For a Spousal Green Card Interview, there are two (2) important facts: (1) first, marriage is composed of two people and both are required to attend, and (2) the interview notice states BOTH spouses must attend.
In the situation of an active-duty service member, USCIS has certain policies and everything depends on the situation.
Deployment, TDY/TAD, MUE, and PCS Abroad Situation
If the service member is OVERSEAS, USCIS can usually waive the interview requirement for the service member. However, the following should be mailed to the local field office and taken to the interview:
- Official Orders
- Letter from Command stating service member’s inability to attend
USCIS may waive the service member’s attendance; however, there are instances where the interview can be rescheduled as the USCIS Officer (in their discretion) can wait to process the filing until BOTH spouses are present.
Training out-of-state Situation
The service member SHOULD BE ABLE to be excused from training for 1 day. Immigration and Legal Matters are excusable matters in the Military. Even an E-8 or Officer should be able to be excused.
If the service member is deemed “Essential” and absence from training cannot be provided, USCIS may waive the service member’s attendance; however, the interview can be rescheduled as the USCIS Officer (in their discretion) can wait to process the filing until BOTH spouses are present.
The following should be mailed to the local field office and taken to the interview:
- Official Orders
- Letter from Command stating service member’s inability to attend due to Mandatory Training and no absence can be excused
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