Case Ready to Schedule Interview to Fingerprint Review Completed Immihelp

It is possible to avert the dreaded I-751 interview. No couple wants to visit U.South. Citizenship and Immigration Services (USCIS) to be prodded with personal questions about their marriage. What's more, the stakes are high. If USCIS isn't convinced that you lot have a bona fide marriage, the conditional resident's status may be in jeopardy.

Every bit a matter of law (INA §216) a couple must announced for a personal interview in gild for USCIS to remove the atmospheric condition on residence. But if USCIS is thoroughly satisfied that you lot did non marry for the purpose of evading the immigration laws, they may waive the interview and corroborate the I-751 petition. Let'due south help you avoid the I-751 interview all together.

USCIS Determines the Demand for an I-751 Interview

The erstwhile USCIS Adjudicator's Field Manual and more recently issued policy memo provide guidance to USCIS officers on when to consider waiving the interview requirement for Form I-751. This policy memo applies to all I-751 petitions received on or after December 10, 2018. USCIS officers may consider waiving an interview if they are satisfied that:

• They can make a decision based on the record because it contains sufficient evidence about the bona fides of the marriage and that the matrimony was non entered into in society to evade U.Due south. immigration laws;
• USCIS has previously interviewed the principal petitioner (through the consular or adjustment interview process);
• There is no indication of fraud or misrepresentation in the Class I-751 or the supporting documentation; and
• There are no complex facts or bug that require an interview to resolve.

Initial Review

Initially, a USCIS Service Center volition review your I-751 petition. If fully satisfied that the marriage was not for the purpose of evading the immigration laws, the Service Eye may waive the interview and approve the petition. However, if they make up one's mind an interview is necessary, the case is sent to the Service Center'due south Adjudications Unit and given to an adjudicator to assign a fraud level. Subsequently, they assign a fraud level of A, B, or C to your case. The adjudicator uses documentation you submitted with the I-751 petition to make this determination.

Fraud Level Assigned

If the adjudicator is fully satisfied that the instance tin be approved, and so a fraud level of C is assigned. However, if the adjudicator is less than fully satisfied, simply all the same feels that (based on the information available at the time) the case tin exist approved, so a fraud level of B is assigned. Finally, if the adjudicator has serious concerns almost the approvability of the case and/or wants the applicant and the spouse to exist interviewed, then the instance would be assigned a fraud level of A.

LEVEL C	Reasons for Assigning Fraud Level C If assigned a fraud level C, it ways that there are no technical issues (signatures, missing data, lack of prove, etc.) and the USCIS adjudicator thinks the case can be approved (no interview necessary). All required supporting documents are attached and there is no indication of fraud or misrepresentation that can exist identified in the documents or through the biographic data of the parties involved.
LEVEL B	Reasons for Assigning Fraud Level B Fraud level B cases have no technical problems that demand correction and have the minimum number of proper supporting documents, but there is something, or an absence of something that creates suspicion well-nigh the bona fides of the marriage, the veracity of the evidence, etc. The reasons for suspicion are and then varied that a concise list cannot be made. An instance would be where the I-751 is supported past the minimum required number of documents, notwithstanding the documents are all of contempo origin.
LEVEL A	Reasons for Assigning Fraud Level A USCIS may assign fraud level A when the adjudicator strongly suspects fraud. Reasons USCIS might assign fraud level A include: the petitioner fails to sign the grade; there is insufficient bear witness; a large age difference exists between the spouses; the married couple is not living together; a prior I-751 was denied; the petition was filed untimely without a adept reason for beingness tardily; or any other reasons as the service center manager may determine.

Once USCIS determines the fraud level, they send the case to the field office in your area. The field office assigns a percentage to each fraud level. USCIS volition interview all level A cases. The field office may choose to interview between 30% to 100% of all level B cases; and between 10% and fifty% of all level C cases.

In summary, this ways that a very well-prepared I-751 petition will likely avoid the I-751 interview. But the field role may randomly select fifty-fifty some strong cases for an interview.

How Conditional Residents Tin Avoid the Interview

USCIS determines the need for an I-751 interview, and USCIS has discretion to waive the interview. But there are things you tin exercise to profoundly improve your chances of avoiding it.

File a Well-Prepared Grade I-751 Petition

Remember, the purpose of conditional residence is to prove that yous entered marriage with the genuine intent to stay married together. If there is insufficient evidence to testify a bona fide wedlock or at that place are circumstances that heighten questions about your matrimony, USCIS is more likely to schedule the interview.

In fact, even waiver cases (petitions not filing jointly) may be approved without an interview when they are accompanied past sufficient supporting documentation to establish the bona fides of the matrimony. Keep in heed, waiver cases are more complex and require additional documentation to institute eligibility for the requested waiver. CitizenPath recommends that you speak to an attorney earlier filing Form I-751 with a waiver.

Commencement, prepare Form I-751, Petition to Remove Weather on Residence. You may download the course and filing instructions from the USCIS website, or use CitizenPath to help you fix the course in nigh twenty minutes. Designed by immigration attorneys, the CitizenPath website guides users through Course I-751 with step-by-step instructions and even alerts users when there's a problem. Try it for gratis.

Submit Stiff Evidence of a Bona Fide Matrimony

Next, gather show indicating that the marriage upon which you were granted conditional condition was entered in "expert faith" and was not for the purpose of circumventing immigration laws. Submit copies of equally many documents as you can to plant this fact and to demonstrate the circumstances of the relationship from the date of matrimony to the present date, and to demonstrate whatsoever circumstances surrounding the end of the human relationship, if information technology has ended. We've compiled a list of 33 dandy documents for proving a bona fide marriage.

Example Bear witness

The supporting documents may include, merely are non be express to, the following examples:

• Birth certificate(southward) of child(ren) built-in to the spousal relationship.
• Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence.
• Financial records showing joint buying of assets and articulation responsibility for liabilities, such equally:
  • articulation savings and checking accounts with transaction history
  • articulation credit carte du jour statements
  • insurance policies that show the other spouse equally the beneficiary
  • joint Federal and State tax returns
  • joint utility bills
  • championship of machine showing joint ownership
  • other joint loans
• Any other documents that you consider relevant to establish that your marriage was not entered for the purpose of evading U.S. immigration laws.
• Affidavits sworn to or affirmed by at to the lowest degree two people who accept known both of you since your conditional residence was granted and take personal knowledge of your union and relationship. Learn How to Write an I-751 Affidavit.
• 10-twenty photographs of married couple together. Examples could include wedding photos, traveling, special events with family and friends, etc. (You lot should likewise paw write the identify, names and dates on the back of photos.)

Above all, financial and insurance records can exist some of the strongest prove that yous have a bona fide matrimony. Sharing ownership of assets and responsibility for financial obligations is a good indicator that a couple plans to remain together and build a life.

As you can run into, your best strategy to avert an I 751 interview is to prepare a strong I-751 petition with overwhelming evidence to testify a proficient religion union. You want the USCIS Service Centre to quickly approve your petition instead of forwarding information technology to the field office.

RECOMMENDED: What Happens Afterwards Filing the I-751 Petition

How to Fix for the Course I-751 Interview

This article assumes that yous have filed the I-751 petition jointly with your spouse and you continue to remain a married couple. If you filed I-751 petition with a waiver (for any reason) or filed jointly and have since separate up, CitizenPath recommends that you contact an experienced clearing attorney before attending the I-751 interview. These cases are more than complex and require special consideration and strategy from a legal expert.

Nonetheless, there are some best practices when preparing for the I-751 interview:

• Gather Supporting Prove of Your Good Faith Wedlock

  If you prepared a strong I-751 petition to prove a good religion marriage when yous originally filed, you should have kept a re-create of these documents. Shared bank accounts, shared financial responsibilities, travel records, wedding records, and children built-in into the spousal relationship help support your bona fide marriage. If you have new evidence, you lot may accept it to the interview (in case you lot need it).

• Dress Formally

  Formal apparel communicates that you take the interview seriously. Dress as if you are going to the church or a job interview.

• Make it Early to the I-751 Interview

  Get to the interview location a half an hour ahead of the scheduled time. Avoid rescheduling the interview unless information technology is absolutely necessary.

• Be Honest and Open about your Relationship

  The USCIS officer will probable ask questions about how you spend your lives together. For case, the officer may ask you how you celebrated a spouse's altogether, what foods he or she enjoys, and what your spouse's friends are like.

  The I-751 interview will likely dive into some very personal issues about your spousal relationship. If you lot are a individual person, or if you are from a cultural background where talking about relationship issues is somewhat taboo, you may want to fix yourself by talking to a friend or relative. Although this is not a complete list, and some of the subjects may non exist covered at all, here is a listing of some topics that you should be prepared to discuss:

  • How and where yous met your spouse
  • Your relationship with your spouse's family
  • The length of your courtship
  • How you spend time together

  If your I-751 petition package did not include sufficient evidence of shared fiscal and/or insurance records, yous should expect USCIS to inquire why. If the couple doesn't alive together, USCIS volition want to know more. In many cases, couples accept very reasonable explanations.

As long as you are honest throughout the process, you'll take no trouble answering the interviewer's questions.

Meliorate Your Chances of Skipping the Interview

CitizenPath provides simple, affordable, pace-by-step guidance through USCIS immigration applications. Individuals, attorneys and not-profits use the service on desktop or mobile device to prepare immigration forms accurately, avoiding costly delays. CitizenPath allows users to attempt the service for free and provides a 100% money-back guarantee that USCIS will approve the awarding or petition. We provide back up for the Petition to Remove Conditions on Residence (Course I-751), the Citizenship Application (Form Due north-400), and several USCIS immigration forms.

Note to Reader: This post was originally published on August 25, 2015, and has been modified with improvements.

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Source: https://citizenpath.com/avoiding-i-751-interview/