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What Do I Do Now!...I am a Conditional Permanent Resident and My U.S. Citizen Spouse Will Not Attend the Interview With Me

What Do I Do Now!...I am a Conditional Permanent Resident and My U.S. Citizen Spouse Will Not Attend the Interview With Me

Posted by: ScottMond Law Firm
August 13, 2012
Topic: Family Law & Immigration

We explain in this short blog the steps that need to be taken when a Joint I-751 (Application to Remove Conditions from Green Card) is filed, and the U.S. Citizen spouse subsequently refuses to attend the interview. Ultimately, the marriage begins to fail or fails before the requested USCIS Interview. In our previous blog posts, we have explained the I-751 Application process and I-751 waivers more extensively. Below we focus on specific steps to follow if by the time of interview the couple is no longer on speaking terms and a separation or divorce has occurred.

  1. It is important to contact a U.S. Immigration attorney to find out strategically when it is best in your State to file for divorce or to remain separated.
  2. If the interview is approaching, and there is no reconciliation between the husband and wife, the spouse whos status is set to expire should still attend the interview with legal representation and simply ask the interviewing officer if he or she can please convert the I-751 joint application to a waiver application.
  3. The Conditional Resident should go to the interview with strong evidence of the bona fide marriage, and evidence of hardship that will occur if the application is denied, or his or her case is referred to Immigration Court. (DO NOT present this evidence unless you are specifically asked by the USCIS Officer). It may be better to wait until a "Request for Additional Evidence" (RFE) is issued by the USCIS. And ONLY provide what the RFE specifically requests, and no more. If the Interviewing Officer does not suggest issuing an RFE, request that your legal counsel ask for one to be issued.
  4. The Conditional Resident spouse needs to keep important information in their possession, especially a copy of the Jointly filed I-751, and evidence that the marriage is bona fide.

Often if the above steps are followed a Conditional Resident faced with divorce or separation their U.S. Permanent Resident status will still be approved once the marriage was bona fide. In sum, a Joint Application to Remove Conditions can be converted to an I-751 waiver with the help of legal counsel and should not be abandoned.

You may contact our U.S. Immigration attorneys at [email protected] or call our offices at our telephone numbers conveniently listed at www.scottcclaw.com.

ScottMond Law Firm

Members of the American Immigration Lawyers' Association

Offices located in Washington D.C, Virginia and Maryland

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