Joen

According to an Interoffice Memorandum, dated 6/24/2005, both joint petition and “waiver” cases are considered to be eligible for waiver of the interview requirement when they are accompanied by sufficient supporting documentation to establish the bona fides of the marriage and when there is no indication of apparent fraud or misrepresentation.

When warranted, Service Centers should seek additional evidence through the RFE process and adjudicate the case on its merits in lieu of transferring to a district office for interview, except for instances where the petition contains:

• Information that is inconsistent with information discovered in the supporting documentation;

• Potential evidence of fraud or misrepresentation;

• Inconclusive evidence pertaining to the bona fides of the marriage to make a decision on the record notwithstanding receipt of a response to an RFE; or

• A particularly complex set of facts or issues that the Director feels would be best resolved by an interview.

Service Centers should continue to forward cases meeting the above criteria to the district office for interview except for cases involving fraud. All cases meeting the minimum threshold for fraud must be referred to the Fraud Detection and National Security Immigration Officer (FDNS IO), per the guidance in the memorandum entitled Criteria for Referring Benefit Fraud Cases.

crintwaivr062405.pdf

What I was reading though, if we were married for 2 years prior to her coming to the us, we wouldn't have had to even remove conditions. You are just given a 10 year card.

Sorry, but that is wrong. There is no way aroun

Hi guys,

Please join here.

Hi, all.

I was going to send my stuff off today but I have a few reservations. Luckily, I found this forum. I have a few questions.

#1 About how long has it been taking for removal of Conditions?

#2 Are any of the Rules going to change in January 2011?

#3 At the lower right corner of my I-751 form (Rev 11/23/10) it says that it expires today, 12/31/10. Will they still accept it in January, or require whatever is posted on January 4? I need to know for sure. The last thing I want is for any issues to pop up since the CPR Card expires on January 14th.

I know, I know, I'm cutting it close.

One more thing - but very important:

#4. The documents they require for the I-751 are nearly identical to what they required for the I-140 - Petition via Marriage, except that it would span the past two years, 2009-2010.

So, my last question is, "Are the requiring anything new that they did not require back when I filed it in 2008?

Thanks, folks, and just an FYI - if you really want true and accurate information from USCIS, ask to speak to an Immigration Officer!

He told me things that none of the dozen or so agents before him had ever said, and he was right on every one.

Happy New Year!