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Joen

Waiver of Interview

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According to an Interoffice Memorandum, dated 6/24/2005, both joint petition and “waiver” cases are considered to be eligible for waiver of the interview requirement when they are accompanied by sufficient supporting documentation to establish the bona fides of the marriage and when there is no indication of apparent fraud or misrepresentation.

When warranted, Service Centers should seek additional evidence through the RFE process and adjudicate the case on its merits in lieu of transferring to a district office for interview, except for instances where the petition contains:

• Information that is inconsistent with information discovered in the supporting documentation;

• Potential evidence of fraud or misrepresentation;

• Inconclusive evidence pertaining to the bona fides of the marriage to make a decision on the record notwithstanding receipt of a response to an RFE; or

• A particularly complex set of facts or issues that the Director feels would be best resolved by an interview.

Service Centers should continue to forward cases meeting the above criteria to the district office for interview except for cases involving fraud. All cases meeting the minimum threshold for fraud must be referred to the Fraud Detection and National Security Immigration Officer (FDNS IO), per the guidance in the memorandum entitled Criteria for Referring Benefit Fraud Cases.

crintwaivr062405.pdf

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Actually it is quite rare to get an interview for I-751 removal of conditions, waiver is automatic in most cases.

Only if the adjudicator has strong indications that marriage is not genuine will an interview happen.


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