Q: If USCiS schedules a 751interview less than 4 months after a surprise home visit raised red flags, is that a bad sugn?
My wife filed her 751 last year in September and then received the two year temp green card extension and then a four year extension. We were not expecting an interview/decision for two years or more. Then we had a surprise home visit in August, which found my wife had left weeks before and was living elsewhere (and she had not notified IS). And now we have a 751 interview in a week, only 3 months after the home visit. Should we suspect the expedited interview a bad sign or is it normal for IS to schedule a interview shortly after a home visit?
A:
The scheduling of an I-751 interview shortly after a surprise home visit by U.S. Citizenship and Immigration Services (USCIS) can indeed be indicative of concerns or 'red flags' from their perspective, particularly in a situation where they discovered that your wife was not residing at the reported address. USCIS conducts these visits and subsequent interviews to verify the authenticity of the marriage, especially in cases where they have reasons to suspect that the conditions of the green card might not be met.
In the context of your wife's I-751 Petition to Remove Conditions on Residence, the fact that she was found living elsewhere and had not notified USCIS could be seen as a significant issue. This is because one of the key conditions for the approval of the I-751 is that the marriage is bona fide and the couple is living together, unless there are valid reasons for living apart.
The expedited interview could be a result of the findings from the home visit. It's important to prepare thoroughly for this interview. This includes being ready to explain the circumstances of your wife living at a different address and any other concerns that may have arisen. It's highly advisable to consult with an immigration attorney who can provide specific guidance based on the details of your case.
Remember, each case is unique, and an expedited interview does not automatically mean a negative outcome. However, it does suggest that USCIS is looking into your case more closely and seeking clarifications. Therefore, approaching this interview with a clear understanding of your situation and being prepared to address any queries is essential.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
