5 Questions about I-751 Initial Interview...and also a detailed history of this case

[Trymester3 6]

I am helping my ex-wife prepare for her Form I-751: Petitition to Remove Conditions on Residence (Initial Interview).

 

I am a US Citizen and she is a Japanese Citizen. We both live in New York at 2 different locations. **I typed the 5 questions underneath the dotted line**

 

 

This is a brief timeline of everything that's happened so far (October 2005-November 2021)

 

October 2005-April 2014- We met and enjoyed each other's company as a bf/gf couple

April 2014-Late 2016- We were married in New York City and lived together

Early 2017- After much damage to the relationship, our divorce was finalized, and she also filed her first I-751 with a Divorce Waiver

Mid-Late 2017- Her 2-year Conditional Green Card expired

June 2018- USCIS sent an RFE asking for the Divorce Decree (since it wasn't ready in time for the first time she filed), but she never received this RFE since it was sent to a different address.

November 2018- USCIS sent a letter stating that because she never replied to the RFE, that her Permanent Residence status is TERMINATED (This also went to the wrong address, so she never saw it)

January 2019- She checked USCIS for a Case Status Update, and learned for the first time of the June 2018 and November 2018 letters that she never received

February 2019- Thanks to unofficial suggestions from VisaJourney, she reapplied for the I-751

 

During this time she was also advised to get an I-551 stamp in her passport, but she was never able to get an appointment, so she never got one.

 

During this time, I may have accompanied her to get biometrics fingerprints done again, but I honestly can't remember

 

During this time: she worked (she has a Social Security Card and NY State ID), received unemployment during Covid-19 (PUA), and filed taxes all years that she was required to. Also, she was waiting to be scheduled for an interview.

 

November 2021- She received a "Notice of Action" mentioning an Initial Interview. She has been scheduled for December 2021

==================================================================================================================================================================================

 

QUESTIONS:

 

1.) Any advice from anyone that's been through a similar situation, (i.e. working and living with an expired Green Card, filing taxes despite not having an official residence status since November 2018, etc.)? I advise her to be completely honest with the interviewer, but what can she expect to be asked?

 

2.) The Notice of Action says that she needs to bring with her "All travel documents used to enter the United States" and that she should "take a certified English Translation for each foreign language document". Does this mean that she needs to get her Japanese Passport translated?

 

3.) The Notice of Action also states that she should bring an "I-94" and "I-512" if they exist, but even if she did still have those, I don't see what the point of them would be since they'd be older and possibly outdated documents from before she ever got her Green Card in the first place, no?

 

4.) Since this "initial interview" corresponds to the 2nd I-751 that she filed, does that mean that everything that happened before (things that were related to the filing of the first I-751) are null and void?

 

5.) I'd be more than willing to accompany her on her interview, but I don't fall into any category of "Only the following people may come with you to your interview" The interview will be at 26 Federal Plaza in New York. Anyone have any experience with this location and think that the USCIS would allow me into the place anyway, despite me not "qualifying". I know that rules are rules, but sometimes rules are broken.

 

P.S.- I know that it may be a little crazy that I'm trying to help her so much, but I am the one responsible for bringng her over to this country and getting her into this mess in the first place. I'm not trying to get back with her, but I know that she and I both would love the closure of getting this long journey settled (at least for 10 years)

 

*No attorneys were used during any part of this whole process

 

Any help or input either in this thread or via private message is appreciated. Thank You.

[arken 4,197]

1. The IO wouldn't be interested in why she was working and filing taxed on an expired GC.

2. If her Japanaese passport is in japanese langauge, then yes.

3. why not bring wat is being asked rather than figuring out rationale behind it.

4. Initial i751 is already void with no response to RFE.

5. In uscis eyes, you at present are not a factor or noone to her i751 with divorce waiver, so why would they allow you in, for what reason.
 

If it's labelled as an initial interview, it could very likely to determine whether to keep this i751 active for processing or void it due to late filing. The fact that she is called is good. She should probably be prepared to answer the good reasons behind not responding to previous rfe and late filing of this one.

[Trymester3 6]

29 minutes ago, arken said:

1. The IO wouldn't be interested in why she was working and filing taxed on an expired GC.

2. If her Japanaese passport is in japanese langauge, then yes.

3. why not bring wat is being asked rather than figuring out rationale behind it.

4. Initial i751 is already void with no response to RFE.

5. In uscis eyes, you at present are not a factor or noone to her i751 with divorce waiver, so why would they allow you in, for what reason.
 

If it's labelled as an initial interview, it could very likely to determine whether to keep this i751 active for processing or void it due to late filing. The fact that she is called is good. She should probably be prepared to answer the good reasons behind not responding to previous rfe and late filing of this one.

1.) Thanks

2.) Thanks

3.) The only reason I mentioned it is because since the situation is already cluttered enough as it is, I figured it might be best to limit paperwork unless absolutely necessary, so as to not further confuse or irritate the IO.

4.) That makes sense. Thanks.

5.) It's true that I'm a non-factor, but since I handled almost ALL of this from the beginning to the end, there is no one better suited than I am to help answer any questions that the IO may have. My ex-wife may also get confused due to her language comprehension level, that's why if there was any sliver of a possibility that I "could" be there, I would like to know.

 

*Here is where some of the confusion arises. It "is" an initial interview, and they were already informed as to the reason why she never responded to the RFE that was sent for the first i751.

 

In your answer to question #5, you mentioned twice "late filing", but technically neither the 1st or 2nd i751 were filed late. The first one was filed before the deadline, but the RFE they sent afterwards was never responded to. As for the second one, there was no official deadline. When we learned that it was possible to re-apply after being told that her status and rights were terminated, we hurridely re-applied within 7 days.

[arken 4,197]

37 minutes ago, Trymester3 said:

there is no one better suited than I am to help answer any questions that the IO may have.

Did you fill the preparer and interpreter's part on the i751 if you filled it? It's her i751 not yours, you helped her that's fine but uscis has nothing to do with you unless of course you signed up as her attorney. Even if you are there, any questions IO ask her, you won't be allowed to answer. If they want any from you, they'll ask you but they want nothing from you for sure.

[USC4SPOUSE 506]

@Trymester3I would strongly suggest that she attends the interview with an attorney. I do not know how difficult it may be to find an attorney who is fluent in Japanese. I think that would be helpful. I have not been in your situation. We brought an attorney to my husband's AOS interview. His memory is not great and at the time, his English was not as fluent as it is now. We just brought an attorney in case the officer would decide to interview me first and then my husband. It was helpful to have the attorney. Officers have a way of following protocol the moment an attorney is present. 

We paid her $500 dollars for the 2 hours that she was with us. Honestly, I was ready to pay $1000 but she did not ask. That said, I do not regret bringing an attorney. According to my husband, she clarified a few questions that the officer asked. 

 

That's my humble 2 cents. 

[Duncan21 202]

I agree with bringing an attorney to the interview.  Even if they cannot attend in person (which would be ideal), they can attend by phone.  In our interview, we did have an attorney who called in.  Regarding question 5, perhaps our experience will help: the only letter we received was for a N400 interview and only the attorney was allowed to accompany applicant.  However, both of us went to the interview in the event it would be a N400/i-751 combo interview.  The only person that questioned why the US citizen spouse is present was the security guard - we basically told her that our attorney specifically asked the US citizen spouse to attend because of the i-751 and that was enough to let us both in.  I would also say that even if they do not let you in, it would be good to still be on standby in case the officer do ask for you to come in.  You ex-wife should let the officer know that you are outside/on standby/etc.  I think it is also great that you are helping your ex-wife through this process and supporting her through it.

[Trymester3 6]

Thank you all for your replies.

 

Since I'm only in the position of "helper" and don't legally have any ties to this matter anymore, then I have to respect my ex-wife's wishes as to how she wants to go about this "initial interview". About a week ago, when I mentioned the possibility of a lawyer to her, she said that she doesn't think she'll be getting one for this interview.

Her POV is that "everything is going to be okay", and that before the USA would get rid of her, they'd have to get rid of everyone else who is currently in the USA illegally. Also, she figures that since she hasn't committed any crimes and comes from a first world country, that the USCIS will probably go easy on her.

 

Looking ahead a little bit, what are the possible outcomes that she can expect from the interview?

If it goes well, they'll either schedule a second or final interview, and then go about getting her a 10-year green card?

If it goes bad, then what's going to happen?

 

Even if their decision would be that she needs to leave the country, she would probably have a chance to appeal that decision, right?

 

I'm thinking that if it gets to the point where she would need to appeal a negative outcome after the initial interview, then that's when she would go about getting a lawyer.

 

@Duncan21 I wouldn't mind being there for her on standby in the waiting room and telling her to let the IO know that I am waiting outside just in case the IO needed any clarification on this particular case. From what I've read in this thread, it seems highly unlikely that I would be invited into the interview room, but even if it's a 1% chance, then I'd be okay with that.

 

 

[SteveInBostonI130 3,319]

2 hours ago, Trymester3 said:

Thank you all for your replies.

 

Since I'm only in the position of "helper" and don't legally have any ties to this matter anymore, then I have to respect my ex-wife's wishes as to how she wants to go about this "initial interview". About a week ago, when I mentioned the possibility of a lawyer to her, she said that she doesn't think she'll be getting one for this interview.

Her POV is that "everything is going to be okay", and that before the USA would get rid of her, they'd have to get rid of everyone else who is currently in the USA illegally. Also, she figures that since she hasn't committed any crimes and comes from a first world country, that the USCIS will probably go easy on her.

 

Looking ahead a little bit, what are the possible outcomes that she can expect from the interview?

If it goes well, they'll either schedule a second or final interview, and then go about getting her a 10-year green card?

If it goes bad, then what's going to happen?

 

Even if their decision would be that she needs to leave the country, she would probably have a chance to appeal that decision, right?

 

I'm thinking that if it gets to the point where she would need to appeal a negative outcome after the initial interview, then that's when she would go about getting a lawyer.

 

@Duncan21 I wouldn't mind being there for her on standby in the waiting room and telling her to let the IO know that I am waiting outside just in case the IO needed any clarification on this particular case. From what I've read in this thread, it seems highly unlikely that I would be invited into the interview room, but even if it's a 1% chance, then I'd be okay with that.

 

 

 

This is your ex-wife's case.  It would be best to ask her to sign up here and ask questions and request suggestions directly.

 

It is admirable for you to try to be proactive for her.  But any anxiety you have or any answers and recommendations we provide will be for naught if she just wants to do it her way.

 

If she wants your help, then great.  But it sounds like from your posts that she doesn't.  Pushing string doesn't really work all that well.

[African Zealot 1,452]

I think a little different from some people. My thinking is if I was an USCIS officer, I would wonder why am ex husband is so involved in his ex wife’s immigration petition.

 

For me I would say you should back off providing any indication that you’re involved in her stuff. Some people allegedly married their friends just for the purpose of securing them a green card (marriage was not bonafide or in good faith) and you could come across as such.

 

My $0.02!

[Trymester3 6]

@SteveInBostonI130

I understand fully what you are saying, but as she is going through this whole process, if things get out of hand, I'll probably be sought out to help her clean up her mess. I don't have any actual obligation to do so, but since it was an "uncontested/no-fault" divorce, I have no issues helping her out. 

 

As to why she doesn't create her own profile here and ask her own questions, I could provide a multi-layered answer, but it pretty much boils down to her not having the full capabilities to understand the answers that would be provided.

 

@African ZealotI agree with you. It does come off as "alarming" and I will get that in check, as far as "looking too eager to help her", but I think one of the reasons for my behavior is because I do have some guilt. I'm the one that asked for the divorce. If I could have held on for a few more months, she probably could have received the 10-year green card, and we could have got divorced after she already had it. I didn't want to be in the marriage any longer though, so that's what happened. Since I do know her for over 10 years however, that's why I don't just want to abandon the green card situation.

 

Thanks to the both of you for your replies though.

[arken 4,197]

Since you are still insisting, let's put this way:

You attending her interview and trying to answer their questions to clarify bunch of things will potentially create lots of doubt about if the whole marriage thing was setup just for GC in IOs mind that could potentially result in her denial. You want her to get 10 year GC, don't try to accompany her and interfere with IOs questions. 
 

Let's see from IOs perspective. A guy married and petitions for his wife, the wife gets 2 yr GC, they divorce and guy is now trying so hard so the ex gets 10 yr GC after initial rejection. A typical petition case for GC purpose only. 

Edited November 11, 2021 by arken

[Trymester3 6]

40 minutes ago, arken said:

Since you are still insisting, let's put this way:

You attending her interview and trying to answer their questions to clarify bunch of things will potentially create lots of doubt about if the whole marriage thing was setup just for GC in IOs mind that could potentially result in her denial. You want her to get 10 year GC, don't try to accompany her and interfere with IOs questions. 
 

Let's see from IOs perspective. A guy married and petitions for his wife, the wife gets 2 yr GC, they divorce and guy is now trying so hard so the ex gets 10 yr GC after initial rejection. A typical petition case for GC purpose only. 

Thanks for putting it in that perspective.

 

Just to clarify, she never had an "initial rejection" though. Her case was terminated because she never responded to the RFE in time because it went to a different address.

 

You are right however. Despite me knowing the full truth, that doesn't make much difference in the mind of an IO that may suspect ulterior motives based on their experiences with these sorts of cases. 

 

Thanks again.

 

 

Edited November 11, 2021 by Trymester3
Clarification

[USC4SPOUSE 506]

@Trymester3

I think she will be fine, though. Divorce happens all the time and USCIS approves such cases all the time. It does not sound like you two had any issues with the initial green card. If the only hiccup is that she had to file again because her initial case was terminated, then I would say she is in very good shape. Again, if anything I would really recommend having an attorney who is fluent in Japanese and if necessary, an attorney and a Japanese interpreter. 

Here is how you can help her. Go through the evidence that she submitted and see if the evidence can be strengthened in any way. If she did not submit evidence since the date of the marriage, then make sure that the evidence covers the entire span of your marriage. Beyond that, I would not push to be there. That may raise red flags that aren't there. 

[poh 124]

On 11/10/2021 at 12:25 PM, Trymester3 said:

I am helping my ex-wife prepare for her Form I-751: Petitition to Remove Conditions on Residence (Initial Interview).

 

I am a US Citizen and she is a Japanese Citizen. We both live in New York at 2 different locations. **I typed the 5 questions underneath the dotted line**

 

 

This is a brief timeline of everything that's happened so far (October 2005-November 2021)

 

October 2005-April 2014- We met and enjoyed each other's company as a bf/gf couple

April 2014-Late 2016- We were married in New York City and lived together

Early 2017- After much damage to the relationship, our divorce was finalized, and she also filed her first I-751 with a Divorce Waiver

Mid-Late 2017- Her 2-year Conditional Green Card expired

June 2018- USCIS sent an RFE asking for the Divorce Decree (since it wasn't ready in time for the first time she filed), but she never received this RFE since it was sent to a different address.

November 2018- USCIS sent a letter stating that because she never replied to the RFE, that her Permanent Residence status is TERMINATED (This also went to the wrong address, so she never saw it)

January 2019- She checked USCIS for a Case Status Update, and learned for the first time of the June 2018 and November 2018 letters that she never received

February 2019- Thanks to unofficial suggestions from VisaJourney, she reapplied for the I-751

 

During this time she was also advised to get an I-551 stamp in her passport, but she was never able to get an appointment, so she never got one.

 

During this time, I may have accompanied her to get biometrics fingerprints done again, but I honestly can't remember

 

During this time: she worked (she has a Social Security Card and NY State ID), received unemployment during Covid-19 (PUA), and filed taxes all years that she was required to. Also, she was waiting to be scheduled for an interview.

 

November 2021- She received a "Notice of Action" mentioning an Initial Interview. She has been scheduled for December 2021

==================================================================================================================================================================================

 

QUESTIONS:

 

1.) Any advice from anyone that's been through a similar situation, (i.e. working and living with an expired Green Card, filing taxes despite not having an official residence status since November 2018, etc.)? I advise her to be completely honest with the interviewer, but what can she expect to be asked?

 

2.) The Notice of Action says that she needs to bring with her "All travel documents used to enter the United States" and that she should "take a certified English Translation for each foreign language document". Does this mean that she needs to get her Japanese Passport translated?

 

3.) The Notice of Action also states that she should bring an "I-94" and "I-512" if they exist, but even if she did still have those, I don't see what the point of them would be since they'd be older and possibly outdated documents from before she ever got her Green Card in the first place, no?

 

4.) Since this "initial interview" corresponds to the 2nd I-751 that she filed, does that mean that everything that happened before (things that were related to the filing of the first I-751) are null and void?

 

5.) I'd be more than willing to accompany her on her interview, but I don't fall into any category of "Only the following people may come with you to your interview" The interview will be at 26 Federal Plaza in New York. Anyone have any experience with this location and think that the USCIS would allow me into the place anyway, despite me not "qualifying". I know that rules are rules, but sometimes rules are broken.

 

P.S.- I know that it may be a little crazy that I'm trying to help her so much, but I am the one responsible for bringng her over to this country and getting her into this mess in the first place. I'm not trying to get back with her, but I know that she and I both would love the closure of getting this long journey settled (at least for 10 years)

 

*No attorneys were used during any part of this whole process

 

Any help or input either in this thread or via private message is appreciated. Thank You.

Usually, Foreign passports are written in their language along with English.  No need translation.

If it was a joint filing both need to go. If she filed alone she needs to appear alone. 

 

If it's a ROC with valid divorce waiver then she should be good to go. 

 

 

[Trymester3 6]

Update:

 

My ex-wife attended the Initial Interview at 26 Federal Plaza in New York City during the first week of December and it was successful.

 

She described the interviewer as "kind of like a robot". She didn't mean that he was cold blooded, but rather that he had papers in front of him and a computer screen, and he just checked everything very rapidly (like a robot or machine),. He may have asked her like less than 5 questions, and then informed her that she would be getting a 10 year "green card" in 7-10 business days. She was told that he was able to go through every thing so quickly, because she was so organized. That was mostly thanks to me, but on a larger scale, thanks to everyone on this forum who ever commented on any of the posts that I've ever made on these message boards. This was closure for me, and also allows her to move on, and better organize her life, so THANK YOU VERY MUCH!  

 

She informed me that she just received the "green card" yesterday.