I751 Interview Chances

[justanormalperson 0]

Hi all, 

 

I have a few questions regarding to my I751 application. My spouse and I have a big age gap. 33 years. We had a stock interview during our AOS interview for a conditional green card. We passed. I filed my I751 on September 2018 and just received a notice that they are able to use my previous fingerprints. 

 

1) I had some good evidence when I filed my I751, joint lease, bank accounts, credit cards, health insurance, life insurance, affidavits from his brother and my friend, photos. However, because of our age difference, is it true that we are going to get an interview anyway so they can take a good look at our case even I had good evidence and we already had a stock interview once?

2) Our relationship now is pretty rocky. We filed I751 jointly and I understand if we get divorce I will wait for my final divorce decree and notified USCIS that we get divorced. We are still in good terms and he will be willing to attend the interview with me if we do get one. I guess my question is whether it would make a difference if I amend the petition to a divorce waiver, will the interview be harder than the interview of a joint petition? 

[millefleur 5,047]

16 minutes ago, justanormalperson said:

We had a stock interview during our AOS interview for a conditional green card. We passed.

Did you mean a Stokes interview?

[C90 376]

13 minutes ago, justanormalperson said:

Hi all, 

 

I have a few questions regarding to my I751 application. My spouse and I have a big age gap. 33 years. We had a stock interview during our AOS interview for a conditional green card. We passed. I filed my I751 on September 2018 and just received a notice that they are able to use my previous fingerprints. 

 

1) I had some good evidence when I filed my I751, joint lease, bank accounts, credit cards, health insurance, life insurance, affidavits from his brother and my friend, photos. However, because of our age difference, is it true that we are going to get an interview anyway so they can take a good look at our case even I had good evidence and we already had a stock interview once? No one can answer this question with certainty. They waived the interview rule for I-751, but some people still get one. Can be random, can be because they suspect fraud. If your marriage is real (even if it ends in divorce) it shouldn't be a big deal if you get one.

 

2) Our relationship now is pretty rocky. We filed I751 jointly and I understand if we get divorce I will wait for my final divorce decree and notified USCIS that we get divorced. We are still in good terms and he will be willing to attend the interview with me if we do get one. I guess my question is whether it would make a difference if I amend the petition to a divorce waiver, will the interview be harder than the interview of a joint petition? The thing that might be harder is that you have to proof you entered the marriage in good faith. But with you hundreds if not thousands of other people did it. If your marriage was real you should be able to proof that.

 

Keep in mind, if you split up now but get divorced right after you receive your 10 yr green card, this could bite you for citizenship since it might look very suspicious. If it doesn't work, it doesn't work. USCIS understands that divorces happen. If you end up getting one, just be honest to USCIS and file for the divorce waiver. If you can work it out, great!

 

[justanormalperson 0]

6 minutes ago, millefleur said:

Did you mean a Stokes interview?

Oh yes, I mean stokes interview. Sorry about that. Lol. 

 

4 minutes ago, C90 said:

 

Thank you so much for your reply. Yes the marriage is real and we passed stokes interview. The immigration officer at that time even said I believed this marriage is real lol. I guess I was concerned about how to prove that it was a real marriage, because I basically submitted all the evidences that will be needed to remove the condition. If I were to change it to a divorce waiver, I'm not sure what else I could supplement. But do you know whether a divorce waiver interview has a harder standard than a joint interview? 

[C90 376]

5 minutes ago, justanormalperson said:

Thank you so much for your reply. Yes the marriage is real and we passed stokes interview. The immigration officer at that time even said I believed this marriage is real lol. I guess I was concerned about how to prove that it was a real marriage, because I basically submitted all the evidences that will be needed to remove the condition. If I were to change it to a divorce waiver, I'm not sure what else I could supplement. But do you know whether a divorce waiver interview has a harder standard than a joint interview? 

I'm in the AOS stage myself, so ROC is a few years from now for me and I don't know if the interview with a divorce waiver is harder or not. I'm sure someone else here can chip in on that. Did you also search the site (right top corner) for peoples experience? I'm sure there's enough stories on here where people who did a divorce waiver interview who shared their experience  

Edited April 11, 2019 by C90

[justanormalperson 0]

5 minutes ago, C90 said:

I'm in the AOS stage myself, so ROC is a few years from now for me and I don't know if the interview with a divorce waiver is harder or not. I'm sure someone else here can chip in on that. Did you also search the site (right top corner) for peoples experience? I'm sure there's enough stories on here where people who did a divorce waiver interview who shared their experience  

Oh thank you so much! I will try to search around. 

[xillini 71]

2 hours ago, justanormalperson said:

Hi all, 

 

I have a few questions regarding to my I751 application. My spouse and I have a big age gap. 33 years. We had a stock interview during our AOS interview for a conditional green card. We passed. I filed my I751 on September 2018 and just received a notice that they are able to use my previous fingerprints. 

 

1) I had some good evidence when I filed my I751, joint lease, bank accounts, credit cards, health insurance, life insurance, affidavits from his brother and my friend, photos. However, because of our age difference, is it true that we are going to get an interview anyway so they can take a good look at our case even I had good evidence and we already had a stock interview once?

2) Our relationship now is pretty rocky. We filed I751 jointly and I understand if we get divorce I will wait for my final divorce decree and notified USCIS that we get divorced. We are still in good terms and he will be willing to attend the interview with me if we do get one. I guess my question is whether it would make a difference if I amend the petition to a divorce waiver, will the interview be harder than the interview of a joint petition? 

So once your I 751 is received, and issued for extension, they will be screened by an initial officer who will solely responsible to review your case grading to A,B and C. Depending on your grade, it will be either automatically forwarded to interview or not. Grade A is most suspicious, and requires all interviews. I am not sure if this initial reviewing officer will necessarily look at into AOS documentations, which I would not be surprised that they probably not bother themselves to look into AOS documentation, but age gap will trigger the officer to grade your case as A and forward to interview. 

you can find more relevant information here.

 

Waiver interview can be easier if your spouse is more helpful, OR if your spouse (ex-then), doesn't cooperate this at all. The best dishonesty is the silence (like the USCIS does this all the time, and many intelligence agency such as CIA does this policy called NCND: No Confirm Nor Denial), I would propose. Technically, it is not lie, but it is lie due to the nature that no information is provided. So this means that if your spouse does not respond to your request or USCIS's request, USCIS will have hard time to verify information and you have tougher barrier to prove the marriage was bona-fide. Whilst your spouse would be officially excluded from I 751 process after the moment that waiver case is amended by you, it can cause one or another way. 

 

Let's suppose that your spouse just disappeared, and no response to divorce decree. Eventually, you will be able to divorce yourself from your spouse, however, it will take the maximum days to officially separate yourself from the spouse, and depending on RFE issued by USCIS, it can really hurt your case. (Some states require a separation time frames in order that the court find that both sides spend reasonable time amounts and find that both sides are in irrepairable relation if one party of the two disagrees separation or divorce)

 

[justanormalperson 0]

18 hours ago, xillini said:

So once your I 751 is received, and issued for extension, they will be screened by an initial officer who will solely responsible to review your case grading to A,B and C. Depending on your grade, it will be either automatically forwarded to interview or not. Grade A is most suspicious, and requires all interviews. I am not sure if this initial reviewing officer will necessarily look at into AOS documentations, which I would not be surprised that they probably not bother themselves to look into AOS documentation, but age gap will trigger the officer to grade your case as A and forward to interview. 

you can find more relevant information here.

 

Waiver interview can be easier if your spouse is more helpful, OR if your spouse (ex-then), doesn't cooperate this at all. The best dishonesty is the silence (like the USCIS does this all the time, and many intelligence agency such as CIA does this policy called NCND: No Confirm Nor Denial), I would propose. Technically, it is not lie, but it is lie due to the nature that no information is provided. So this means that if your spouse does not respond to your request or USCIS's request, USCIS will have hard time to verify information and you have tougher barrier to prove the marriage was bona-fide. Whilst your spouse would be officially excluded from I 751 process after the moment that waiver case is amended by you, it can cause one or another way. 

 

Let's suppose that your spouse just disappeared, and no response to divorce decree. Eventually, you will be able to divorce yourself from your spouse, however, it will take the maximum days to officially separate yourself from the spouse, and depending on RFE issued by USCIS, it can really hurt your case. (Some states require a separation time frames in order that the court find that both sides spend reasonable time amounts and find that both sides are in irrepairable relation if one party of the two disagrees separation or divorce)

 

Thank you so much! I would seriously think about what to do. Like I said, we are in good terms, he would help me with my immigration stuff. It just reached a point where we are thinking whether it will be best of us to stay together. And if age gap is a trigger factor, that might mean we would get an interview no matter how good our evidence is for the packet.