Interview without spouse

[aseq]

I have an adjustment of status interview August 14, 2006. My wife works for the US-Navy for more than 2 years now. and is a US citizen. She is stationed all over the USA and right now is in San Diego, I live in Oregon (because she lives on base we can't live together, also the constant moving would be too hard on me). We have been married since 1997 and lived in my home country for 5 or so years, then decided to move to the USA. I have a military ID-card proving my relationship to her, along with all the usual paperwork.

The problem is, my wife is not able to appear at the interview, as she didn't get permission from her command. She is in some kind of training/school program which allows for little to no freedom, like bootcamp. Also she wouldn't be able to afford the trip. Neither of those reasons, according to the interview appointment I received, are valid reasons for rescheduling (valid ones are things like disease or death amongst close relatives and such). So I will appear as scheduled with all the documentation necessary, and then some. To me it seems it will be hard to mistake our marriage to be fraudulent, even though we live apart and she is unable to appear. I can imagine it may be to our advantage that she is in active military duty, that being the main reason for living apart and being unable to appear.

I do worry there may be a denial, is there reason for me to worry? Would it be wise to get an attorney to join me? I can't afford one, so how would that work out?

Thank you

[curiousone]

I have an adjustment of status interview August 14, 2006. My wife works for the US-Navy for more than 2 years now. and is a US citizen. She is stationed all over the USA and right now is in San Diego, I live in Oregon (because she lives on base we can't live together, also the constant moving would be too hard on me). We have been married since 1997 and lived in my home country for 5 or so years, then decided to move to the USA. I have a military ID-card proving my relationship to her, along with all the usual paperwork.

The problem is, my wife is not able to appear at the interview, as she didn't get permission from her command. She is in some kind of training/school program which allows for little to no freedom, like bootcamp. Also she wouldn't be able to afford the trip. Neither of those reasons, according to the interview appointment I received, are valid reasons for rescheduling (valid ones are things like disease or death amongst close relatives and such). So I will appear as scheduled with all the documentation necessary, and then some. To me it seems it will be hard to mistake our marriage to be fraudulent, even though we live apart and she is unable to appear. I can imagine it may be to our advantage that she is in active military duty, that being the main reason for living apart and being unable to appear.

I do worry there may be a denial, is there reason for me to worry? Would it be wise to get an attorney to join me? I can't afford one, so how would that work out?

Thank you

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You need to reschedule the interview. You should have done so already. The best reason you ahve is that she doe snot have permission from her commander but you need proof of that. You will not be interviewed without her. You have no choice but to ask for a rescheduling ...even if you turn up by yourself , you'll still have to make the request as you will not be interviewed alone. Unfortunately, that you had time to plan for the trip and her to seek the necessary leave doesnt look too good in your favor....its always bad when only one spouse shows up.........can't she seek leave now and take a bus or something. Do what you have to do to get her there. The expense will still be there even if u hav eit rescheduled and if you read the other posts, some interviews being scheduled for ayear from now is becoming somewhat common.

[aseq]

I see, that is clear. I will just try and get her to that interview. It'll involve me driving down to her duty station and seeing what can be arranged through her command. Thanks for making this clear, that the spouse HAS to be there.

[curiousone]

I see, that is clear. I will just try and get her to that interview. It'll involve me driving down to her duty station and seeing what can be arranged through her command. Thanks for making this clear, that the spouse HAS to be there.

yes, the Spouse HAS to be there. Good luck!

[aseq]

Apparently it is impossible for her to appear, but not for reasons I innitially thought. She is unwilling (she has been agreeing to go, then wouldn't, then would, giving all kinds of excuses) to go and threatens with things like divorce (to which I will not agree, I actually love her). There is a whole can of worms, possibly enabling me to self petition as a battered spouse, but I am not wanting to go through that if this could be solved easier. The problem is I am having this interview August 14, I do intend to appear. What should I do? Just go and hope there may be a solution, and at least I can have it rescheduled then and there? I don't trust that if I call on such a short notice a reschedule can be arranged or something. Is self petitioning a solution? We ARE still married, I do not intend to leave her, we never married fraudulently and are married for close to 9 years. I just don't know what is the wisest thing to do in this case.

Thank you

[curiousone]

Apparently it is impossible for her to appear, but not for reasons I innitially thought. She is unwilling (she has been agreeing to go, then wouldn't, then would, giving all kinds of excuses) to go and threatens with things like divorce (to which I will not agree, I actually love her). There is a whole can of worms, possibly enabling me to self petition as a battered spouse, but I am not wanting to go through that if this could be solved easier. The problem is I am having this interview August 14, I do intend to appear. What should I do? Just go and hope there may be a solution, and at least I can have it rescheduled then and there? I don't trust that if I call on such a short notice a reschedule can be arranged or something. Is self petitioning a solution? We ARE still married, I do not intend to leave her, we never married fraudulently and are married for close to 9 years. I just don't know what is the wisest thing to do in this case.

Thank you

Dont go alone. You must use an attorney.............there are many charities that have good attorneys who will help you for a very small fee...........look up Catholic Immigration Clinic

[curiousone]

Dont go alone. You must use an attorney.............there are many charities that have good attorneys who will help you for a very small fee...........look up Catholic Immigration Clinic

As to whether you will self petition will depend on your personal circumstances..........its hard to say without knowing what they are.............

[aseq]

Don't go alone? I understand, but how do I reschedule in time? I have to be there Monday 10 AM. It seems to me it is easier to get a reschedule if I at least appear? Seeing USCIS is so hard to reach by pone and also I am under the impression a reschedule has to be done before the interview or else I may get a denial by default. What use does a lawyer have appearing with me if my spouse isn't appearing, because you said they will not interview without the spouse? Or are you implying an interview without spouse might be conducted, or at least if a lawyer was present?

Does not going benefit me more than going in this matter?

What can I say about the situation. She has threatened and threatens with all kinds of things, like not paying me money so I'd basically have no money, cancelling the joint bank account, divorce, and lots of cases of mental abuse I prefer not to repeat.

[aseq]

Approval, spouse's presence waived...

I'm happy to inform you that the adjustment of status has been approved. The interview was rather short and went well. The interviewer didn't ask much about our marriage (neither did he ask for any documents), it's 9 years almost so it doesn't appear fraudulent I'd say. He asked why my wife wasn't there and I gave her reason, too busy (but there are lots of unspoken personal reasons), he asked if she had some letter about that and I said I asked her but she didn't send one. After a few question about what work she does and has done and such he was silently thinking for a few minutes, left without saying anything, for about 5-10 minutes (I figure he went to ask someone else for advice), then came back, thought a while longer and then asked for my passport, after having asked me if I did anything wrong which'd make me inellegible for lpr and if my current address was still the same. He stamped it then and there and said that because my wife is in the US-Navy and has reasons to be busy and we were married for almost 9 years he waived the requirement she had to be present. He informed me I could become a citizen in 3 years if I would still be married (and he looked rather thoughtful ;-), otherwise 5 years. I thanked him and felt quite relieved, we shook hands and that was it. From that moment I was a permanent resident.

Here is some more interesting and useful information regarding the whole process. It was in the Portland field office, or is it called application support centre nowadays? Security was laid back, no ID needed at entry (in fact my ID was only asked once, when my passport needed to be stamped), just some scanning of bags and the metal detector. The atmosphere felt relaxed, I arrived 5-10 minutes before the interview and only had to wait about 10 minutes. The interviewer seemed friendly and a typical office clerk. It may have been to my advantage he had portraits of his sons in uniform (looked like navy/marines) in his office. Also the whole process, once I finally was able to send in the I-485, took not a long time. I sent it in around March 2006, I get a note back to ask for my medical which I sent in around June, the interview date was set at August 14, 2006 and I got my GC stamp that same day. It must be noted my wife, when she was still helpful, had written a request with her affidafit to have the process speeded up, because there had been delays before (her trying to find work etc.). I also had gotten my EAD less than a month after I sent in the medical stuff.

I feel I got quite lucky there and it may have gone totally another way. And I must say that my experience with the USCIS has been pleasant, though I often feared the opposite. And the two times I had to appear in person (biometrics and interview), went smoothly, friendly and professionally. Maybe the Portland office is special in that, but I hope this is the norm rather than the exception. I fear though that in areas where there is a lot of immigration going on, like Florida and California, things are not that great. Also I am originally from the Netherlands, whether this has had any influence I do not know, it should not of course.

Thanks for the help.

[curiousone]

I'm very happy for you. Thats uncommon for them to grant it without the spouse appearing but as you said, that she is in the Service and the marriage is 9 years old made a difference. Congratulations!!!!!!!