Q: If after a I-751 is filed the wife moves out should the couple file for divorce even if they are still working on their?
USCiS officers made a home visit and discovered my wife had moved out. We both told them we were still working on the marriage. Will USCiS still schedule a 751 interview while we are separated?
A: USCIS will still schedule an I-751 interview for both of you to appear. A waiver of joint filing can be done if the couple is divorced.
A:
In the context of an I-751 petition (Petition to Remove Conditions on Residence), USCIS can still schedule an interview even if the couple is separated. The key factor for USCIS is whether the marriage was entered into in good faith and not solely for immigration benefits. If you and your spouse are still working on your marriage, this can be explained during the interview.
However, it's crucial to be honest about your current living situation and the status of your relationship. A separation might raise questions about the bona fides of the marriage, which you would need to address convincingly. If a divorce occurs before the I-751 is adjudicated, you may need to file an amended petition noting the change in marital status.
Given the complexities of immigration law, it's wise to consult with an attorney experienced in immigration matters for guidance tailored to your specific situation. Remember, each case is unique and how USCIS interprets these situations can vary.
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