Got scheduled for an i-751 interview. Any advice? Thanks!

[leash5 3]

Hi,

I am a Canadian citizen who met my husband while in the US on a TN visa. We dated starting in October 2005, moved in together in September of 2006, got engaged in March 2008, and married in January of 2009. We applied to adjust status and were approved in September of 2010-- I got my conditional 2 year green card about two weeks after.

We separated in March of 2011 after a very stormy period but neither of us wants to divorce, even after all this time. (At that point we had been married two years and one month.) We both do not take divorce lightly, we both come from families where both our parents are still together, his family is Catholic, etc. In fact, we still talk of reconciling and have been having a very good month. We do not live together still at this point though. Okay, all this is probably TMI

We filed a joint petition to remove conditions on my residency in August of 2012. We included the fact that we were legally separated and told the absolute truth on the application -- that at that time we did not intend to divorce. I included all the proof I could: leases for 5 years, photos of our large wedding (actually, we had two weddings), all kinds of other photos, insurance stuff, credit cards, plus letters from our 2 marriage counselors we had used, one was a board certified LCSW and one a psychiatrist.

I got an RFE in May of 2013 which I did my best with but there wasn't much more for me to send in as we separated 5 months after I got my original green card. So, I sent 12 affidavits! Here's the kicker... we didn't ever buy a house or have children. And we didn't have joint bank accounts or file taxes together. I'm an idiot, I'm just very financially independent and on the matter of the taxes, I couldn't stand waiting for him to get his stuff together so I always filed mine the very first day I could (he filed on the last possible day...).

Today, with no warning, I got a letter that we are scheduled for an interview on July 15th (I can't find an emoticon for "scared to death.) My husband has agreed to attend with me.

Question: Has anyone been to this interview while separated? I really have no pictures since the separation and of course no new leases, bank stuff or bills. We terminated all that in our separation agreement. Maybe it sounds ridiculous but we actually DO want to reconcile, we just keep screwing it up. Any helpful words of advice for the interview?

Thanks kindly. I won't be sleeping tonight!

[Hypnos 6,576]

From an immigration standpoint you would be better protected by divorcing (I'm not advocating you do this, just stating facts). By being separated you are in the worst of both worlds, still married but not with your spouse. I don't think that your I-751 can be approved in such circumstances.

You should consult with an experienced immigration attorney.

You might want to take a look at http://www.lawguru.com/articles/law/filing-the-i-751-petition-when-separated

Edited June 28, 2013 by Hypnos

[leash5 3]

Thank you for your contribution. I did enter into my marriage in good faith and I do still love my husband. Thus, divorce for the sake of an easier petition was never an option for me (I know you weren't advocating that specifically, but I understand it might have been simpler).

Before filing, I consulted a USCIS document from April 2009 that states a petition cannot be denied solely on the basis of separation:
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/i-751_Filed_%20Prior_Termination_3apr09.pdf

So I am praying we pass! We do meet the requirements. I hope the officer has read this memorandum as well!

[leash5 3]

P.S. I can't figure out how to edit my original question but I guess what I'd love is if anyone has done this interview while separated, if they have any exapmples of what they were asked.
Thanks again.

[Hypnos 6,576]

You may want to print out that memorandum and take it to your interview. I suspect, however, that your being separated is why you've been selected for an interview in the first place, and that the IO will already be well-versed in the applicable law, but it never hurts to be prepared.

The memorandum seems to indicate that, provide your marriage was / is legal, has not been terminated, isn't a sham marriage entered into solely for a green card, and no payments have been made to make the filings, then your case can be approved.

Good luck.

Edited June 28, 2013 by Hypnos

[leash5 3]

Hi-

I'm wondering if anyone can share personal experience of what I can expect at our I-751 removal of conditions interview immigration interview in 2 weeks.

We are going to the New York City office. Any help would be appreciated.

We were married for two years and one month and have been separated for two years.

Thank you!

[Caryh 5,206]

Hi-

I'm wondering if anyone can share personal experience of what I can expect at our I-751 removal of conditions interview immigration interview in 2 weeks.

We are going to the New York City office. Any help would be appreciated.

We were married for two years and one month and have been separated for two years.

Thank you!

You have a pretty unique case, so the odds of getting feedback are pretty low. I'd expect you're going to get a heavy bias during the interview that you're hanging onto the marriage for a green card. I hope I'm wrong, but USCIS always seems to take that as a starting point, and expect you to prove otherwise.

I truly wish you the best of luck, and hope you'll tell us how it came out afterwards.

[Brian1967## 119]

Always remember it is up to the immigrant to provide proof for the benefit, so take lots of proofs and be sure that you have a uphill battle in my thoughts without the two most important proofs (Joint property and joint money). You sent in 12 affidavits I Know a lady on this website that said a guy sent in a affidavit from a US Marshall and his petition was still turned down, take a copy of the memo and it might help if you get a statement from the marriage counselor if you have one (I said might). Good Luck If it is not to late talk about opening a joint bank account and get some statements for the interview, if they ask " is this recent" do not lie...say something like yes but we are working on our marriage we both love each other and are trying to work things out (you may or may not want to say that I do not know) but just advice and I hope not bad advice. I wish both of you the best of luck, please keep us informed on how the interview went.

[leash5 3]

Thanks everyone. I will let you know how it goes for sure -- hopefully my account will help someone else in the future.

As for letters from a marriage counselor, I did send that -- we saw 2, one licensed counselor and one psychiatrist. It didn't seem to help!

Anyway, we dated for 4 years and then were married more than two. I know everything about him and his family, and he does about me. We had two large weddings (have receipts for everything) and have 7 years of joint leases. I'm just going to answer all the questions honestly. I am pretty sure they will be able to tell we were a couple.

[Villanelle 4,122]

The memo you posted has the requirements of what you need to prove in it. Its 4 items.

The marriage was legal where it took place (non issue)

The marriage has not been terminated (obviously not)

The marriage was not entered into for the purpose of procuring PR status (thats a hard one to prove)

No fee was paid for to anyone in conjunction to filing a form besides an attorney or USCIS (again kind of hard to prove)

So starting with the easiest one on the list the money, is there an income gap or disparity between you and your husband? If there is be prepared for them to suspect that you may have 'paid him' for the GC. If he was much worse off before you were married and then his financial situation improved after the marriage and the separation agreement left him with a chunk of money or a car or something thats a huge red flag and you better have an answer as to why and it better make sense and have documentation that supports it. For example. Husband was in an accident and got a personal injury settlement and purchased car with his own money he came into right before settlement was written up, or got inheritance right before separation. Bring the papers to show that that money was his and acquired separately and not a "pay off" as part of a keep quiet separation deal.

So they are going to poke into your financials and his and be looking for things like that to try to see if there are indicators that money was exchanged for the GC and if theres any thing in the separation agreement that indicates that. The only thing you can do is be prepared and bring any documents you think would be helpful to show any assets they may consider to be payment for the card werent by bringing documentation you may have on them and show them if needed. But only show them if they ask. You dont want to over share and flood them with unnecessary things in the interview or draw attention to things they havent picked up on.

The second one you have to prove is that you didnt enter the marriage for the purpose of obtaining PR status. You did have a long relationship before the marriage, which works in your favor but a short one after the marriage when you obtained the card, which works against you. You should bring a lot of proof of your relationship from 06-09 from before you were married and were living together happily and jointly as that was over 3 years and stress that in the interview.

The counseling statements will help but you didnt mention if they are current statements or old statements. The question in the interview would be are you getting a divorce or not. I would be very cautious to say "I dont know." While its truthful, its confusing. A better answer and still truthful one would be- "not at this time." For whatever personal reasons you want to remain legally separated and continue to go to counseling (Im assuming) and rebuild the relationship at your speed.

As long as you can clearly answer the questions and explain the timeline of the relationship from the courtship and the duration of the marriage and you and your spouse are sincere in your emotions you should be fine. Unless theres something youre not disclosing here (another woman or man, large sums of money, criminal records etc) there really doesnt seem to be any red flags or indications that you entered into this for the card, Was your visa expiring and you needed to get married to stay perhaps in 2008/09? If so thats a potential issue but your Canadian so thats not usually an issue because Canadians can virtually come and go as they please to the US.

[leash5 3]

The memo you posted has the requirements of what you need to prove in it. Its 4 items.

The marriage was legal where it took place (non issue)

The marriage has not been terminated (obviously not)

The marriage was not entered into for the purpose of procuring PR status (thats a hard one to prove)

No fee was paid for to anyone in conjunction to filing a form besides an attorney or USCIS (again kind of hard to prove)

So starting with the easiest one on the list the money, is there an income gap or disparity between you and your husband? If there is be prepared for them to suspect that you may have 'paid him' for the GC. If he was much worse off before you were married and then his financial situation improved after the marriage and the separation agreement left him with a chunk of money or a car or something thats a huge red flag and you better have an answer as to why and it better make sense and have documentation that supports it. For example. Husband was in an accident and got a personal injury settlement and purchased car with his own money he came into right before settlement was written up, or got inheritance right before separation. Bring the papers to show that that money was his and acquired separately and not a "pay off" as part of a keep quiet separation deal.

So they are going to poke into your financials and his and be looking for things like that to try to see if there are indicators that money was exchanged for the GC and if theres any thing in the separation agreement that indicates that. The only thing you can do is be prepared and bring any documents you think would be helpful to show any assets they may consider to be payment for the card werent by bringing documentation you may have on them and show them if needed. But only show them if they ask. You dont want to over share and flood them with unnecessary things in the interview or draw attention to things they havent picked up on.

The second one you have to prove is that you didnt enter the marriage for the purpose of obtaining PR status. You did have a long relationship before the marriage, which works in your favor but a short one after the marriage when you obtained the card, which works against you. You should bring a lot of proof of your relationship from 06-09 from before you were married and were living together happily and jointly as that was over 3 years and stress that in the interview.

The counseling statements will help but you didnt mention if they are current statements or old statements. The question in the interview would be are you getting a divorce or not. I would be very cautious to say "I dont know." While its truthful, its confusing. A better answer and still truthful one would be- "not at this time." For whatever personal reasons you want to remain legally separated and continue to go to counseling (Im assuming) and rebuild the relationship at your speed.

As long as you can clearly answer the questions and explain the timeline of the relationship from the courtship and the duration of the marriage and you and your spouse are sincere in your emotions you should be fine. Unless theres something youre not disclosing here (another woman or man, large sums of money, criminal records etc) there really doesnt seem to be any red flags or indications that you entered into this for the card, Was your visa expiring and you needed to get married to stay perhaps in 2008/09? If so thats a potential issue but your Canadian so thats not usually an issue because Canadians can virtually come and go as they please to the US.

Hi, thanks for your detailed response.

No, there are definitely no financial red flags (but thanks for pointing that out). My husband supported me while I was waiting for my card and then I got a job that paid a little more than his, but no big assets came to him. We both have good positions at very well-known instituitions. (Also, I have our legal separation agreement, which is financially in my favor.)

I actually sponsored him to move to Canada as a PR (and it was approved) before we applied for the green card -- he changed his mind about going (insert growl face) which is why we eventually applied for my green card, later than is usual, after a year and a half of marriage. Our plan was always to go to Canada, or at least that is what we had agreed upon previously. We have the Canadian paper work, Quebec selction certificate and receipts. He never did land there as a permanent resident, so that visa is now expired. I think this helps with "The marriage was not entered into for the purpose of procuring PR status" and so does the fact that I had already been here for many years on various TN (NAFTA work) Visas-- and could have continued to do so for an indefinite period of time. I didn't need to get married to stay working in the USA. The only time I was unemployed was ironically in order to get a green card. I had to quit a very good job because a TN Visa is a non-immigrant visa -- it ran out while awaiting the green card and I didn't want to chance renewing it because now I was in fact immigrating. (But again, I could have continued to work on TNs if I had not gotten married.)

There was another woman, we did separate because of infidelity on his part. I have proof of that, and I will bring it, but I would really rather not go there in the interview, unless I have to do so. We've mended fences and it took such a long time, I don't want to bring it up and have old emotions surface. I have a print out of that memo with the 4 points you mentioned and I am counting on those. I don't want to play a blame game regarding our rocky marriage in front of the officer (although that would certainly look authentic...). Of course, proof of infidelity goes to show why we separated 5 months after my receiving the card.

So there you have it! Thanks again

Edited July 9, 2013 by leash5