If you are applying for a marriage-based immigrant visa (a green card) through the procedure known as consular processing, you will eventually have to go to a U.S. embassy or consulate for an in-person interview. Many applicants wonder if their petitioning U.S. citizen or lawful permanent resident spouse will need to attend the interview with them. This raises legal, practical, and strategic questions, as discussed below.
Note: This article covers only interviews at U.S. embassies or consulates overseas. If you are applying for a marriage-based green card and will be interviewed inside the U.S., using the procedure known as adjustment of status, the U.S. spouse will definitely have to attend the interview with you, at an office of U.S. Citizenship and Immigration Services (USCIS).
In most cases, a petitioning U.S. spouse does not need to attend a consular interview. Since the purpose of the interview is to determine whether the applicant is eligible for a visa, there is no need for the petitioner (the U.S. citizen or legal permanent resident spouse, in the case of a marriage-based visa application) to travel to another country to attend as well. The U.S. spouse has already proven the legalities of the marriage relationship, in the course of obtaining an approved I-130 petition.
In addition, it is often difficult for the immigrant's U.S. spouse; especially one who lives in the United States; to travel to the consulate. However, any children who are at least 14 years old and are included in the immigrant visa petition do have to attend the consular interview. If children have their own I-130 petition, they will need to attend the interview regardless of age. (See When Children Can Immigrate to the U.S. With Their Parents as "Derivatives".)
If you would like to bring your petitioning U.S. spouse with you to your consular interview, perhaps for emotional support, or for help in answering questions about financial matters (the U.S. spouse is, after all, required to serve as the immigrant(s)' financial sponsor and complete and sign a Form I-864 Affidavit of Support on their behalf), the matter of whether they are permitted to attend will depend on the consulate's policy
Each consulate is free to determine its own rules and procedures for such things. At some, due to limited space, a U.S. spouse will not even be permitted to wait with the applicant in the waiting room. During the pandemic, many consulates enacted strict rules prohibiting anyone who was not being interviewed from entering the consulate. In some places, these rules are still in effect. At other consulates, a U.S. petitioning spouse might be allowed to actually sit in on the interview.
Whether or not your U.S. spouse is permitted to attend the actual interview, you still might find it helpful to have them in-country to help you with other aspects of the process.
For information about the rules at the U.S. consulate where your interview will be held, visit the consulate's website and check the "interview guidelines," or contact it directly.
If your immigration case presents any of certain types of legal complications or red flags, it might be helpful to have the U.S. spouse attend the consular interview, if possible. If, for example, you had a very short courtship, have spent very little time with your spouse, or your U.S. spouse has petitioned for another spouse in the past, then the interviewer will be seeking to determine whether there is any reason to believe that your marriage was entered into fraudulently, that is, for immigration purposes.
While the U.S. spouse's presence (or absence) should not be considered a major factor in either direction, it certainly cannot hurt for the consular interviewer to see that the U.S. spouse was willing to spend the time and money to be there by the immigrant's side.
It's even possible that if you arrive at the interview without your spouse, you will be asked to explain why they're not with you, if you are being interviewed at a consulate that routinely permits U.S. spouses to attend the interview. Questions like these are often asked as a way of gaining insight into the nature of your marriage. The interviewer might be looking to see if there is a "good" reason why the U.S. spouse is not there, such as travel difficulties, work obligations, or the need to stay home to take care of young children.
Whether or not your spouse attends the interview, you should still take evidence with you to demonstrate that your relationship is bona fide. (Also see What's a Valid, Bona Fide Marriage for U.S. Immigration Purposes?)
In rare cases, U.S. consular officials specifically ask that an applicant bring the U.S. spouse to the interview, or schedule a telephone interview with them. However, this usually only if the consular officer cannot make a determination of eligibility during the initial interview. This request could be for any number of reasons, and might not be cause for panic. But if this happens, understand that it is also possible that U.S. officials have some reason to suspect that your application contains false information about your U.S. spouse or that your marriage is fraudulent (in which case you and your spouse will probably be interviewed separately and then your answers compared in the overseas equivalent of a Stokes interview).
If your spouse has been asked to attend your consular interview, either in-person or telephonically, you might want to contact a lawyer to discuss whether there are potential problems with your application.
You, the immigrant should remember that you are the one being interviewed. The consular officer will become concerned if it appears that the U.S. spouse is the only one who can or will provide information in the case. The U.S. spouse should remain quiet unless the interviewer asks a direct question.
If you have any questions about whether your U.S. spouse is expected to attend your consular interview, or whether your spouse will be allowed to accompany you, contact the consulate where your interview will be held. You can find links to U.S. embassy and consulate websites at USEmbassy.gov and further information in the "interview guidelines" section of each consular section's immigrant visa information page.
If you are worried about any aspect of your marriage-based immigration application, or want guidance on how to handle the consular interview for an immigrant visa, contact an experienced immigration attorney. The attorney will have handled many such cases in the past, and can spot potential problems and suggest how to handle them.
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