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USCISáMoves to Strategic Data-Driven Approach to Waive Interviews for Conditional Permanent Residents
1:50 am April 13, 2022

USC4SPOUSE

USC4SPOUSE

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4 Replies



April 12, 2022

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DHS Seal Identity
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USCIS Moves to Strategic Data-Driven Approach to Waive Interviews for Conditional Permanent Residents

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Dear Stakeholder,

On Thursday, April 7, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that it will take a risk-based approach to waiving interviews for conditional permanent residents (CPRs) who file Form I-751, Petition to Remove Conditions on Residence. The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) fully supports this change as it reflects one of the recommendations from our 2021 Annual Report to Congress.

What Does This Mean?

USCIS will no longer require everyone who obtained their CPR status via processing at a U.S. consulate overseas to go to an interview after they file a Form I-751.

Instead, USCIS will assess if a CPR needs an I-751 interview based on whether:

  • There is sufficient evidence in the file that the marriage is real,
  • The CPR is eligible for a waiver of the joint-filing requirement (if applicable),
  • There is no indication of fraud or misrepresentation in the file,
  • There are no complex facts or issues that require an interview to resolve, and
  • The CPR does not have a criminal history that would make him/her removable from the U.S.

Why This Matters

In 2018, USCIS implemented a policy requiring mandatory interviews for all CPRs who obtained their status through consular processing. In our Annual Report to Congress last year, we found that this policy did not help USCIS to detect more marriage fraud cases. It did, however, dramatically increase processing times and backlogs. As a result, one recommendation we made was for USCIS to rely solely on a risk-based analysis for interview waivers.

By adopting this risk-based approach, USCIS is working smarter. This approach allows USCIS to strategically focus its interviews which take more time, staff, and resources on cases where there is a question of fraud or national security. It will also help USCIS use its staff and resources more efficiently, improve processing times, and reduce its backlog to the benefit of all applicants and petitioners.

More Information

View USCIS news release and its Policy Manual for Commentpage for more information on this change and how to submit comments to USCIS.

The CIS Ombudsman is committed to meeting with stakeholders and USCIS to address concerns related to CPRs and Form I-751. We will share additional updates on this topic when available. For more information on our office, please visit www.dhs.gov/cisombudsman or follow us on Facebook and LinkedIn.

Please complete the CIS Ombudsman Customer Satisfaction Survey. We appreciate your feedback.



 
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Can we apply N400 while waiting I-751 bring process?
1:33 pm April 9, 2022

Perfect two ?

Perfect two ?

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10 Replies



Hello everyone,

Have any of you apply for N400 (citizenship) while waiting for your I-751 (removal of condition) being processed? I applied for removal of condition on October 2020 and wondering if I can just start the process for the citizenship right away.

Thank you for your help! :)



 
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K1 or i129F
11:54 pm March 27, 2022

mohamednur



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4 Replies



Is there any updates November 2021 submitted files.? Thank u



 
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Questions - Filing Fee, & Recent Divorce
9:22 pm March 25, 2022

kxp

Kxp

Read 219 Times
2 Replies



Hi all! I'll start off with the easy question -

1) The guide says check or money order, but it looks like Credit Card form G-1450 is also available if I place it on top of my 1-129f application. Is that correct, have other people paid this way? I know the fee is $535, but do I need to include any extra approved amount to cover debit/credit card transaction fees? I couldn't find anything clear online for USCIS, but I know some government services pass that charge along to the citizen.

2) My ex-spouse and I agreed to divorce nearly two years ago, however the divorce was just approved by the judge on 3/4/22. I know that this can be seen as a "red flag". I retained an attorney in 12/2020, and moved out of my previous house when I bought a home in 9/2021. I could provide evidence in the form of my attorney's client relationship agreement to show intent, even though the divorce took some time to settle and process. The forms were filed with the court in December, but my previous state (TN) requires a 60-day waiting period before a court date can be set. The reasons for delayed filing were due to my goal of finding a house (not apartment) and including such division in our divorce agreement, and secondly my ex lost their job, and requested a short delay while they found alternative health insurance. Ultimately, my question is, should I include these details in my cover letter? Will it make a difference if I include such a statement, or will they not read it? Or does it not matter and they will still view it negatively?

3) Additionally, we just had our first and only meeting. My fiancee applied to visit the US back in October (the month that Malaysia allowed its citizens to resume international travel), but was denied a tourist visa in December. We then planned in January and met this month in Cambodia, because Malaysia's borders were still closed to foreign national tourists. This was ultimately the delay for our meeting, else I would have gone to see her there much sooner. I did explain a bit of this in my letter, but I could probably go into more detail including dates and such. Will this also help any "red flag" related to our only meeting once? We intend to meet again this year now that Malaysia is reopening their borders to foreigners starting April 1; my trip is planned for around August/September. This would occur after filing, but before her interview most likely. Would this help, or will they reject the petition before she gets to the interview?

Thanks for your patience, guidance, and support.



 
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Question about Letter of Intent
5:52 am March 24, 2022

kxp

Kxp

Read 344 Times
4 Replies



Hi - the guide says that at the time of submitting the i-129f that both the sponsor and the beneficiary must include a signed letter - is that true? I thought I saw elsewhere that only the sponsor need include the letter when filing, and then the beneficiary will include their own letter later in their packet of paperwork. Just trying to figure out if my fiancee needs to mail me a signed letter. Thanks all!

Assembling the I-129F Package: Checklist frequent questions
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.)
:

1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees.
2. Cover Letter (see example). Should include a description of what your are petitioning for (I-129F), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.
3. Form I-129F: Petition for Alien Fiance (see example)
4. Original statements (from both the US Citizen and foreign fiance) certifying an intent to marry within 90 days of entering the US on a valid K-1. (see example)


 
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