Filing the I-751 Petition to Remove Conditions on Residence is a necessary step for conditional green card holders looking to secure and maintain full permanent resident status in the United States. It is crucial to note that this petition must be filed within the 90-day period before the expiration of the conditional green card. Failure to file on time can result in the loss of permanent residency status and possible deportation.
While it is in USCIS’s discretion whether to conduct an interview, it is best to prepare as if you will be interviewed. The interview for the I-751 petition is ultimately conducted to ensure the legitimacy of the marriage and verify that it was entered into in good faith and not for the purpose of circumventing immigration laws. Below is a quick guide to the I-751 Interview and how to prepare for success:
Types of I-751 Interviews: Together (Common) vs. Separated (Less Common)
When it comes to the I-751 Interview, the USCIS officer conducting the interview can choose whether to interview the couple together or separately. While most I-751 interviews are conducted with both parties in the same room, there is the possibility that the officer could ask to interview the couple separately. Don’t be alarmed if the officer chooses to interview the parties separately as this could just be the style the USCIS officer prefers. In a joint interview, the USCIS officer interviews both spouses together, asking them questions about their relationship and life together. In a separated interview, the officer will interview each spouse individually, asking the same questions to each and comparing their responses to ensure consistency.
While most people experience some nervousness and anxiety when it comes to these interviews, it’s helpful to know that there are two interview styles so that there are less surprises on the day of the interview.
What to Bring and How to Prepare for the Interview
In the lead up to the interview, it is so important to start gathering all of the necessary documents and keep everything in an organized, easily accessible manner so you can quickly provide them to the USCIS officer when requested. Below is a brief list of what you should bring to your I-751 interview:
USCIS Interview Notice - This is your ticket into the USCIS Field Office building, so be sure that you bring this with you to ensure quick access into the building. Most USCIS offices will not allow you to enter until at least 30 minutes prior to your scheduled interview, so be prepared to get to the location early.
Originals and Copies of Evidence Submitted with the I-751 Petition: This includes your marriage certificate, photos, evidence of jointly owned assets/property, including: bank account statements, lease agreements, utility bills, deeds, insurance policies, pension, life insurance and investment beneficiary designations, and any other evidence you submitted that helps to prove the authenticity of your marriage.
New Evidences Since Filing of I-751: It is also helpful to bring any new photos, evidences of newly opened accounts, newly owned property, recent vacations together, etc. The USCIS officers like to see that you’ve continued to gather and preserve evidences of your relationship since the filing of your I-751 petition.
Non-Citizen’s Identity Documents: The non-citizen spouse should bring their conditional green card, current passport, State driver’s license or State ID
It is incredibly important that in preparation for the I-751 interview the married couple review all the original responses to the questions on the I-751 Form because the USCIS officer will refer directly to the form and ask questions about your responses. Familiarize yourself with your responses and ensure that you can promptly respond to any questions related to the form.
Common Interview Questions
Once you have prepared for the evidentiary side of the I-751 interview, it’s best to consider the types of questions that could be asked of the married couple at the interview. The USCIS officer conducting the interview will inquire about various aspects of the marital relationship including the beginnings of the relationship, the engagement, the day of your wedding, and generally about the nuances of your life together. Below are just some examples of the types of questions that could be asked. While this list is not definitive, you can expect that some version of these questions can be asked and even questions that seem random.
Relationship Beginnings:
How did you meet?
When and where was your first date?
What were your first impressions of each other?
When did you first introduce each other to your friends?
When did you first meet each other's families?
How often did you see each other during the first few months of dating?
What activities did you enjoy doing together when you first started dating?
When did you decide to move in together?
Where were you both living before you moved in together?
How long did you date before deciding to get engaged?
Engagement:
When did you get engaged?
How did the proposal happen?
Was it a surprise or planned?
Where did the proposal take place?
Did you have an engagement party?
Who was the first person you told about your engagement?
How long was your engagement before you got married?
Did you choose the engagement ring together?
What date did you set for the wedding after the engagement?
Did you take engagement photos? If so, where?
Marriage:
When and where did you get married?
Who attended your wedding?
Did you go on a honeymoon? If so, where?
What song did you dance to at your wedding?
Who were the bridesmaids and groomsmen?
Did you write your own vows?
Who officiated the wedding?
What kind of cake did you have at your wedding?
Where did you buy your wedding dress/tuxedo?
Did you have a reception? If so, where?
Life Together:
What is your spouse's favorite food?
How do you celebrate important holidays?
What are your daily routines?
How do you divide household chores?
Do you have any pets? If so, what are their names?
What are your spouse's hobbies?
What is your spouse's favorite movie or TV show?
Where do you go for groceries?
How do you spend your weekends together?
Have you taken any trips together? If so, where?
It is so important that the married couple is able to provide answers to these common questions. To USCIS, questions such as these should be easy for authentic married couples. If the couple were not truly in a real marriage it would be quite difficult to answer these questions. However, it is okay if you don’t know every single detail about your partner. Not being able to recall your partner’s favorite color or favorite movie is not make or break for the interview. Important dates (e.g., birthdays, marriage, engagement, etc.) and details about one another (how many siblings, parent’s names, etc.) should be known to ensure a successful interview (and marriage for that matter!).
Final Preparation Tips
To ensure a successful interview, it is essential for both spouses to work together in preparation. Review the form I-751 and supporting evidences together as well as the questions and ensure you both can answer them confidently and consistently. Organize all your documents and evidences so they can be easily accessed during the interview. If the USCIS officer asks for a specific document, you should be able to quickly provide the original and a copy for the officer to take.
While this guide doesn’t cover every single nuance of the I-751 process, being well-prepared for the interview can bring you one step closer to securing your full permanent resident status. If you are interested in filing the I-751 Petition to Remove Conditions on Residence and would like the assistance of counsel, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to work with you to assess your situation and if eligible, aid in applying for the benefits you are seeking. Our experienced immigration attorneys are here to provide the advice you need.
Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.
