Five years ago, I went through a divorce from my husband, who was in the United States on a visitor's visa. This decision was prompted by a troubling history of domestic violence. At the time, I held an F1 visa, and he was my dependent. Our marriage had initially taken place in the U.S. After... View More 
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answered on Nov 26, 2023
Given your history of domestic violence and ongoing concerns for your safety, it's important to understand the options available to you in the United States. As a student on an F1 visa, you have certain protections and avenues you can explore.
First, consider reaching out to the... View More
Had a surprise home visit. Wife had moved out a few months prior. 751 scheduled only two months after home visit. 797C asks for evidence of legitimacy of marriage since “adjustment of status.” How likely is it the interview will become aggressive, asking very personal questions, if we are still... View More
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answered on Nov 12, 2023
In a Form I-751 interview, when USCIS has concerns, the questions will likely focus on the authenticity and history of your marriage. Expect inquiries about your relationship timeline, shared experiences, and reasons for any recent changes in living arrangements. They may ask detailed and personal... View More
751 filed. Separated 4 months. Home visit by USCIS 3 weeks ago.. 40 year age difference. Wife left suddenly after finding a job (previously completely financially dependent on me). We are still discussing the next step for our marriage.
The answers I’ve received here and in face to face... View More
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answered on Nov 10, 2023
In deciding whether to divorce or stay married for your wife's I-751 interview, it's crucial to consider the authenticity of your marital relationship as perceived by immigration authorities. If you choose to stay married and attend the interview while separated, it's important to be... View More
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... View More
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answered on Nov 10, 2023
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... View More
We don’t have joint checking accounts or any other kind of joint financial records.
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answered on Nov 10, 2023
For your upcoming Form I-751 interview, it's important to bring documents that demonstrate the bona fide nature of your marriage. Even if you don't have joint financial accounts, individual bank statements can still be relevant. These statements can show regular transactions that reflect... View More
The immigration officials discovered we had been living apart for a few months, I had been supporting my wife %100 financially, no children, no joint bank accounts. She left w/o discussing it with me just after she got a job. We hadn’t yet taken any steps to attempt a reconciliation. Should we... View More
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answered on Nov 10, 2023
In light of the recent home visit and the discovery of your living situation, it's understandable to be concerned about your upcoming I-751 interview. It's crucial to be transparent about your current circumstances and any efforts towards reconciliation. Describing a plan for working on... View More
If a marriage is having trouble and the couple separates but are still working on their marriage will USCIS still schedule a 751 interview?
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answered on Nov 9, 2023
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... View More
If a marriage is having trouble and the couple separates but are still working on their marriage will USCIS still schedule a 751 interview?
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answered on Nov 10, 2023
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... View More
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?
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answered on Nov 9, 2023
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... View More
USCIS makes a surprise home visit. They find the husband defends his wife leaving even though she left with out warning and hadn’t agreed to marriage counseling. After questioning the spouse, agents learn he paid for everything throughout the marriage and his wife was saving her money. The... View More
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answered on Nov 5, 2023
USCIS is tasked with assessing the authenticity of marriages for immigration purposes. In situations like the one you've described, even if the U.S. citizen sponsor maintains that the marriage was entered into in good faith, USCIS may have concerns based on the evidence and behaviors observed.... View More
Will the couple be given an opportunity to correct any misunderstandings, provide additional support material? This is after filing the 751 but before a 751 interview occurred.
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answered on Nov 5, 2023
After a surprise home visit by USCIS, if the visit raised issues regarding the validity of a marriage, the couple typically has the opportunity to address these concerns. The couple may be asked to provide additional evidence to support the legitimacy of their marriage. This could happen through a... View More
We are married, but separated in July. I planned on going with my wife to her I-751 interview even if we didn’t reconcile. She didn’t notify USCIS of her change of address, and two officers arrived for a home visit. They were surprised to learn we were separated. They interviewed me and then... View More
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answered on Nov 5, 2023
Decisions surrounding divorce are significant and can indeed impact an I-751 application, as the petition is to remove conditions on residence based on marriage to a U.S. citizen.
Filing for divorce may raise questions regarding the bona fides of the marriage, especially if the timing... View More
We separated after she filed her I-751. USCIS conducted a home visit and she told them she left to work on being “mentally stable.” She didn’t file for divorce and she planned on filing for citizenship to speed up the 751 process. But the home visit scared her and she is worried USCiS... View More
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answered on Nov 5, 2023
In addressing USCIS, it is critical to be truthful. If emotional abuse was a factor in the separation, it is appropriate to convey this information. However, consistency in your narrative is important. A sudden introduction of claims not previously mentioned could indeed arouse suspicion.... View More
We had agents visit us Monday and discover we had separated in July. Just now I received a call asking me to meet with an official Monday for some follow up questions. I was also asked to bring some Funchal information and documents supporting our marriage since the 751. I’m the American... View More
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answered on Nov 5, 2023
As the American sponsor, you are being asked to meet with an immigration official likely because your wife's Form I-751 petition is under review. This form is used by conditional residents who obtained status through marriage to apply to remove the conditions on their residency. If agents... View More
Surprise USCIS home visit by two agents. They find the couple unexpectedly separated for 3 months. They interview both the petitioner and her sponsor in their separate homes. Two days later they contact the American sponsor and ask to meet again for follow up questions. How bad has the... View More
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answered on Nov 4, 2023
In this scenario, the situation has raised red flags with USCIS, likely concerning the bona fide nature of the marriage, as the unexpected separation during a home visit could suggest to them that the marriage is not being maintained as per the requirements.
During the follow-up interview,... View More
Surprise USCIS home visit by two agents. They find the couple unexpectedly separated for 3 months. They interview both the petitioner and her sponsor in their separate homes. Two days later they contact the American sponsor and ask to meet again for follow up questions. How bad has the... View More
answered on Nov 2, 2023
It seems that no effort was made to update the USCIS, but there is likely a reason why the USCIS referred the matter to the Fraud Unit for investigation. I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. A finding... View More
Can uscis contact the sponsor of a green card application and request a follow up meeting and additional supporting documentation from the sponsor after they have already done a surprise home visit and found the wife who had submitted the I-751 had left her husband and was living elsewhere (they... View More
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answered on Nov 5, 2023
Yes, USCIS can request to interview the sponsor of a green card application separately, particularly if there are questions or concerns arising from a home visit or the circumstances of the marriage. In cases where the immigrant spouse has left the marital home, USCIS may seek additional... View More
Does their report/notes documenting the petitioner never contributed financially to the marriage or slept in the same room with her husband get put into the I-751 file and sent to the immigration officer overseeing the case and back into the normal queue? Or is the I-751 put in a new queue for... View More
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answered on Nov 5, 2023
After USCIS agents conduct a home visit, their findings are incorporated into the I-751 petitioner's file. The documentation, including any observations about the living situation, financial contributions, and the nature of the marital relationship, becomes part of the evidence reviewed by the... View More
My friend is greencard holder and at a party he tried to kiss a girl, the girl was fine at that time and didn’t say anything but now he is being charged with assault and battery. His lawyer doesn’t seem like is of help and almost seem like he wants my friend to get in trouble. Can this charge... View More
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answered on Oct 14, 2023
An assault and battery charge can potentially impact a green card holder's eligibility for U.S. citizenship. When applying for naturalization, the applicant's moral character is evaluated, typically over the 5 years immediately preceding the application. A conviction for assault and... View More
My friend is greencard holder and at a party he tried to kiss a girl, the girl was fine at that time and didn’t say anything but now he is being charged with assault and battery. His lawyer doesn’t seem like is of help and almost seem like he wants my friend to get in trouble. Can this charge... View More
answered on Sep 27, 2023
Possibly. The question your friend's lawyer is concerned with is whether an assault happened; he or she is not trying to get him in more trouble than he's already in, but must deal with and confront your friend with the facts that may come out at trial.
That lawyer, that judge,... View More
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