Just sharing some information about how the I 751 is being processed

[A&B2232 5]

Hello Everyone 

 

just wanted to share some information about how the I 751 being processed according to the USCIS 

first of all the Process of I 751 was created by the congress 30 years ago so any changes in the process will have to come through the congress so good for us that USCIS can't change that as of now 

Adjudication of the Joint Petition .

 

(1) Determination of Credibility of Evidence 

 

The director of the regional service center shall review the Form I-751 filed to determine whether to waive the interview or not:

(a) Waive Interview and Accept .

 

If satisfied that the marriage was not for the purpose of evading the immigration laws, the director may waive the interview and approve the petition.

 

(b) Waive Interview and Deny .

 

If after examining the evidence submitted with an I-751 petition, the Service Center Director finds that the case presents substantial and undisputed evidence that the marriage was to circumvent the immigration laws, the Service Center Director shall deny the case.

 

(c) Interview Necessary .

 

In cases where an interview is deemed useful for the adjudication of I-751 petitions, the Service Center Director shall forward the petition, along with the assigned fraud level, to the district director having jurisdiction over the place of the alien's residence.

 

(2) Assigning Fraud Levels .

 

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.

(4) Types of Cases .

 

The following is a breakdown of the Marriage Fraud cases after adjudication by the service center adjudicator, as indicated in the MFAS support system:

 

(A) Case Granted .

 

These are cases for which MFAS has determined that an interview is not needed after the adjudicator entered the fraud level. The case is stamped with the adjudicator's approval stamp and routed to an application clerk who sends out the approval notice.

 

(B) Scheduled for Interview .

 

If the computer determines that an interview is required, the MFAS automatically slots the petitioner into an available time slot for the district where the petitioner lives. If all available interview slots are filled for the district office, then a "no schedule" phrase is issued. As soon as an interview time is available, they will be slotted into it. Special care should be taken to verify the address and zip code because the interview site is chosen based on the zip code entered from the I-751 .

 

 

so that's mean after all the computer is the one deciding who has interview and who doesn't 

and the only reason for this mass transfer i believe either the USCIS decide to assign all f us as fraud level A which doesn't make any sense or to release the backlog on the service centers or there was no transfer at all 

even after the transfer and the computer decision for an interview the local officer can waive the interview and just send a RFE or waive the interview and just inform the service center of his decision 

that's explain why interviews is usually rare and te only one that can change that is the change to this ACT which can only change in the congress

hope that can help 

and good luck to all of us 

 

 

 

 

[SaRy 73]

Thanks!  

 

Where did you get this info from? Could you also do the same for AOS and other processes other members might be interested in?

[A&B2232 5]

8 hours ago, SaRy said:

Thanks!  

 

Where did you get this info from? Could you also do the same for AOS and other processes other members might be interested in?

u are welcomed 

i don't have really a lot of information about other case types 

i got this information from the USCIS website while i was trying to understand what could be the reason for the mass transfer of the cases 

 

[tomigaoka 8]

So during our AOS, we got one preliminary interview for 2 hours, then an RFE, then another final round of  STOKES interview which took 3 hours. Crazy right?

 

If we are going to undergo that process again for ROC, obviously will be totally unfair. Were more solid on our evidences now(but not perfect) and we already know what

 

questions they will ask so thats our advantage but still... that is just like u were accused  of murder in a court and then you were acquited and then after

 

2 years they will try to accuse you again. lol

 

 

[SaRy 73]

4 hours ago, A&B2232 said:

u are welcomed 

i don't have really a lot of information about other case types 

i got this information from the USCIS website while i was trying to understand what could be the reason for the mass transfer of the cases 

 

Alright. Thanks again  

[A&B2232 5]

5 hours ago, SaRy said:

Alright. Thanks again  

I wish I can help you more 😔

[SaRy 73]

12 minutes ago, A&B2232 said:

I wish I can help you more 😔

You did your best