McBean Immigration Law

What Happens If Your Spouse Refuses to Attend Your Marriage Green Card Interview? 

Consequences of a Missing Spouse at the Green Card Interview   
September 11, 2025 
Marriage-based green card cases can already feel stressful, but what happens if your U.S. citizen or green card holder spouse suddenly refuses to attend the interview with you? This is a situation that many immigrants fear—and unfortunately, it happens more often than you might think. The marriage green card process depends heavily on both spouses showing up together to prove to U.S. Citizenship and Immigration Services (USCIS) that the marriage is real. If your spouse refuses to attend, the consequences can be serious. 
At McBean Law, we help clients nationwide navigate the complex world of U.S. immigration law with confidence, compassion, and clarity. Led by Attorney LaToya McBean Pompy, a nationally recognized immigration attorney and 2024 & 2025 honoree of Best Lawyers: Ones to Watch®, McBean Law brings unmatched experience in both federal policy and courtroom advocacy. Before founding the firm in 2016, Attorney McBean Pompy served at the highest levels of government—including roles with the U.S. Department of Justice, U.S. Congress, and federal and state courts. 

Why the Marriage Green Card Interview Is So Important 

USCIS requires both spouses to attend the interview because the agency wants to confirm that your marriage is bona fide, real and not entered into for immigration purposes. 
At the interview, the officer will typically ask both of you questions about your relationship, your life together, and your future plans. If your spouse doesn’t appear, USCIS sees that as a red flag—and in most cases, the agency will deny your application unless there is a very good reason. 

Scenario 1: You Show Up Without Your Spouse 

Some people think they can show up alone and explain that their spouse just didn’t come, but they’re willing to answer all questions. Unfortunately, USCIS will not interview you by yourself. 
Instead, the officer will send you away and later issue a denial notice.  

Scenario 2: You Ask USCIS to Reschedule the Interview 

Another possibility is that you attend the interview without your spouse and ask USCIS to reschedule. This can sometimes work—but only if you provide solid proof of why your spouse could not attend. 
For example, if your spouse was in the hospital or had a medical emergency, USCIS will consider rescheduling if you bring supporting documentation, like a doctor’s note or hospital record. 
But if you show up without any evidence, USCIS will deny your case. 

Scenario 3: You Don’t Show Up At All 

Some immigrants feel too afraid to go to the interview without their spouse and decide not to attend. If you skip the interview without contacting USCIS, your case will be denied. 
If you call ahead of time and explain why your spouse can’t come, USCIS may consider rescheduling—but approvals are rare unless your explanation is strong and backed by proof. 

The Risks of Missing a Second Interview 

Sometimes USCIS issues a second interview, known as a Stokes interview, if the first interview didn’t go well. If you fail to attend this second interview, the risks are even greater. 
In many USCIS jurisdictions, missing a Stokes interview can trigger a fraud alert and even lead to a Notice to Appear in immigration court. That means your green card denial could escalate into removal proceedings. 
This is why timing matters. Missing a first interview is bad, but missing a second one can carry much harsher consequences. 
Check out the YouTube video “Spouse REFUSES to Attend Interview! What Should You Do Next?” with Attorney LaToya McBean Pompy for a deeper explanation of what happens when a spouse won’t attend the green card interview.  

Final Thoughts 

A marriage green card interview is one of the most critical steps in the immigration process. If your spouse refuses to attend, USCIS will almost always view it as a major problem, and the result is often denial unless you can show a strong, documented reason for their absence. Missing interviews—especially a second Stokes interview—can even lead to immigration court proceedings. But this doesn’t mean you’re out of options.  
The key is to act quickly, gather evidence, and work with an experienced immigration lawyer who understands how to guide you through the risks. At McBean Law, we help immigrants nationwide and globally navigate the marriage green card process, even when challenges like this arise. Schedule a consultation with us by calling (914) 898-9488 to get experienced legal support for your immigration journey. Follow us on YouTube, TikTok, Instagram, and Facebook for more resources and updates.  
You can also check out Attorney LaToya McBean Pompy’s Green Card Interview Prep for Couples course, a step-by-step program designed to help you walk into your interview with clarity and confidence. Preorder before September 15, 2025 and get 15% discount! 

FAQs: 

1. Can USCIS approve my marriage green card case if my spouse doesn’t attend the interview? 

No. Both spouses must attend. If your spouse doesn’t appear, USCIS won’t interview you alone and the case will almost always be denied. 

2. Can I reschedule my marriage green card interview if my spouse can’t come? 

Yes, but only with strong proof, such as a medical emergency backed by documentation. Without evidence, USCIS is likely to deny the request. 

3. What happens if I skip the interview altogether? 

Skipping the interview leads to denial. Missing a second Stokes interview can be even worse—triggering a fraud alert or even removal proceedings. 

4. What if my spouse is abusive and refuses to attend as a way of controlling me? 

That may qualify as abuse. You could still move forward under protections like the Violence Against Women Act (VAWA). 

5. Should I speak with an immigration lawyer if my spouse refuses to attend? 

Yes. A lawyer can assess your case, advise on rescheduling, explore VAWA, or guide you through other legal options. 

About the Author

mcbeanlawfirm

McBean Law, PLLC is a New York immigration law firm and your trusted partner in navigating the complexities of immigration law in the United States. From family-based visas to employment-based green cards, we specialize in guiding clients through every aspect of the immigration process with expertise and compassion. We help clients with obtaining waivers, removal defense, motions and appeals, humanitarian requests, consular processing, and naturalization and citizenship. With a focus on personalized support and a proven track record of success, our experienced team of New York immigration lawyers is here to help you achieve your dreams of a brighter future in the United States.

You may also like these