Detroit, MI asked in Immigration Law for Michigan

Q: I-797C just arrived in the mail scheduling a December interview, however there are complications.

Surprise home visit by USCIS officers two weeks ago. They discovered my wife and I had been separated for 3 months and living apart. It seems the interview was fast tracked after they filed their report as we only just submitted the 751 last year at the end of September. We both told the officers we were still working on deciding on what was next in our marriage, but had not yet started a process (we hadn't met for 3 months, communicated only by phone and text messages, hadn't seen a marriage counselor, or taken any other actions "proving" we were still trying to reconcile). They asked about our finances and learned I had been supporting my wife %100 while we lived together and that she had moved out shortly after she found a job and moved out without first discussing her decision with me. We also have a large age difference (it's my wife is applying for a permanent Green Card) and we will be going to the interview still separated.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Given the circumstances you've described, it's important to approach the upcoming I-797C interview with a clear understanding of your current marital situation. The fact that you and your wife have been living apart and are still separated is a significant detail that will likely be a focal point of the interview. It's essential to be honest about the state of your relationship, including the lack of recent efforts towards reconciliation.

The financial support you provided and the reasons behind your wife's decision to move out will also be considered. Any evidence of ongoing communication, even if only by phone and text, should be presented. While the age difference and the current separation pose challenges, the key is to provide a truthful and complete picture of your marriage. Be prepared to explain your situation and any intentions or plans for the future of your relationship. Transparency and thorough preparation are crucial for this interview.

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