I-751 interview preparation help

[jg121783 3,908]

As the title says my wife just received a notice of an upcoming I-751 interview. It is on May 20th at the Milwaukee office. We filed the I-751 package back in February of 2019. It is my understanding that if you provide conclusive evidence of a "bona fide" marriage the interview is usually waived. That makes me a little worried that they might see something that looks like a red flag to them. On the other hand I have read that some cases are selected at random for interviews so maybe that is what happened here. In the I-751 package I sent them a birth certificate for the child we have together, A joint lease agreement, joint bank account documentation showing both of our paychecks deposited to the same account among many other things. I literally sent them a mountain of paperwork. That is why I can't understand why we are being required to have an interview other than maybe we were selected at random. Anyways we have to play the hand we are dealt here so instead of complaining I am writing this post to get some advice on how to handle the interview (though if someone has some insight into this it would be interesting to know). I have many questions here so please answer whatever you can.

 

First of all the issue I am probably most worried about is my tax returns. Perhaps this created a red flag with our case. We got married in 2016 in the Philippines and my wife didn't get here until 2017. I mistakenly filed my 2016 tax return as single. From 2017 on we have filed joint tax returns. I provided them with our 2017-2019 tax returns. Is it possible they want our 2016 tax returns and how do I explain the situation if they do? 

 

The next issue is my 14 year old step son's case. We have not received a notice about his case since his biometrics appointment. Will his case be automatically approved after my wife's case is approved or do we need to take further action for his case?

 

The next thing is documentation we need for the interview. I am trying to get that all together today as I have some spare time today and the wife and kids are gone for the day  Should we bring all the stuff that was sent with the I-751 package in addition to new evidence? Here is the list of stuff I plan on bringing assuming I need to include everything sent in the I-751 package. Please tell me if I need to add anything:

 

-Son's birth certificate

-Statements from joint bank accounts showing direct deposits to same account

-Joint personal loan and car loan documentation as well as joint credit card documentation

-Joint lease agreement

-Pictures. This might be a slight issue as I am the type of person who doesn't like to have my picture taken so we don't have a huge amount of pictures together (usually I am the one taking pictures of my wife and kids).

-Joint car insurance documentation

-401k and death benefit beneficiary documentation

-Joint health insurance documentation

-2017 to current joint tax returns

-Any other documents the interview notice listed (green card, ect)

 

The next issue is the interview its self. Assuming the worst case scenario and they want to interrogate us what type of questions should we be ready for and how should we answer them? I know that is kind of a broad question. I would like to believe the interview will be fairly brief considering the evidence we have but I like to hope for the best and prepare for the worst. So I would like some insight into both what we can reasonably expect and what we should be ready for if they believe we have sufficient documentation and what we should be ready for in the worst case scenario.

 

The other thing that I don't think should be an issue but I would like to make sure is my wife recently got a speeding ticket for going over 25 miles over the speed limit. We are hiring an attorney and fighting it in court because she swears she wasn't going that fast but if they find out about this could it cause any issues? I am more concerned though about how this could affect her naturalization should we be unsuccessful fighting it in court. In Wisconsin this is only a citation and not a criminal offense but I am concerned this might not look good when she applies for naturalization. Anyone have any insight into this?   

 

Anyways that is all the questions I have for now though I'm sure I'll think of more. Anyways please answer whatever you can and thank you in advance.

 

[da95826 387]

USCIS requires interviews for many reasons most do not have anything to do with the merit of your case. If your wife’s green card was processed outside of the USA then you will be required to undergo an interview, almost all consular processed cases get an interview as a matter of policy. 

Other cases are sent for interview for quality control reasons, and yes those with red flags and weak evidence will likely get an interview.

Your case seems strong so I'm sure you got the interview due to the way you got the green card (out of the USA).

Yes, provide updated evidence of your bonafide marriage, your latest joint TAX returns transcripts from the IRS (file your joint 2020 tax returns if needed). USCIS likes the IRS tax transcripts.

Copies of current state issue IDs or drivers licenses from each of you with same address

Updated lease or mortgage

W2 and 1099 for each of you

Joint bills

Joint bank account statement.

Photos at family events

Travel tickets together

You and your spouse should get the dates events happening during your relationship correct, birthdays, when you met, where you proposed, where you met each other, you should know each other's job titles, where each other work, when you wake up. All the information you would know if you live together every day.

Make sure to get a translator if there is any chance your spouse will not understand the questions asked.

I am sure you have a strong case and your interview will go well, don’t stress too much.

[Crazy Cat 39,945]

40 minutes ago, jg121783 said:

It is my understanding that if you provide conclusive evidence of a "bona fide" marriage the interview is usually waived.

Not for people who entered via an IR-1/CR-1 visa.  To waive the interview, the I-751 petitioner must have already been interviewed by USCIS (such as an Adjustment of Status interview).  I think your evidence is fine.  

Remember, less than 5% of all I-751s are actually denied.  I wouldn't worry too much at all.

 

By the way, we filed my wife's (who entered via a CR-1) I-751 in March 2019.......and we are still waiting for our interview.

[jg121783 3,908]

11 minutes ago, da95826 said:

USCIS requires interviews for many reasons most do not have anything to do with the merit of your case. If your wife’s green card was processed outside of the USA then you will be required to undergo an interview, almost all consular processed cases get an interview as a matter of policy. 

Other cases are sent for interview for quality control reasons, and yes those with red flags and weak evidence will likely get an interview.

Your case seems strong so I'm sure you got the interview due to the way you got the green card (out of the USA).

 

 

11 minutes ago, Lucky Cat said:

Not for people who entered via an IR-1/CR-1 visa.  To waive the interview, the I-751 petitioner must have already been interviewed by USCIS (such as an Adjustment of Status interview).  I think your evidence is fine.  

Remember, less than 5% of all I-751s are actually denied.  I wouldn't worry too much at all.

 

By the way, we filed my wife's (who entered via a CR-1) I-751 in March 2019.......and we are still waiting for our interview.

I must have misunderstood how that works. My wife did enter the US on a CR1 visa after an interview at the embassy. So you are saying the interview at the embassy was not good enough to waive the I-751 interview requirement and there has to be an interview in the US? If that is the case I am not as worried that there might be a red flag with our case. Hopefully it will be a quick interview as I have read some people have experienced. My wife said the interview at the Manila embassy was quick and easy with the only question of substance being if she could handle the cold Wisconsin winters. I plan on bringing a huge stack of documentation and hopefully that will be enough to convince them. I have been handling my wife's immigration applications from the beginning all by myself with a lot of help from this website and up until the I-751 my wife's case has progressed faster than average with no complications. Hopefully this part goes just as smoothly (though it has taken a long time). You two answered most of my questions. Do you know anything about how my step son's case will be handled considering his I-751 was filed along with my wife's? Like I said we haven't received any notices for him and the USCIS website case status hasn't changed since his biometric appointment. Will he automatically be approved after my wife is approved or do we need to contact USCIS about this?

[Crazy Cat 39,945]

5 minutes ago, jg121783 said:

So you are saying the interview at the embassy was not good enough to waive the I-751 interview requirement and there has to be an interview in the US?

The interview at the consulate outside the US was conducted by DOS, not USCIS.  Therefore USCIS has never interviewed your wife.  Waiving the I-751 interviews requires that the new immigrant was previously interviewed by USCIS.  Your wife (as well as my wife) does not meet the requirement.

Edited April 24, 2021 by Lucky Cat

[da95826 387]

2 hours ago, jg121783 said:

Do you know anything about how my step son's case will be handled considering his I-751 was filed along with my wife's?

When your spouse filed the i751 was the child included in the case and did you pay the biometric fee for both? If so then I am sure his green card will be approved at the same time as your spouse. The child's case will not move ahead until the parent's case moves ahead. You can inquire about it at the interview to confirm you are all good.

 

Best of luck to you both.

[Renegade 11]

My interview is in one month (N400, but I'm guessing they will do I751 also) , and I really don't know what else can I take with me except for 2020 Tax transcripts, recent photos from trips and recent bank statements. 

I've sent the lease agreement back in 2019, should I take original to the interview? 

[elmers 289]

12 hours ago, Renegade said:

My interview is in one month (N400, but I'm guessing they will do I751 also) , and I really don't know what else can I take with me except for 2020 Tax transcripts, recent photos from trips and recent bank statements. 

I've sent the lease agreement back in 2019, should I take original to the interview? 

The general recommendation is that you take with you whatever you mailed them plus documents that you forgot to include in the package plus any new document that came into existence since mailing the package.

[DelilahBrz 48]

An interview at the embassy is not necessarily an interview with uscis. I imagine this is why you have an interview. 
 

we had our interview Wednesday and the officer told us that this was the only reason why we were asked to come in. 

[ms_bobdog 501]

I had my interview on Wednesday and submitted the following:

 

Latest federal and state tax returns

Latest joint bank account statement

Proof of joint ownership of car

Car insurance with both our names on it

Life insurance showing each other as beneficiary

New copies of letters sent by the utility company to show both of our names on it

Proof of new auto loan application in both our names last year

Latest property tax bill showing both our names 

 

While the officer did not mention why we were called in for interview (I am CR-1 and never been interviewed in the US before), he did say at the end of the interview that when everything is in order, the interview is very short and not what people think would be 7 hours long. He was very nice and even suggested we check out some Greek food in the area, since we drove almost 3 hours to get to the interview. We were asked the following:

 

Confirmation of biographical details (my name, my date of birth, husband's name, husband's date of birth, our residential address and what type of property it is)

How many times have I been married? (This is my second.)

How did we meet? (This was a very long story and my husband was asked if I had missed out anything, lol)

Colour of our house?

How many bathrooms are there in the house? (We only have one, so the officer commented 'oh that sucks', lol)

Do we have any kids? (We don't.)

(After seeing our dog-themed mask) I assume you have a dog? What kind of dog?

 

He took the copies of pictures I had brought at the end and they were mostly road trips with our dog and our dog rescue work and we chatted about that. I got an email update 30 minutes later to show that new card was in production and the latest update is that the card has been mailed. 

 

I really wouldn't overthink it for a legitimate relationship  Hope this helps!