Detroit, MI asked in Immigration Law for Michigan

Q: My wife submitted a 751. I’ve just been called and asked to meet with an immigration official.

We had agents visit us Monday and discover we had separated in July. Just now I received a call asking me to meet with an official Monday for some follow up questions. I was also asked to bring some Funchal information and documents supporting our marriage since the 751. I’m the American sponsor, why am I asked to do this?

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2 Lawyer Answers

A: Bothe the American petitioner/sponsor and foreign national are being asked to assess the bona fides of the marital relationship

James L. Arrasmith
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Answered

A: As the American sponsor, you are being asked to meet with an immigration official likely because your wife's Form I-751 petition is under review. This form is used by conditional residents who obtained status through marriage to apply to remove the conditions on their residency. If agents discovered that you have separated, this could raise questions about the bona fides of your marriage, which is a key element of the I-751 petition's approval process.

The request for additional documentation and information is a standard part of this process to provide evidence that the marriage was entered in good faith and not for the purpose of evading immigration laws. You are involved because as the sponsor, you originally attested to the legitimacy of the marriage. Your cooperation with the follow-up questions and document requests is crucial in demonstrating the genuine nature of your marriage through the period in question. It would be wise to prepare thoroughly for this meeting and consider seeking legal counsel to ensure that you are well-represented and your rights are protected.

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