I-751 – How to avoid being called for an Interview by USCIS
Under the law USCIS is allowed to require a couple to appear for a personal interview in order for the conditions of residence to be removed.
However if if USCIS is satisfied that the marriage was bona fide and not fraudulent, they may waive the interview and approve the I-751 petition.
A well prepared I-751 petition will likely avoid the I-751 interview, however some strong cases will be randomly selected for an interview.
If an interview is deemed necessary, the case is sent to the Service Center’s Adjudications Unit and given to an adjudicator to assign a fraud level.
Keep in mind that the the purpose of the I-751 petition is to prove that your marriage was entered on the genuine basis of living a life together. If there is insufficient evidence to prove a bona fide marriage or there are circumstances that raise questions about your marriage, USCIS is more likely to schedule the interview.
Gather evidence indicating that the marriage upon which you were granted conditional status was entered in “good faith” and was not for the purpose of circumventing immigration laws.
Submit copies of as many documents as you can to establish this fact and to demonstrate the circumstances of the relationship from the date of marriage to the present date, and to demonstrate any circumstances surrounding the end of the relationship, if it has ended.
The documents may include but not be limited to, the following examples:
- Birth certificate(s) of child(ren) born to the marriage.
- Lease or mortgage contracts showing joint occupancy and/or ownership of your communal residence.
- Financial records showing joint ownership of assets and joint responsibility for liabilities, such as:
- joint savings and checking accounts with transaction history
- joint credit card statements
- joint Federal and State tax returns
- joint insurance policies that show the other spouse as the beneficiary
- joint utility bills
- title of car 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 least two people who have known both of you since your conditional residence was granted and have personal knowledge of your marriage and relationship.
- 10-20 photographs of married couple together. Examples could include wedding photos, traveling, special events with family and friends, etc. (You should also hand write the place, names and dates on the back of photos.)
Financial and insurance records can be some of the strongest evidence that you have a bona fide marriage. Sharing ownership of assets and responsibility for financial obligations is a good indicator that a couple plans to remain together and build a life.
Remember, it is always wise to consult with an experience immigration attorney if you have any questions or require assistance.