Tips for Avoiding the Form I-751 Interview

It’s attainable to keep away from the dreaded I-751 interview. No couple desires to go to U.S. Citizenship and Immigration Providers (USCIS) to be prodded with private questions on their marriage. What’s extra, the stakes are excessive. If USCIS isn’t satisfied that you’ve a bona fide marriage, the conditional resident’s standing could also be in jeopardy.

As a matter of legislation (INA §216) a pair should seem for a private interview to ensure that USCIS to take away the circumstances on residence. But when USCIS is completely happy that you simply didn’t marry for the aim of evading the immigration legal guidelines, they might waive the interview and approve the I-751 petition. Let’s allow you to keep away from the I-751 interview all collectively.

USCIS Determines the Want for an I-751 Interview

The previous USCIS Adjudicator’s Discipline Handbook and extra just lately issued coverage memo present steering to USCIS officers on when to contemplate waiving the interview requirement for Kind I-751. This coverage memo applies to all I-751 petitions acquired on or after December 10, 2018. USCIS officers could contemplate waiving an interview if they’re happy that:

• They will decide based mostly on the file as a result of it comprises adequate proof in regards to the bona fides of the wedding and that the wedding was not entered into to be able to evade U.S. immigration legal guidelines;
• USCIS has beforehand interviewed the principal petitioner (by the consular or adjustment interview course of);
• There isn’t any indication of fraud or misrepresentation within the Kind I-751 or the supporting documentation; and
• There are not any advanced info or points that require an interview to resolve.

Preliminary Overview

Initially, a USCIS Service Middle will overview your I-751 petition. If totally happy that the wedding was not for the aim of evading the immigration legal guidelines, the Service Middle could waive the interview and approve the petition. Nevertheless, in the event that they decide an interview is critical, the case is shipped to the Service Middle’s Adjudications Unit and given to an adjudicator to assign a fraud degree. Subsequently, they assign a fraud degree of A, B, or C to your case. The adjudicator makes use of documentation you submitted with the I-751 petition to make this willpower.

Fraud Degree Assigned

If the adjudicator is totally happy that the case may be authorised, then a fraud degree of C is assigned. Nevertheless, if the adjudicator is lower than totally happy, however nonetheless feels that (based mostly on the knowledge out there on the time) the case may be authorised, then a fraud degree of B is assigned. Lastly, if the adjudicator has severe issues in regards to the approvability of the case and/or desires the applicant and the partner to be interviewed, then the case can be assigned a fraud degree of A.

LEVEL C	Causes for Assigning Fraud Degree C If assigned a fraud degree C, it implies that there are not any technical issues (signatures, lacking info, lack of proof, and so forth.) and the USCIS adjudicator thinks the case may be authorised (no interview essential). All required supporting paperwork are connected and there’s no indication of fraud or misrepresentation that may be recognized within the paperwork or by the biographic information of the events concerned.
LEVEL B	Causes for Assigning Fraud Degree B Fraud degree B circumstances haven’t any technical issues that want correction and have the minimal variety of correct supporting paperwork, however there’s something, or an absence of one thing that creates suspicion in regards to the bona fides of the wedding, the veracity of the proof, and so forth. The explanations for suspicion are so various {that a} concise listing can’t be made. An instance can be the place the I-751 is supported by the minimal required variety of paperwork, nevertheless the paperwork are all of current origin.
LEVEL A	Causes for Assigning Fraud Degree A USCIS could assign fraud degree A when the adjudicator strongly suspects fraud. Causes USCIS would possibly assign fraud degree A embrace: the petitioner fails to signal the shape; there’s inadequate proof; a big age distinction exists between the spouses; the married couple shouldn’t be residing collectively; a previous I-751 was denied; the petition was filed premature and not using a good cause for being late; or some other causes because the service middle director could decide.

As soon as USCIS determines the fraud degree, they ship the case to the sphere workplace in your space. The sphere workplace assigns a share to every fraud degree. USCIS will interview all degree A circumstances. The sphere workplace could select to interview between 30% to 100% of all degree B circumstances; and between 10% and 50% of all degree C circumstances.

In abstract, because of this a really well-prepared I-751 petition will seemingly keep away from the I-751 interview. However the area workplace could randomly choose even some robust circumstances for an interview.

How Conditional Residents Can Keep away from the Interview

USCIS determines the necessity for an I-751 interview, and USCIS has discretion to waive the interview. However there are issues you are able to do to tremendously enhance your probabilities of avoiding it.

File a Properly-Ready Kind I-751 Petition

Bear in mind, the aim of conditional residence is to show that you simply entered marriage with the real intent to remain married collectively. If there’s inadequate proof to show a bona fide marriage or there are circumstances that increase questions on your marriage, USCIS is extra more likely to schedule the interview.

In truth, even waiver circumstances (petitions not submitting collectively) could also be authorised with out an interview when they’re accompanied by adequate supporting documentation to ascertain the bona fides of the wedding. Take into account, waiver circumstances are extra advanced and require further documentation to ascertain eligibility for the requested waiver. CitizenPath recommends that you simply communicate to an lawyer earlier than submitting Kind I-751 with a waiver.

First, put together Kind I-751, Petition to Take away Situations on Residence. You might obtain the shape and submitting directions from the USCIS web site, or use CitizenPath that will help you put together the shape in about 20 minutes. Designed by immigration attorneys, the CitizenPath web site guides customers by Kind I-751 with step-by-step directions and even alerts customers when there’s an issue. Attempt it totally free.

Submit Sturdy Proof of a Bona Fide Marriage

Subsequent, collect proof indicating that the wedding upon which you had been granted conditional standing was entered in “good religion” and was not for the aim of circumventing immigration legal guidelines. Submit copies of as many paperwork as you may to ascertain this reality and to reveal the circumstances of the connection from the date of marriage to the current date, and to reveal any circumstances surrounding the tip of the connection, if it has ended. We’ve compiled an inventory of 33 nice paperwork for proving a bona fide marriage.

Instance Proof

The supporting paperwork could embrace, however should not be restricted to, the next examples:

• Beginning certificates(s) of kid(ren) born to the wedding.
• Lease or mortgage contracts displaying joint occupancy and/or possession of your communal residence.
• Monetary data displaying joint possession of property and joint accountability for liabilities, equivalent to:
  • joint financial savings and checking accounts with transaction historical past
  • joint bank card statements
  • insurance coverage insurance policies that present the opposite partner because the beneficiary
  • joint Federal and State tax returns
  • joint utility payments
  • title of automobile displaying joint possession
  • different joint loans
• Another paperwork that you simply contemplate related to ascertain that your marriage was not entered for the aim of evading U.S. immigration legal guidelines.
• Affidavits sworn to or affirmed by a minimum of two individuals who have identified each of you since your conditional residence was granted and have private information of your marriage and relationship. Be taught Learn how to Write an I-751 Affidavit.
• 10-20 images of married couple collectively. Examples may embrace marriage ceremony images, touring, particular occasions with household and buddies, and so forth. (You also needs to hand write the place, names and dates on the again of images.)

Above all, monetary and insurance coverage data may be a few of the strongest proof that you’ve a bona fide marriage. Sharing possession of property and accountability for monetary obligations is an effective indicator {that a} couple plans to stay collectively and construct a life.

As you may see, your finest technique to keep away from an I 751 interview is to arrange a robust I-751 petition with overwhelming proof to show an excellent religion marriage. You need the USCIS Service Middle to shortly approve your petition as an alternative of forwarding it to the sphere workplace.

RECOMMENDED: What Occurs After Submitting the I-751 Petition

Learn how to Put together for the Kind I-751 Interview

This text assumes that you’ve filed the I-751 petition collectively together with your partner and also you proceed to stay a married couple. If you happen to filed I-751 petition with a waiver (for any cause) or filed collectively and have since cut up up, CitizenPath recommends that you simply contact an skilled immigration lawyer earlier than attending the I-751 interview. These circumstances are extra advanced and require particular consideration and technique from a authorized skilled.

Nonetheless, there are some finest practices when making ready for the I-751 interview:

• Collect Supporting Proof of Your Good Religion Marriage

  If you happen to ready a robust I-751 petition to show an excellent religion marriage while you initially filed, you need to have stored a replica of those paperwork. Shared financial institution accounts, shared monetary duties, journey data, marriage ceremony data, and kids born into the wedding assist help your bona fide marriage. When you have new proof, chances are you’ll take it to the interview (in case you want it).

• Gown Formally

  Formal gown communicates that you simply take the interview severely. Gown as if you’ll the church or a job interview.

• Arrive Early to the I-751 Interview

  Get to the interview location a half an hour forward of the scheduled time. Keep away from rescheduling the interview until it’s completely essential.

• Be Trustworthy and Open about your Relationship

  The USCIS officer will seemingly ask questions on the way you spend your lives collectively. For instance, the officer could ask you the way you celebrated a partner’s birthday, what meals she or he enjoys, and what your partner’s buddies are like.

  The I-751 interview will seemingly dive into some very private points about your marriage. If you’re a personal particular person, or if you’re from a cultural background the place speaking about relationship points is considerably taboo, chances are you’ll need to put together your self by speaking to a buddy or relative. Though this isn’t an entire listing, and a few of the topics might not be lined in any respect, here’s a listing of some subjects that you need to be ready to debate:

  • How and the place you met your partner
  • Your relationship together with your partner’s household
  • The size of your courtship
  • The way you spend time collectively

  In case your I-751 petition bundle didn’t embrace adequate proof of shared monetary and/or insurance coverage data, you need to count on USCIS to ask why. If the couple doesn’t reside collectively, USCIS will need to know extra. In lots of circumstances, {couples} have very cheap explanations.

So long as you might be trustworthy all through the method, you’ll haven’t any downside answering the interviewer’s questions.

Enhance Your Probabilities of Skipping the Interview

CitizenPath supplies easy, reasonably priced, step-by-step steering by USCIS immigration purposes. People, attorneys and non-profits use the service on desktop or cell gadget to arrange immigration kinds precisely, avoiding expensive delays. CitizenPath permits customers to strive the service totally free and supplies a 100% money-back assure that USCIS will approve the applying or petition. We offer help for the Petition to Take away Situations on Residence (Kind I-751), the Citizenship Software (Kind N-400), and several other USCIS immigration kinds.

Notice to Reader: This put up was initially printed on August 25, 2015, and has been modified with enhancements.