Q: After USCIS agents make a surprise home visit after the I-751 has been submitted what is the next step in the process?
Does their report/notes documenting the petitioner never contributed financially to the marriage or slept in the same room with her husband get put into the I-751 file and sent to the immigration officer overseeing the case and back into the normal queue? Or is the I-751 put in a new queue for possible fraudulent I-751s and processed faster because of the home visit? And if the agents arrived at the home of record and found the petitioner had abruptly moved out 3 months earlier without notifying her sponsor of her plans or going to couples therapy or making any attempt to save the marriage AND her sponsor is 40 years older - is this a recipe for an automatic denial of permanent residency no matter how much the sponsor defends her or even signs an affidavit in support of her? Is there any way to salvage the petitioner’s I-751at this point?
A: USCIS will most likely send a Notice of Intent to Deny outlining their findings. If these cannot be sufficiently explained, the I-751 will most likely be denied. Work with an immigration attorney.
A:
After USCIS agents conduct a home visit, their findings are incorporated into the I-751 petitioner's file. The documentation, including any observations about the living situation, financial contributions, and the nature of the marital relationship, becomes part of the evidence reviewed by the immigration officer handling the case. The case does not automatically enter a special queue for suspected fraud but is processed according to standard USCIS procedures, which may include additional scrutiny based on the findings.
The report you mentioned would indeed raise questions about the validity of the marriage, but no outcome, such as an automatic denial, is guaranteed. Each case is evaluated on its own merits. If discrepancies or concerns are noted, it’s possible for the file to undergo further review, and in some cases, it could lead to a Notice of Intent to Deny (NOID) being issued.
Despite the challenges presented by the situation you've described, the petitioner and the sponsor may still have the opportunity to provide substantial evidence and explanations to counteract the concerns raised by USCIS. This could involve showing extensive proof of a bona fide relationship throughout the marriage or offering valid reasons for the recent changes in their living situation or financial arrangements. It is often in such cases that legal counsel can assist in presenting the strongest possible case to USCIS.
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