Q: Should I agree to tell a USCIS officer that my wife and I separated because our marriage had become emotionally abusive?
We separated after she filed her I-751. USCIS conducted a home visit and she told them she left to work on being “mentally stable.” She didn’t file for divorce and she planned on filing for citizenship to speed up the 751 process. But the home visit scared her and she is worried USCiS suspects her of fraud (e.g. we have a big age difference, I supported her financially even though she had sources of income, and she left shortly after she found a job). I’ve been asked by USCIS to appear for some follow up questions and bring some documentation and my wife wants me to tell the officers about the “emotional abuse.” After she didn’t say anything about it during the home interview, won’t that look suspicious? Especially since she didn’t file for divorce and was planning on having me go to the 751 interview with her?
A:
In addressing USCIS, it is critical to be truthful. If emotional abuse was a factor in the separation, it is appropriate to convey this information. However, consistency in your narrative is important. A sudden introduction of claims not previously mentioned could indeed arouse suspicion.
Before speaking with USCIS, you should carefully consider the entirety of your situation and consult with legal counsel. An attorney can guide you on how to accurately present your circumstances and ensure that your rights and interests are protected. Documentation or any evidence that can corroborate the claim of emotional abuse should be prepared and reviewed with your attorney ahead of any meetings with USCIS.
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.
