I-751 interview not waived after submitting strong evidence - need to worry?

[AHXIII 1]

Hi friends,

 

My timelines: 

 

April 25, 2022 Interview Was Scheduled

January 19, 2022 We are ready to schedule your Form I-751, Petition to Remove Conditions on Residence, for an interview.

November 29, 2021 We transferred your Form I-751, Petition to Remove Conditions on Residence, to another USCIS office that now has jurisdiction over your case.

November 24, 2021 Your Form I-751, Petition to Remove Conditions on Residence, was transferred to another office for processing.

October 28, 2021 We received your Form I-751, Petition to Remove Conditions on Residence.

 

We submitted very strong evidence: more than 0.5M mortgage, joint bank statements, utility bills, insurance cards, photos, emergency contacts, etc. However, the interview was still not waived, nor did they send RFE.

 

Anyone has similar experiences?

 

Thanks!

 

 

[Crazy Cat 41,850]

We filed in March 2019.....no RFEs......Still waiting for interview....our case was extremely strong.  Nothing says they absolutely will waive all strong cases. 

Edited May 10, 2022 by Crazy Cat

[S9471 60]

USCIS is under no obligation to waive your interview. they assess your application, and probably determined that they did not find your evidence sufficient to waive.

 

see https://www.uscis.gov/policy-manual/volume-6-part-i-chapter-3

 

Quote

USCIS officers may consider waiving the interview in cases where:

• The officer considers they can make a decision on the petition based on the record because the record contains sufficient evidence about the bona fides of the marriage and that the marriage was not entered into for the purpose of evading the immigration laws of the United States;
• There is sufficient evidence in the record of the CPR’s eligibility for waiver of the joint filing requirement, if applicable;
• There is no indication of fraud or misrepresentation on the Form I-751, in the supporting documentation, or elsewhere in the record;
• There are no complex facts or issues that require an interview or sworn statement to resolve questions or concerns; and
• There are no criminal bars rendering the CPR removable.

When determining whether to waive an interview, the considerations listed above apply regardless of whether the Form I-751 is filed as a joint petition, individual filing request, or a waiver. For a joint petition, the statute requires USCIS to interview both the CPR and petitioning spouse.^[3] If the CPR is filing an individual filing request or waiver, only the CPR must appear for the interview.^[4]

 

Edited May 10, 2022 by S9471

[Crazy Cat 41,850]

5 minutes ago, S9471 said:

USCIS is under no obligation to waive your interview. they assess your application, and probably determined that they did not find your evidence sufficient to waive.

Until a few weeks ago, USCIS could not waive an I-751 interview if the immigrant had not previously been interviewed by USCIS (CR-1 cases could not be waived) 

Edited May 10, 2022 by Crazy Cat

[Mike E 11,739]

I think this is the first October 2021 case to have an interview or decision. Congratulations! I envy you.  

[AHXIII 1]

4 minutes ago, Mike E said:

I think this is the first October 2021 case to have an interview or decision. Congratulations! I envy you.  

lol really? Looks like it is taking a very long time for USCIS. However, they did not waive my interview...I am anxious... 

[Mike E 11,739]

4 minutes ago, AHXIII said:

lol really? Looks like it is taking a very long time for USCIS. However, they did not waive my interview...I am anxious... 

yeah. Really. 

 

Join us.  Give us hope. 

[Sarah&Facundo 595]

We are also a strong and totally legit couple who applied for ROC 17 months ago. We were also told we are getting an interview and we have no clue why. Everything is financially co-mingled with lots of proof of living together and all of that. I just try to remind myself is that we are completely legitimate couple and any IO would see that, as we have nothing at all to hide. If you are in the same position, I wouldn't really worry about it. I'm more-so annoyed I need to take a day off of work in the future lol. 

I'm going under the assumption that they randomly select people to get interviewed. Maybe? We'll see....

Edited May 10, 2022 by Sarah&Facundo

[aznhouston 130]

Did you go through CR1 or K1?

[AHXIII 1]

20 minutes ago, aznhouston said:

Did you go through CR1 or K1?

Not really. We did I-485/I-130 combo. 

[STO Overland 137]

1 hour ago, Crazy Cat said:

We filed in March 2019.....no RFEs......Still waiting for interview....our case was extremely strong.  Nothing says they absolutely will waive all strong cases. 

I'm curious, is there anything you can do to jog their memory that your application is out there? File N400 for eg.

[Letspaintcookies 2,310]

Even tho they can and often will waive ROC interviews they do also randomly select to have people come in for interviews even if the sent evidence is strong. There is nothing to worry about per se. See it as a chance to go over the application with them and correct possible mistakes. 

I had my AOS interview when many got waived during Covid. Glad I had it otherwise my name would be wrong on the Greencard 😊

[Vegas i-751 66]

Normally (not always***) folk get interviewed for one or the other: AOS/I-751. Some may get waived/interviewed for both but ultimately all down to USCIS. I got interviewed for AOS per mandatory requirement pre covid for K1 applicant but did not need interview for I-751 as it got waived and approved. Good luck ☺️

Edited May 11, 2022 by Vegas i-751

[elmers 293]

5 hours ago, Sarah&Facundo said:

We are also a strong and totally legit couple who applied for ROC 17 months ago. We were also told we are getting an interview and we have no clue why. Everything is financially co-mingled with lots of proof of living together and all of that. I just try to remind myself is that we are completely legitimate couple and any IO would see that, as we have nothing at all to hide. If you are in the same position, I wouldn't really worry about it. I'm more-so annoyed I need to take a day off of work in the future lol. 

I'm going under the assumption that they randomly select people to get interviewed. Maybe? We'll see....

IT also depends on the IO person reviewing your docs. Maybe IO person1 cares to have an interview whereas IO persons 2-10 do not. Probably luck of the draw but yeah as long as you are legit, no need to worry as you said.

[Vegas i-751 66]

24 minutes ago, elmers said:

IT also depends on the IO person reviewing your docs. Maybe IO person1 cares to have an interview whereas IO persons 2-10 do not. Probably luck of the draw but yeah as long as you are legit, no need to worry as you said.

Period. Thanks for this and absolutely true! ❤️