I-751 interview process..

Asked 10 months ago - New York, NY

If the marriage is real but not enough evidence and documents during the interview..will they automatically deny the ROC or they will schedule for stokes interview?

Also, if you don't have enough evidence but you passed the stokes interview..you really live together and the marriage is real.. will they approve the case?

Attorney answers (4)

  1. Marc Damien Sean Taylor


    Contributor Level 16

    Answered . If you already passed a Stokes interview, you should know that USCIS wants to see a lot of evidence for your joint-life. In the 2 years since the green card was approved you should have been maintaining these documents.

    Usually, USCIS will issue an Request for Further Evidence (RFE), if they feel that you did not provide sufficient proof on the I-751.

    If after you respond to the RFE, USCIS still doubts that your marriage is bona fide, they will schedule an interview. If you pass the interview, then the I-751 will be approved.

    USCIS will not just approve an I-751 based upon the facts that you passed the Stokes Interview.

    If you have not file the petition yet, I would recommend retaining an attorney to prepare and file the petition. You can contact either my office or a colleague.

    Law Office of Marc Taylor, Esq. PC, www.usavisanow.com, 888-645-6272, info@usavisanow.com , 224 W. 4th Street,... more
  2. Javier G Pineda

    Contributor Level 17


    Lawyer agrees

    Answered . Adjudication of an I-751 is based on the totality of the circumstances. The officer will judge your demeanor at the interview, the way you sit, act, etc.... The number of documents you submit are only a factor in the adjudication process. If you do not have joint documents, you can also submit declarations from friends and family members. See a lawyer. Good luck.

    714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be... more
  3. Alexander M. Ivakhnenko

    Contributor Level 20

    Answered . No one can read the minds of the interviewing officers however, if you express the concern now, retain a capable counsel while you still can to prepare.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  4. Stephen D. Berman

    Contributor Level 20

    Answered . Normally they would send a notice of intent to deny first. If they are not satisfied after the interview, they may send the file to investigations to determine if you are living together.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more

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