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I-751 interview process..

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

Posted

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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602

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Posted

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 construed as legal advice. The answer does not create an attorney/client relationship.

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Posted

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, Suite 200, New York, NY 10014 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

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 attorney to discuss your individual case.

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Posted

What does the notice of intent to deny mean?

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