1. What is the purpose of an I-751 interview?
The purpose of an I-751 interview is to determine whether the marriage on which the petitioner’s conditional green card was based is bona fide (genuine) or not. The USCIS officer conducting the interview will ask questions and review evidence to assess the validity of the marriage and ensure that it was not entered into for the sole purpose of obtaining a green card. This helps maintain the integrity of the immigration system and prevent fraud.2. How long does it typically take for USCIS to schedule an I-751 interview?
The processing time for an I-751 interview can vary depending on the workload of the USCIS office and the complexity of the case. On average, it can take anywhere from several months to a year or more to schedule an interview after filing the form.3. What documents are required to be brought to the I-751 interview?
The following documents are typically required to be brought to the I-751 interview:
1. Original and current passport for each applicant
2. Form I-751 receipt notice (Form I-797)
3. Permanent resident card (also known as a green card) for each applicant if still valid
4. If divorced, certified copies of any divorce or annulment decrees
5. If there have been any changes in marital status since the initial approval of the permanent residence, provide marriage and/or birth certificates for any subsequent spouse or children.
6. Any additional evidence of shared finances, joint assets, or joint debts (such as bank statements, loan documents, lease agreements, etc.)
7. Proof of continuing relationship such as photographs together, letters/emails/texts exchanged between both parties, evidence of joint travel or vacations together
8. Evidence to show that the marriage was entered into in good faith and not solely for immigration purposes (such as wedding invitations, engagement photos, testimony from family and friends)
9. Any other supporting documentation that demonstrates a bona fide marriage or ongoing relationship between both parties.
Note: It is always best to check the USCIS website for any recent updates or changes to the required documents list before attending your interview.
4. Will both spouses need to attend the I-751 interview?
Based on current immigration policies, both spouses will need to attend the I-751 interview together. This is because both individuals are considered joint petitioners and must provide evidence of their bona fide marriage. However, in certain cases where one spouse is unable to attend the interview due to exceptional circumstances or if the couple has already obtained a legal separation or divorce, USCIS may make an exception and allow only one spouse to attend the interview.5. What happens if only one spouse can attend the interview?
If only one spouse can attend the interview, the other spouse should inform the U.S. Citizenship and Immigration Services (USCIS) ahead of time and provide a valid reason for their absence. The attending spouse will be expected to answer questions on behalf of both spouses and will need to bring all necessary supporting documents for the visa application process.
If the absent spouse is the primary applicant, it may lead to delays in the processing of the visa application as USCIS may require additional information or documentation from them. It is always best for both spouses to attend the interview together if possible.
6. Can my attorney accompany me to the I-751 interview?
Yes, your attorney can accompany you to the I-751 interview. In fact, it is recommended to have legal representation at the interview to ensure that all necessary documents and information are presented accurately and effectively. Your attorney can also help answer any questions or clarify any concerns during the interview process. However, if you cannot afford an attorney, you are not required to have one present at the interview.
7. Can children attend the I-751 interview with their parents?
In general, children who are listed as dependents on the parent’s I-751 petition are not required to attend the interview. However, USCIS may request that the child attend in certain circumstances, such as if there are concerns about the legitimacy of the marriage. If your child is requested to attend, it is important to comply with USCIS’s instructions.
8. Does USCIS notify me when my case is ready for an interview?
Yes, USCIS will typically notify you when your case is ready for an interview. You should receive a notice in the mail with instructions on how to prepare for your interview and what documents to bring. It is important to carefully review this notice and follow all instructions provided.
9. Can I reschedule my I-751 interview if necessary?
Yes, if you are unable to attend your scheduled I-751 interview for valid reasons, you can request to reschedule the interview by contacting the USCIS office where your interview is scheduled. It is important to provide a detailed explanation and any supporting documentation for the need to reschedule. The USCIS officer will review your request and may grant or deny it based on their discretion.
10. Will the USCIS officer go through our marriage history and ask personal questions during the interview?
This depends on the specific officer and their approach to interviews. While it is possible that they may ask some questions about your marriage history, they will likely focus more on verifying the legitimacy of your relationship and assessing whether you meet the eligibility requirements for a green card through marriage. It is important to be prepared to answer any questions about your relationship truthfully and provide evidence to support your answers.
11. What kind of questions will be asked during an I-751 interview?
During an I-751 interview, the USCIS officer will ask questions related to your marriage and the authenticity of your relationship. Some common questions include:
1. When and where did you meet your spouse?
2. How did you get married?
3. What do you know about your spouse’s background, family, and personal history?
4. Where do you live now? When did you move there?
5. Do you have any joint assets or finances with your spouse? If yes, can you provide evidence?
6. Do you have health insurance through your spouse’s employer? If not, why not?
7. How do you and your spouse share household responsibilities?
8. Have you taken any trips or vacations together since getting married? Can you provide evidence?
9. What kind of communication do you have with each other while apart? (phone calls, emails, texts)
10. Do you have children together? If yes, how many and what are their names and ages?
11. Can you describe the last time you went out on a date with your spouse?
12. Have either of you been previously married? If yes, what were the circumstances of the previous marriage(s)?
13. Why did you choose to marry this particular person?
14. What plans do you have for the future as a couple?
It is important to answer these questions truthfully and provide evidence to support your answers whenever possible.
12. Are there any specific things we should not say or do during the I-751 interview?
Yes, there are some specific things that you should avoid saying or doing during the I-751 interview:
1. Do not argue with the immigration officer: The purpose of the interview is to provide evidence and answer questions about your marriage. It is important to remain respectful and avoid any arguments or confrontations with the officer.
2. Do not lie or provide false information: It is important to be honest during the interview and provide accurate information. Lying or providing false information may result in serious consequences such as denial of your application, and potential deportation.
3. Do not rely on memory alone: While it is important to be honest, it is also okay to refer to documents if you don’t remember specific dates or details about your marriage.
4. Avoid making assumptions: Stick to what you know and avoid making assumptions about questions asked by the officer. If you don’t understand a question, ask for clarification instead of guessing.
5. Do not bring unrelated documents: Bring only relevant documents that support your case and avoid bringing any unnecessary paperwork, such as personal letters or photos that are not related to your marriage.
6. Do not bring unauthorized individuals to the interview: Only the spouse who filed the petition and their dependent children are allowed to attend the interview. Bringing friends or family members who are not part of your petition may raise red flags.
7. Do not make negative comments about your spouse: Even if your relationship has had its challenges, it is important to remain positive and avoid making negative comments about your spouse during the interview.
8. Do not talk about future plans before receiving approval: The purpose of this interview is to determine if your marriage is genuine at the time of filing and up until now. Talking about future plans may suggest that you entered into a fraudulent marriage for immigration purposes.
9. Avoid discussing sensitive topics: Some topics can be sensitive and may create unnecessary tension between you and the officer, such as politics or religion. It is best to avoid discussing these topics during the interview.
10. Do not interrupt the officer: Allow the officer to ask their questions and do not interrupt them while they are speaking. If you have a question or need clarification, wait until they are done speaking.
11. Do not get defensive: If the officer asks you for more evidence or information, it does not mean that your application will be denied. Getting defensive may create a negative impression on the officer.
12. Do not forget to bring required documents: Make sure to review the USCIS website and bring all of the necessary documents to your interview, such as IDs, passports, birth certificates, and other evidence of your marriage. Forgetting essential documents can delay processing of your application.
13. Do we need to provide additional evidence at the time of the I-751 interview?
Yes, it is possible that the USCIS officer may request additional evidence at the time of the I-751 interview. This could include updated financial documents, joint assets or property, bills and expenses showing cohabitation, joint tax returns, photos and affidavits from friends and family attesting to the authenticity of your marriage. It is important to be prepared with any potential evidence that could help strengthen your case during the interview.
14. How can we prepare for a successful I-751 interview?
1. Review all documentation: Make sure you have all the required documentation for your I-751 petition. This includes evidence of your bona fide marriage, such as joint bank account statements, joint lease or mortgage agreements, and photos of you and your spouse together.2. Prepare for questions about your relationship: The USCIS officer will likely ask you questions about your relationship with your spouse to confirm it is a bona fide marriage. Be prepared to answer questions about how you met, where you went on dates, and other personal details about your relationship.
3. Practice good communication with your spouse: During the interview, the USCIS officer may ask both spouses separate questions to compare their answers and determine if they match. Make sure you are both on the same page about key details of your relationship.
4. Dress appropriately: Treat the interview like a job interview and dress professionally. This will help make a good impression and show that you are taking the process seriously.
5. Arrive early: Plan to arrive at least 15 minutes early for the interview to allow time for unexpected delays or traffic.
6. Bring original documents: Make sure to bring all original documents requested by USCIS, along with copies for your own records.
7. Organize your evidence: Have all the required documentation organized in a logical order so that it is easy to find and present during the interview.
8. Familiarize yourself with local office procedures: Each USCIS field office may have its own procedures for interviews, so it is important to familiarize yourself with these before attending your interview.
9. Know what to expect: Read through immigration forums or consult an immigration attorney familiar with local policies so that you know what to expect during the interview process.
10. Be honest: It is crucial to be completely honest during the interview process. The USCIS officer has access to any previous applications or forms submitted, so any discrepancies can result in serious consequences.
11. Answer questions succinctly and calmly: Avoid rambling or getting too emotional when answering questions during the interview. Be truthful, concise, and remain calm throughout.
12. Bring a translator if necessary: If you or your spouse are not fluent in English, bring a certified translator to the interview to ensure clear communication with the USCIS officer.
13. Pay attention and take notes: The USCIS officer may provide important information during the interview, so make sure to pay attention and take notes if necessary.
14. Follow up after the interview: If additional evidence is requested after the interview, make sure to submit it promptly. Follow up with USCIS if you do not receive a decision within the expected timeframe.
15. Is it possible for USCIS to deny our application at the time of the I-751 interview?
Yes, it is possible for USCIS to deny a filing for an I-751 Petition to Remove Conditions on Residence during the interview. In most cases, USCIS will schedule an interview if they have concerns about the validity of the marriage or need further evidence to make a decision on the case. During the interview, USCIS may ask additional questions and review all documents submitted to determine if the marriage was in good faith and the couple still deserves to receive permanent residency. If USCIS finds that there is not enough evidence to prove a bona fide marriage or that there was fraud involved, they may deny the application. It is important to attend the interview prepared with all requested documents and evidence to support your case.
16. How long does it usually take after an I-751 interview for a decision to be made on our application?
The processing time for an I-751 application can vary depending on the workload and resources of the USCIS office where the interview is conducted. In general, it can take anywhere from a few weeks to several months after the interview for a decision to be made on your application. You can check the current estimated processing times on the USCIS website for more specific information.
17. Can we appeal if our application is denied after the I-751 interview?
Yes, if your I-751 application is denied after the interview, you have the right to appeal the decision. The denial notice will include instructions on how to file an appeal with the USCIS Administrative Appeals Office. You must file your appeal within 30 days of receiving the denial notice. It is recommended that you seek the help of an immigration attorney to assist you with the appeals process.
18. What happens if we miss our scheduled I-751 interview appointment?
If you miss your scheduled I-751 interview appointment, USCIS may send a notice informing you of the missed appointment. You will then have the opportunity to explain the reason for missing the appointment and request a rescheduled date. If you fail to respond to the notice or cannot provide a valid reason for missing the appointment, your petition may be denied. It is important to contact USCIS immediately if you are unable to attend your scheduled interview.
19.Is there a separate fee for attending an I-751 Interview?
Yes, there may be a separate fee for attending an I-751 interview. The current fee for filing an I-751 Petition to Remove Conditions on Residence is $595, which includes the cost of the biometric services fee. If your petition is approved and an interview is scheduled, you may have to pay an additional $85 fee for the interview.However, if you are filing a joint petition with your spouse and have already paid the initial filing fee for the I-751 form, then there will not be an additional fee for attending the interview.
If you are unable to attend the interview due to a valid reason, such as illness or military service, you can request a reschedule without having to pay any additional fees.
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