i-751 waiver interview

[Herp Derp 3]

Hate to start a new topic, but nobody replied to my post in Nov 12 topic. Here is my situation.

I filed a divorce waiver in November, received noa1 but never received the biometrics. I called then earlier this month and put in service request. Received the biometrics last week for tomorrow and yesterday i received letter asking me to come for the interview on Thursday. should i be happy or worried they are working on my case so soon. I am not worried because i have all the proof but that they got to my file so soon before everybody else is bothering me. Maybe my ex wife sent them something, which i was expecting anyways considering she is such a vindictive psychopath.

Any input or waiver interview experiences will be highly appreciated.

[Villanelle 4,122]

Being called for an interview is more common then you would think. When your petition is received a fraud level is assigned of A B or C.

C is the lowest- everything looks good- they recommend no interview

B is the middle- minimum required number of documents, but something feels off to the adjuster so they dont go with C

A- is possible fraud- there is insufficient evidence,large age difference exists between the spouses; the married couple is not living together

All fraud level A cases are interviewed no matter what. Depending on the percentage of cases the district office wants to interview, around 30-100% of level B cases are interviewed and 10-50% of level C.

So even if you were a C you could get an interview. It doesnt mean somethings wrong. If they got to you 'quickly', its another indication that your local office had a lot of empty interview slots and stuck you in one of them.

The burden of proof in ROC lies with you. You need to show you entered in good faith and the marriage just didnt work out. You say you have all your proof. So have some faith. I think youre going to be fine.

Edited January 28, 2013 by capri

[KASH2011 382]

Being called for an interview is more common then you would think. When your petition is received a fraud level is assigned of A B or C.

C is the lowest- everything looks good- they recommend no interview

B is the middle- minimum required number of documents, but something feels off to the adjuster so they don't go with C

A- is possible fraud- there is insufficient evidence,large age difference exists between the spouses; the married couple is not living together

All fraud level A cases are interviewed no matter what. Depending on the percentage of cases the district office wants to interview, around 30-100% of level B cases are interviewed and 10-50% of level C.

So even if you were a C you could get an interview. It doesn't mean somethings wrong. If they got to you 'quickly', its another indication that your local office had a lot of empty interview slots and stuck you in one of them.

The burden of proof in ROC lies with you. You need to show you entered in good faith and the marriage just didn't work out. You say you have all your proof. So have some faith. I think you're going to be fine.

[DC85 113]

Being called for an interview is more common then you would think. When your petition is received a fraud level is assigned of A B or C.

C is the lowest- everything looks good- they recommend no interview

B is the middle- minimum required number of documents, but something feels off to the adjuster so they dont go with C

A- is possible fraud- there is insufficient evidence,large age difference exists between the spouses; the married couple is not living together

All fraud level A cases are interviewed no matter what. Depending on the percentage of cases the district office wants to interview, around 30-100% of level B cases are interviewed and 10-50% of level C.

So even if you were a C you could get an interview. It doesnt mean somethings wrong. If they got to you 'quickly', its another indication that your local office had a lot of empty interview slots and stuck you in one of them.

The burden of proof in ROC lies with you. You need to show you entered in good faith and the marriage just didnt work out. You say you have all your proof. So have some faith. I think youre going to be fine.

Where did you bring this from, Do you have any reference for that ??

[DC85 113]

Hate to start a new topic, but nobody replied to my post in Nov 12 topic. Here is my situation.

I filed a divorce waiver in November, received noa1 but never received the biometrics. I called then earlier this month and put in service request. Received the biometrics last week for tomorrow and yesterday i received letter asking me to come for the interview on Thursday. should i be happy or worried they are working on my case so soon. I am not worried because i have all the proof but that they got to my file so soon before everybody else is bothering me. Maybe my ex wife sent them something, which i was expecting anyways considering she is such a vindictive psychopath.

Any input or waiver interview experiences will be highly appreciated.

usually most of the waiver fillers are asked to attend an interview, however, if you think your ex reported to the immigration that you married her for the , I think you should be will prepared, and try to get a lawyer with you if you can afford it, and try to get affidavit from people that they know both of you, or they know the reason behind the divorce.

Edited January 28, 2013 by myafi1985

[Kathryn41 3,205]

This is valid. I believe the original material is in the USCIS Field Adjudicator's Manual but I would have to go and verify the exact location again. It has been posted here a number of times over the years.

Here is the link to the Field Adjudicator's Manual: http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm

Edited January 28, 2013 by Kathryn41

[Kathryn41 3,205]

Where did you bring this from, Do you have any reference for that ??

Ok, found it:

[quote

(2) Assigning Fraud Levels . [section (g)(2) updated 06-20-2006] If an interview is deemed necessary, the case is sent to the Service Center's Adjudications Unit and given to an adjudicator to assign a fraud level. The fraud levels of A, B, and C are assigned to the I-751 based on the documentation submitted with the application. If the adjudicator is fully satisfied that the case is approvable, then a fraud level of C is assigned. If the adjudicator is less than fully satisfied, but still feels that (based on the information available at the time) the case can be approved, then a fraud level of B is assigned. If the adjudicator has serious concerns about the approvability of the case and/or wants the applicant and the spouse to be interviewed, then the case would be assign ed a fraud level of A.

· Reasons for Assigning Fraud Level C. If you assign a fraud level C, it means that there are no technical problems (signatures, missing information, lack of evidence, etc.) and you think the case is approvable (no interview necessary). All required supporting documents are attached and there is no indication of fraud that can be identified in the documents or through the biographic data of the parties involved.

· Reasons for Assigning Fraud Level B. Fraud level B cases are those cases which have no technical problems that need correction and have the minimum number of proper supporting documents, but there is something, or an absence of something (which you may or may not be able to articulate) that creates suspicion about the bona fides of the marriage, the veracity of the evidence, etc. The reasons for suspicion are so varied that a concise list cannot be made. An example would be where the I-751 is supported by t he minimum required number of documents, however the documents are all of recent origin. Remember, though, that a level B case will be approved if the computer randomly does not assign the case to an interview slot, so do not assign a fraud level B if the application and /or supporting documents are insufficient to approve the case.

· Reasons for Assigning Fraud Level A. Fraud level A should be assigned when the adjudicator strongly suspects fraud. Reasons fraud level A might be assigned include:

- the petitioner fails to sign the form;

- there is insufficient evidence;

- a large age difference exists between the spouses;

- the married couple is not living together;

- a prior I-751 was denied;

- the petition was filed untimely without a good reason for being late; or

- any other reasons as the service center director may determine.

(3) Entering Cases in the Computer . Once the fraud level is determined, the adjudicator enters the case in the MFAS data base. The district office assigns a percentage to each fraud level. All fraud level A cases are interviewed. The responsible officer (usually the ADDE) in the district offices may choose to interview between 30% to 100% of all fraud level B cases; and between 10% and 50% of all fraud level C cases. After the case is entered in MFAS, the adjudicator enters the fraud level and the computer determines if the case will be sent for interview depending on the percentage of cases the district office wants to interview.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-8754/0-0-0-8760.html The Adjudicator's Field Manual Section 25.1 "Immigration Marriage Fraud Amendments 1986"

The whole linked section of this document will be of interest to anyone applying for Removal of Conditions.

[DC85 113]

This is valid. I believe the original material is in the USCIS Field Adjudicator's Manual but I would have to go and verify the exact location again. It has been posted here a number of times over the years.

Here is the link to the Field Adjudicator's Manual: http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=afm

Oh thank you, I already found the manual , and it's good to know how they process the application. but from my understanding, is it right they assign the fraud level if the service center decide an interview is necessary ? or they assigned to all the cases that they receive

[Kathryn41 3,205]

From what I read in the quoted material, the Field Adjudicator assigns a Fraud level, so that indicates all petitions receive a fraud level A, B, or C. The District Office decides what percentage of each category they wish to interview. For category C, they could interview as few as 10% of the applicants or as many as 50% of the applicants. The adjudicator enters the fraud level into the computer and based on what the District Office decides, the computer will select those petitions not already identified for an interview, to interview for statistical purposes so they meet their 10% or 30% or whatever percentage level.

Since no one in level C requires an interview, but the District Office is required to interview at least a minimum of 10% of the applicants, those who are selected for interview are randomly selected by the computer for statistical purposes only and their selection has nothing to do with anything in their petition.

[DC85 113]

From what I read in the quoted material, the Field Adjudicator assigns a Fraud level, so that indicates all petitions receive a fraud level A, B, or C. The District Office decides what percentage of each category they wish to interview. For category C, they could interview as few as 10% of the applicants or as many as 50% of the applicants. The adjudicator enters the fraud level into the computer and based on what the District Office decides, the computer will select those petitions not already identified for an interview, to interview for statistical purposes so they meet their 10% or 30% or whatever percentage level.

Since no one in level C requires an interview, but the District Office is required to interview at least a minimum of 10% of the applicants, those who are selected for interview are randomly selected by the computer for statistical purposes only and their selection has nothing to do with anything in their petition.

thank u for ur explanation

[Herp Derp 3]

Thank you Capri and Kathryn. That was very very helpful and put my mind at ease. I really appreciate all the input.

[Sirdaniel42 86]

Being called for an interview is more common then you would think. When your petition is received a fraud level is assigned of A B or C.

C is the lowest- everything looks good- they recommend no interview

B is the middle- minimum required number of documents, but something feels off to the adjuster so they dont go with C

A- is possible fraud- there is insufficient evidence,large age difference exists between the spouses; the married couple is not living together

All fraud level A cases are interviewed no matter what. Depending on the percentage of cases the district office wants to interview, around 30-100% of level B cases are interviewed and 10-50% of level C.

So even if you were a C you could get an interview. It doesnt mean somethings wrong. If they got to you 'quickly', its another indication that your local office had a lot of empty interview slots and stuck you in one of them.

The burden of proof in ROC lies with you. You need to show you entered in good faith and the marriage just didnt work out. You say you have all your proof. So have some faith. I think youre going to be fine.

Thank you Capri