What to Do If Your Spouse Skips Your Marriage-Based Green Card Interview? 

Navigating the marriage green card process can be challenging, especially when unexpected issues arise with your U.S. Citizen or green card holder spouse. One significant hurdle is if your Petitioner spouse, who is crucial to your application, decides not to attend the scheduled marriage green card interview. 

LaToya McBean Pompy and her team of experienced immigration lawyers work with clients from across the country and around the world, championing the belief that freedom shouldn’t be delayed. If you need help in obtaining a visa, green card or U.S. citizenship, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of immigration attorneys, who are here to help you. 

Marriage-Based Green Card Scenarios and What You Can Do  

Scenario 1: Showing Up Alone to Your Green Card Interview 

Imagine you arrive at the USCIS immigration office on the day of your marriage green card interview, only to find that your Petitioner spouse is absent. You might think you can simply explain the situation to the USCIS officer and proceed with the interview. Unfortunately, that’s not the case.  

USCIS will not conduct the marriage-based green card interview without both spouses present. If you show up alone, they will likely turn you away and send you a denial letter. It’s crucial to have your spouse present for this critical step in your green card application process. 

Scenario 2: Requesting to Reschedule Your Marriage-Based Green Card Interview 

What if you decide to explain the absence of your spouse and request to reschedule the interview? This might be an option if you can provide a valid reason and supporting documentation. For example, if your spouse is dealing with a medical emergency, presenting a doctor’s note or an emergency room report can help your case.  

USCIS may consider rescheduling under these circumstances. However, if you ask to reschedule without providing evidence for your spouse’s absence, they are unlikely to accommodate your request, leading to a denial of your application. 

Scenario 3: Not Appearing at All to Your Marriage-Based Green Card Interview 

Choosing not to appear for your green card interview at all can be a risky move. If you decide to skip the immigration interview and take no action, your marriage-based green card case will be denied. If you decide not to attend but want to inform USCIS beforehand, your chances of rescheduling are slim but not impossible. It’s a difficult path to navigate and may not always lead to a favorable outcome. 

Consequences of Not Attending Your Marriage-Based Green Card Interview 

Not attending an interview, especially an immigration Stokes interview (which is a more intensive second marriage-based green card interview), can have serious consequences. Missing a Stokes interview can trigger a fraud alert, potentially leading to removal proceedings in immigration court. This makes it even more important to handle the situation correctly and seek an experienced immigration lawyer. 

Special Considerations 

In cases where there are issues like domestic violence or threats from your spouse, it’s essential to seek an experienced immigration lawyer immediately. If your spouse is using the interview as leverage or making threats, this could be a sign of abuse. Our team of experienced immigration attorneys can provide the support you need and help navigate these complex issues to protect your rights and interests. 

Navigating a green card interview without your spouse can be stressful and confusing, but understanding your options can help. If you find yourself in this situation, consider reaching out to an immigration lawyer who can provide personalized advice and help you find the best path forward. 
Remember, if you’re facing challenges with your green card application or dealing with a difficult situation in your marriage, don’t hesitate to contact us. We’re here to help you through every step of the process. 

Planning Your Roadmap to Success   

Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become a reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.   

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LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.