Is that definitely true? I've seen posts that were adamant that the spouse must attend the N400 as well, even if not called but just in case, if filing under the 3 year rule. 

 

I'll be filing my N400 in about a month, and our FO is a 4.5 hour drive one way. It'd be A LOT easier if only one had to go for the interview and the other stayed home with the kid and dog and all that. But I'd also be very frustrated to show up and be told that they can't make a decision because my spouse needs to be there to arrest to something. 

Haven't yet seen a single case where the US spouse was required to be at the N-400 interview unless there was also a pending i-751.

 

Have however seen several cases where the US spouse did show up and was turned away at the door. My own husband too, he was sent down from the 6th floor to wait in the lobby on the first floor, wasn't even allowed in the USCIS waiting room.

Edited August 6, 2021 by Scandi

[Heri4me2 3]

from what I understand the USC spouse does not need to attend because he or she is already a citizen. 

[HRQX 4,145]

7 minutes ago, Heri4me2 said:

from what I understand the USC spouse does not need to attend because he or she is already a citizen. 

For joint ROC, both must attend.

On 8/4/2021 at 4:55 PM, HRQX said:

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)."

[ms_bobdog 501]

ROC joint filing-- even if the recent letters do not state the spouse has to attend, people have reported being asked about it. My letter (earlier this year, for April interview) did state to bring my spouse, so I am guessing the interviewers may not be aware yet that recent letters do not state the need to bring their spouse. Given how long most people have been waiting, I really think it is a good idea to bring your spouse. What is the worst that can happen other than the spouse having to sit and wait for nothing? 

[foobarbaz 7]

Hey all, just an update to "close the loop". Brought my spouse with me for my ROC interview, and we were BOTH expected by all staff members (the security guards jokingly asked "Ready for your interview?", likely guessing from our formal clothing).

 

Interview was about 45 minutes, officer was professional and went through the i-751 form, then asked standard unobtrusive questions (who does the groceries/pays for trips/plans for children etc.). The officer handed us a receipt for our appointment, but would not say anything other than "you will receive a letter in the post in less than 30 days". I think they are trying to give a more consistent experience to people, so hence the generic response.

 

I felt positive after the interview, and a little over an hour later, my online case updated to "New card is being produced"! 🙌

 

Thanks again to everyone who held answer my questions in this thread -- it was really appreciated. 👍