Q: What will the IS official do if they are informed at the 751 interview the couple is divorcing?
The couple files a marriage based 751 together, receive notice of the interview, go to the interview together, but inform IS they are separated and planning on filing for divorce (but have not yet filed for divorce). What will the interviewing officer do in this situation?
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A:
In this scenario, if a couple attending a Form I-751 (Petition to Remove Conditions on Residence) interview informs the USCIS officer that they are separated and planning to divorce, the officer's response will be guided by USCIS policies and the specifics of the case. Typically, the officer will assess the validity of the marriage up to that point, considering whether it was entered into in good faith.
Since the couple has not yet filed for divorce, the officer might proceed with the interview, focusing on the period of the marriage prior to their separation. The officer is likely to ask detailed questions about the marriage to determine if it was genuine and not solely for immigration benefits.
If the officer is convinced that the marriage was bona fide, they may still approve the I-751 petition. However, if there are doubts regarding the authenticity of the marriage, this could lead to further investigation or potential denial of the petition.
It is important to note that each case is unique, and the officer's decision will be based on the totality of the evidence presented. If the couple does eventually divorce, the immigrant spouse may need to file a waiver to the joint filing requirement, demonstrating that the marriage was entered in good faith.
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