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.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Sacramento, CA

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.

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.