I-751 waiver interview questions

[Alex1987 0]

Hello.

I have upcoming i-751 waiver interview, under lot of stress.

Does anyone know what kind of questions IO could ask?

Waht probably can happen if i fail it?

under lot of stress right now, reason why never gaved them enough evidence.

[JayJayH 546]

During an I-751 waiver interview it is the alien's burden of proof to show that the marriage was bona fide. The IO will likely ask questions pertaining your marriage, why it failed, how it failed, when it failed etc.

How long were you married? How long were you married after receiving the green card? What kind of evidence have you submitted, and what kinds of further evidence can you bring to the interview?

If you fail, but USCIS cannot prove fraud, the USCIS will still want to revoke your green card. You will have a chance to appeal, and bring the case in front of an immigration judge. These things take time, you will not be detained on the spot.

If they can somehow show convincing evidence of fraud you could get a fraud marriage conviction, jail time and lifetime bar with no possibility of a waiver. Sounds scary, I know, but this is rare, and there would have to be clear cut evidence of fraud.

Edited November 15, 2013 by Yang-Ja

[Alex1987 0]

Hello Yang-Ja.

Thank you for your reply.

We had been married for 2,6 years. We got dvorsed 1 year and 5 months after i got my green card.

I had an injury and was unemployed for 10 months... got the proof of injury, got benefits for not working time, only 2 years after injury. I dont have enough of evidence, like W2 forms there was nothing to show either of us worked, bills dont have them either parents were supporting us, have picture of us, and affidavits and thats about it.

How do you think what are my chances?

[JayJayH 546]

Hello Yang-Ja.

Thank you for your reply.

We had been married for 2,6 years. We got dvorsed 1 year and 5 months after i got my green card.

I had an injury and was unemployed for 10 months... got the proof of injury, got benefits for not working time, only 2 years after injury. I dont have enough of evidence, like W2 forms there was nothing to show either of us worked, bills dont have them either parents were supporting us, have picture of us, and affidavits and thats about it.

How do you think what are my chances?

First of all, picture evidence. Pictures can be good evidence! or it can be worthless - all depends on how they're used as evidence. The mistake that many people make is using quantity over quality. The amount of pictures submitted is usually irrelevant. I hear people say "we submitted 150 pictures and they still denied us! How any pictures do they want!?" - it's not how many, it's what they show. Remember, pictures are used as evidence to prove a bona fide marriage, not to show that you own a camera.

Worthless picture evidence would be i.e. 150 pictures, all taken on Halloween last year showing mostly your faces. This proves that you spent Halloween together, and that you had access to a camera at that time.

Good picture evidence would be i.e. 30 pictures spanning your entire relationship and subsequent marriage. The pictures should not only show the two of you, but also clearly distinguishable backgrounds. For example, two pictures from Hawaii, two pictures from xmas with her family, two pictures showing the two of you with your family! some pictures of the two of you in various situations - spanning different seasons.. Some from winter, some from summer, different hair styles etc. if nothing else, this at least proves that you have spent a significant amount of time together, have traveled together, and have met each other's families.

You must have had some degree of co-mingled assets? Like a joint bank account, joint car registration, both listed as drivers on a car?

If parents were supporting you, show that. If her parents names were on the utility bills, can you show mail addressed to you going to that same address? Preferably important mail?

As for affidavits - are you two still friends or at least on good terms? Who are the affidavits from? Could you get an affidavit from her? Maybe from one of her family members?

Edited November 16, 2013 by Yang-Ja

[Alex1987 0]

Hello Yang-Ja.

Thank you for giving me a good advise, and on a same time calming me down.

Yes, we do have pictures from different events, times of the year.

For the past 2 years pictures, when my parents come over for Christmas, we all were togehter, even on last one

while we were going though divorce.

What about mail, i have to check i might have papers saved, i might find important ones.

Like greencard been mailed to her parents address, and hopefully i saved doctor bills.

Car insurance with both of our names, they has it. Bank account statement provided on first interview, there was not much but after injury there was nothing to show at all.

With parents we are in good relationship, and they both wrote well described affidavits.

Other 6 affidavits from out friends, and my affidavit explaining what and why.

But never thought of getting one from her, thats a good point.

Most of those documents i had send in my RFE, even after got an interview.

So far, how it will come out at the end?

Thank you.

[JayJayH 546]

How will it go? No one can tell you. Get the car insurance policy from her parents. Try to get an affidavit from her if you can.