What Are the Chances USCIS Will Call Me in for I-751 Interview?

After a foreign national marries a U.S. citizen, they might receive only conditional residence, not permanent, reflecting the fact that their marriage is relatively new. That basically they're in a two-year testing period, at the end of which, U.S. Citizenship and Immigration Services (USCIS) gets to take another look at the case and at whether their marriage is bona fide (not a sham or fraud to get a green card). (For details, see Why Some Marriage-Based Green Cards Are "Conditional.")

This two-year testing period makes some couples understandably nervous, particularly if their marital relationship is rocky and they're not sure it's going to last. One of their big questions is often whether USCIS is likely to call them in for an interview, or whether the agency can just approve the case without one. This article will discuss:

• the admittedly slim possibility that USCIS will waive the interview, and
• the need to prepare to explain the unstable marriage in any case, and to work hard to supply evidence that the marriage is bona fide.

Basic Requirement to Interview I-751 Applicants

According to U.S. immigration law, U.S. Citizenship and Immigration Services (USCIS) is expected to schedule EVERY conditional resident who has filed an I-751 for an in-person interview. In practice, however, many if not most of these interviews are "waived."

In order to grant a waiver, USCIS must decide, upon review of the case file, that it has received enough evidence with which to approve the immigrant's joint petition to remove the conditions on residence (Form I-751) without conducting an interview and meeting the couple personally. This documentary evidence must clearly show that the marriage is bona fide, and not a sham or fraud to receive a green card.

In addition, according to guidance for USCIS officers found in a 2018 memo, USCIS must have already conducted an interview with the immigrant, observe no signs of fraud or misrepresentation in the Form I-751 or supporting documents, and believe there to be no complex facts or issues of law that should be addressed in person with the applicant before it waives the interview.

As you can see, whether USCIS chooses to call someone in for an interview depends largely on the facts of the case and the quality of the I-751 submission. If yours was a marginal case to begin with (perhaps the officer had doubts about your relationship and asked for extra evidence at that time, for instance), the agency might call you in for an interview just to have a thorough second look at your case. But USCIS has recently been trying to waive more interviews than ever, in order to deal with its backlog of cases.

If You Haven't Yet Submitted Form I-751, Focus on Providing Extensive Documentation of Bona Fide Marriage

If the documents you submit with Form I-751 seem sparse or don't really point to a shared life, with joint assets, shared financial obligations, and so forth, that might give USCIS cause to refuse to waive the interview requirement in your case; in other words, to insist that both of you come in for an interview.

So, be sure to provide recent, high-quality documentation; don't make the mistake of simply copying the same old documents you submitted the first time around.

Also, if your was so rocky that the U.S. spouse has refused to sign onto the joint petition, and the intending immigrant is asking for a waiver of the joint-filing requirement, realize that this raises the chances of the immigrant being called in for an interview.

If you have already submitted Form I-751 and are called in for a USCIS interview, you still have a chance to gather more documents proving your valid marriage, and bring them to the interview in person.

Handling Marital Difficulties at the USCIS Interview

If the marriage was the real thing, but you've had arguments or separations, that's not necessarily a strike against the immigrant's green card eligibility. The key is to show all the steps you've taken to try to save the marriage, such as attending couples counseling.

Try to obtain written affidavits from friends, counselors, and religious leaders with whom either or both of you has discussed the situation or sought help. If you sent letters or messages to friends expressing sorrow or frustration with the state of your marriage, copies of those could be worth submitting. Get additional ideas from We're Separated: Can I Continue With My Marriage-Based Green Card Application?.

Getting Legal Help

Regardless of what stage of the process you're at, if your marriage isn't going well, and you're worried about proving that it's bona fide when it's time to file Form I-751, seek the assistance of an experienced immigration attorney. The attorney can help with the paperwork, draft explanatory cover letters or legal memos, and accompany you to the interview. Also see How Expensive Is an Immigration Lawyer?.