I-751 Interview

[mysweets34 0]

Hey all

I just have a quick question

My Husband and I will be married 3 years in Feb. We filed for removal of conditions in april, and we separated ( unofficially) in June. I have now received aletter asking us to appear us before an officer for an interview at the local office in San Jose. What should i expect here?

1. can i go to the interview alone?

2. My husband and I are still talking and hoping to reconcile if he agrees to come with me.. should we mention we are separated?

3. I do not want to lie about our situation because i am sure they might sense some tension between us what are some of your experiences with removal of conditions interviews.

4. Should i get a lawyer and go with him instead?

5. Should i go with my husband and explain our situation?

If any of you have had this experience please let me know..

Thank you

[Boiler 45,542]

You have 2 options

Reconcile

Divorce

You are currently ineligible to adjust.

[Jasman0717 9]

You have 2 options

Reconcile

Divorce

You are currently ineligible to adjust.

[EsOrEnNa 0]

if u guys are working things out dont say anything..

[James 2]

You have 2 options

Reconcile

Divorce

You are currently ineligible to adjust.

Oh, brother. Both of these posts are seriously unhelpful. Not to mention flat out wrong.

First of all, we're talking about removal of conditions, not AOS.

Second, they have already filed a joint petition. Such options of divorce or reconciliation are generally for those who are separated but have not filed for removal of conditions yet, because in that scenario one has to decide whether to (a) divorce and seek a waiver of the joint petition filing requirement or (B) reconcile and go ahead and file the joint petition.

As long as they can demonstrate at the interview that the marriage was not entered into for the purpose of evading the immigration laws, separation (or divorce) is not an obstacle to removal of conditions.

To answer the OP's question, I would go with the interview with your spouse as requested and be honest about the situation. If you can adequately establish that your marriage was bona-fide, you should have nothing to worry about. But you will have to convince the officer. A good lawyer might well be helpful in this situation but of course that is up to you, and I wouldn't say it was a necessity.

[Boiler 45,542]

That advise - sic will just bring tears at the interview.

Mine may have been terse, but correct.

[mysweets34 0]

I am leaning towards telling the truth. My husband and i haven't lived together in the last 6 months but we are trying to work it out, we do not believe in divorce... before trying all options. We talk everyday, I am sure he will agree to go to the interview with me.. but the strain in our relationship is apparent, u cannot hide it.

[James 2]

That advise - sic will just bring tears at the interview.

Mine may have been terse, but correct.

Uh -- no. You stated if she did not reconcile or divorce she would be "ineligible" (and to "adjust" to boot). A simple search here reveals that your "advise" is incorrect.

The petition has already been properly filed jointly. If she does in fact get divorced, or if separation in her jurisdiction necessarily and ultimately means divorce (i.e., what's often called "legal" separation), then perhaps she might have to amend or even re-file. That I do not know. But I do know that if she establishes that the marriage was not entered into for the purpose of evading the immigration laws, she will have her conditions removed -- even if she and her husband are no longer living together. Whatever difficulty may be involved with that does not equate to ineligibility.

As a practical matter, it probably is best to consult an attorney and see what he or she would recommend, given, among other things, that separation means different things in different states.

[Boiler 45,542]

For the benefit of others you are confusing issues, OP has the answer.

[James 2]

For the benefit of others you are confusing issues, OP has the answer.

How so? Your cryptic replies aren't exactly illuminating. Plus if anybody is confusing issues, you are with this talk of ineligibility and adjusting.

The answer you say the OP has is precisely what I suggested. But the bottom line is that if this is problematic in any respect, she should consult an attorney.

[mysweets34 0]

hey guys no fighting!,,,,

thanx for input.. i have attorney appt. soon