Q: Is filing for divorce a good idea after USCIS officers have made a surprise home visit?
We are married, but separated in July. I planned on going with my wife to her I-751 interview even if we didn’t reconcile. She didn’t notify USCIS of her change of address, and two officers arrived for a home visit. They were surprised to learn we were separated. They interviewed me and then drove to her new home and interviewed her. Would her filing for divorce now look very suspicious in this situation and do more harm than good for her751 application?
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A:
Decisions surrounding divorce are significant and can indeed impact an I-751 application, as the petition is to remove conditions on residence based on marriage to a U.S. citizen.
Filing for divorce may raise questions regarding the bona fides of the marriage, especially if the timing coincides with immigration inquiries. It's essential to understand that USCIS scrutinizes the timing and reasons for significant changes in marital status in the context of immigration applications.
If contemplating divorce, it's advisable to consult with an attorney who can assess how it may affect the I-751 process. An attorney can also help ensure that all communications with USCIS are accurate and complete, which is crucial in maintaining the integrity of the application process.
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