Q: If the American citizen sponsor of a I-751 petitioner is asked to attend a follow up interview what should he expect?
Surprise USCIS home visit by two agents. They find the couple unexpectedly separated for 3 months. They interview both the petitioner and her sponsor in their separate homes. Two days later they contact the American sponsor and ask to meet again for follow up questions. How bad has the situation become? What follow up questions might they need to ask? Will the sponsor be asked to sign an affidavit supporting his wife’s application for example?
A: It seems that no effort was made to update the USCIS, but there is likely a reason why the USCIS referred the matter to the Fraud Unit for investigation. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. A finding of marriage fraud can result in termination of the condition and a permanent bar any future petitions, especially if you plan to divorce.
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A:
In this scenario, the situation has raised red flags with USCIS, likely concerning the bona fide nature of the marriage, as the unexpected separation during a home visit could suggest to them that the marriage is not being maintained as per the requirements.
During the follow-up interview, they may ask more in-depth questions about the separation, the history of the marriage, and the intentions of both parties moving forward. The questions could be aimed at determining whether the marriage was entered into in good faith. The American sponsor might indeed be asked to provide additional evidence or an affidavit to support the petition, along with explaining the circumstances of the separation.
Documentation and a clear narrative will be crucial here. It's advisable to prepare thoroughly for the interview and to consider professional guidance to ensure that the couple's rights and interests are adequately represented.
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