What to expect from your I-751 interview

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When you've been married to your US citizen spouse for less than two years at the time of your adjustment of status interview, you'll be granted conditional resident status, which is good for two years.  At the end of two years, you'll need to file Form I-751, Petition to Remove the Conditions on Residence.  I've talked elsewhere about the choices you need to make in completing that form.  Here, we'll assume that you've completed the I-751 process, and are now being called for an interview.  What do you need to do to prepare yourself for this interview?

First, if you filed jointly with your spouse, you need to make sure that you are both able to appear at the interview.  It is less common to receive an interview notice if you're filing jointly, so typically this means that USCIS has some suspicion about the marriage, based on something that happened at the initial adjustment of status interview, or based on some subsequent investigation or the type of documents submitted with the filing.  Many times, couples file the I-751 jointly, although they may be having marital difficulties at the time of filing, but by the time the interview comes they are separated.  If this is the situation for you, I recommend talking to an immigration attorney --there are important decisions about how to proceed that someone who is familiar with your specific situation can help you to resolve.  Generally, couples who are separated and planning to divorce can request an opportunity to refile once the divorce is completed, but you will want to consult an immigration attorney to determine what the appropriate solution for your case is.

The more common situation where an interview is scheduled is where the alien has filed based on divorce or hardship.  I'll talk primarily about divorce here, and will not address VAWA (abused spouse) cases, since that is a unique process.  Divorce waivers are the most common, and often lead to an interview being scheduled.  If you are filing this way, some tips:

First, prepare carefully to ensure that you have as much supporting evidence as you can gather to show that your marriage was genuine.  Often, when a couple is divorcing they destroy much of the evidence of their joint life together, or leave it behind in the move.  This is not fatal to your case, but it does mean that you will have to work harder to prove that your relationship was genuine.  You should have submitted much of the evidence in your case with the initial filing, but do try, before the interview, to gather additional supporting documents, like affidavits, cards and letters, photos, joint bills or accounts, financial records, lease agreements, etc.  The affidavits submitted on your behalf should be detailed and credible, and, if your divorce was for specific reasons (your spouse had a problem with drugs or alcohol, for instance, or was involved with another partner), people with knowledge of that situation should provide their own testimony regarding what went wrong.

Once you have gathered the documents you'll be bringing with you, make sure that you have a copy that you are willing to give to the officer, as well as the original.  Officers will often keep original photographs for the file, so make sure that you are willing to part with any that you bring.  I suggest having your documents organized according to the type of evidence:  cards, letters and photos together, affidavits together, household bills and lease agreements together, etc.

The officer conducting your interview may have had an opportunity to review your file prior to the interview, and, especially if you submitted an affidavit in support of your application, may have fairly specific questions regarding your case.  Unlike your adjustment of status interview, where the officer was concerned not only with whether the marriage was genuine but also with your admissibility as an immigrant, at the I-751 interview, the only question is whether the marriage is or was real.  The officers tend to go into much more detail at the I-751 level than during the adjustment of status process, and some of the questions can become pretty personal.  Especially if you are a fairly private person, or if you come from a cultural background where talking about relationship issues is somewhat taboo, you may want to prepare yourself for the interview by talking to a friend or relative about some of the things that might come up.  Here are some topics that tend to be discussed--it's certainly not an exhaustive list, because so much depends on the specifics of your individual case, but it should give you an idea of some things to expect:

1.  How and where you met your spouse
2.  The length of your courtship
3.  Your relationship with your spouse's family
4.  When you first started experiencing problems in your marriage
5.  What steps you took to resolve those problems, if any
6.  Who initiated the breakup
7.  When you or your spouse moved out of the marital home
8.  Whether there was infidelity on the part of you or your spouse
9.  What specific factors contributed to the breakup
10. If you are in a new relationship, why you feel like the new relationship will work despite the fact that your previous marriage ended in divorce.

Become comfortable talking about the issues in your marriage, and be prepared to be candid and forthright with the officer about what went wrong.  Every relationship is unique, but there are certain patterns that come up with some regularity, especially when the relationship is ending after a relatively short period of time.  If you married after a very brief courtship (6 months or less), or if you and your spouse come from very different cultural backgrounds, be prepared to answer questions about that.  The officer may seem to be suggesting that you were wrong to marry your spouse, but only you know why you made the decision to marry who and when you did. You need to take ownership of those decisions--you made the choices you did for a reason, and whether you wish now that things had turned out differently is irrelevant to having your case approved, as long as your reasons for marrying were genuine.

As with any encounter with USCIS, projecting confidence and being honest and forthright will be the key to your success.  The end of a marriage is difficult enough without adding the complexities of the immigration process to the mix, but think of all you have been through in order to get to this point, and I'm sure that you will find that you are strong enough to get through this, too.

And if you need help, or if you have questions, please feel free to contact me at christina@cruddenlegal.com, or visit my website, www.cruddenlegal.com.