USC4SPOUSE

April 12, 2022 USCIS Moves to Strategic Data-Driven Approach to Waive Interviews for Conditional Permanent Residents 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.

@N & K I would suggest reading again the terms & conditions of the I-864. You are responsible to "support" him up to the federal poverty line for your household size - I think, if I recall correctly. You would also be responsible for paying back means tested benefits if he chooses to get those. Again, I am paraphrasing here. He would actually have to choose to live in poverty to even try to enforce the I-864. Bottom line is that you are not on the hook to put him up on a condo overlooking the beach or supporting him 100%. Truth is it would not be very much money and he is way better off getting a job and being productive member of US society.

See...? Congratulations!!! There is just too much fear mongering around here. It all worked out in the end. All the best to you!

I would not worry too much about photos. I would definitely make sure that you include bank statements. I would include them all. That's what we did. Same for insurance, car loan, etc. Show the longevity of the accounts. Don't just include the most recent statements. They want to see as many documents as you may have available that cover the entire time you have been married. You can't show what you don't have. Just show plenty of what you have is what I say. All the best!

Same here. But it is what it is. We sent every month of every statement - bank, brokerage, And we will have to do it again for the N-400 which requires 3 years of evidence, if I read the instructions correctly.

This looks fantastic! You asked for feedback. Frankly, your submission is great as is. If I had to say anything, I would say that it may be useful to add "effective date" or "since date" wherever you can. I think it makes it easier for the officer to go through your file and establish if you covered the entire time span since the date of your marriage. You added it for some items but not all. Best wishes! USC4SPOUSE

YES! Always keep a copy. Next thing you know the package gets lost and there goes that. Good job!

Yes, that happens sometimes. I would keep calling. I would also reach out to your US Senator or US Congressperson ASAP.

And so what if you wanted to stay in the US? Who cares? Just bring your evidence and do not let anyone put words in your mouth. Officers ask questions in such a way that prompt you to respond. However, if you disagree with anything they state on their question, you must correct or clarify and THEN answer the question. You're a highly educated immigrant. The US is LUCKY to have you.

You might want to ask if USPS Premium Forwarding service will forward government mail. I know I looked into it before but did not find a solid answer. It may take asking at your local post office. You could also ask them if they will hold any government mail. I know they did this with my US Passport when I renewed it. I'd say definitely attend the interview in Orlando. If the green card gets lost in the mail, you are still a green card holder and may request the I-551 stamp.

Exactly how I feel but it is what it is. Our marriage is not legal in Malaysia.Thus, we will do as USCIS says.

This is what the instructions state. I guess there will be plenty of overlap between the I-751 and N-400. And that is fine. We have copies of our AOS and I-751 filings. No issue there. Evidence that you and your spouse have lived in marital union for at least 3 years at the time you file your Form N-400. Such evidence may include: (a) Joint bank and credit card statements; (b) Leases or mortgages; (c) Birth certificates of children; (d) Insurance policies; and (e) Internal Revenue Service (IRS)-certified copies of the income tax forms that you and your spouse filed for the past 3 years (or an IRS tax return transcript for the last 3 years).

LOL, yes, it is literally my bible. I used it as a template for our AOS and I-751. It has worked well so far. N-400 window opens up in February and will use it again.

@Mimoha Singh Do not let anyone corner you into saying that your goal was to be in the US all along. You did a masters, H1B did not work out, then did a second masters, applied for asylum and then met your current spouse. Whatever, just go through the motions and present solid evidence of everything. It may just be simple interview. If it makes you feel more secure, then see if your lawyer can suggest another lawyer from his/her practice to go with you. We brought a lawyer to the AOS interview mostly to ensure that we would be treated fairly. And we were.

Here is a good example of a successful I-751 filing. Scroll down to the second post.