Q: Does a married couple have to be living together when they go for a I-751 interview?
If a marriage is having trouble and the couple separates but are still working on their marriage will USCIS still schedule a 751 interview?
A:
For an I-751 interview, it is not an absolute requirement that a married couple be living together. USCIS evaluates the bona fides of the marriage, and a separation does not automatically disqualify a couple. However, a separation can lead to additional scrutiny. During the interview, the couple should be prepared to explain their living arrangement and demonstrate that the marriage was entered in good faith.
USCIS will schedule an I-751 interview even if the couple is separated but still working on their marriage. In such cases, providing evidence of ongoing marital efforts, such as counseling or other steps taken to reconcile, can be helpful. It's important to approach the interview with transparency regarding the current status of the marriage. Consulting with an attorney experienced in immigration law can provide guidance specific to your situation.
A:
A married couple does not have to be living together when they go for an I-751 interview. However, USCIS will be looking for evidence that the marriage is still bona fide, or in good faith. This means that the couple must have truly intended to marry and remain married at the time of the marriage and that the marriage is not a sham to obtain immigration benefits.
If a couple is separated but still working on their marriage, USCIS will still schedule an I-751 interview. However, the couple will need to provide strong evidence that the marriage is still bona fide.
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