Would you say that in the past year, two or three the i751 waiver has become tougher from the side of the u.s.c.i.s. when trying
Los Angeles, CA |
to get approved for permanent residency. Do you think it's harder now or in the past to get approved because of so many people claiming sham marriages and I would assume that the u.s.c.i.s. is more or less aware that lots of people cheat the system.
But then I must admit that I've always over-prepared my waiver applications so that they were semi-bulletproof.
Why aim for the brass ring when the GOLD RING isn't too much more difficult to obtain?
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If your marriage is not one of those shams you are alluding to and you have a competent immigration attorney putting the case together, I wouldn't be worried. Your chances of approval without an interview increase dramatically when case is prepared by an attorney.
On the other hand, if you are now divorced and about to claim the "good faith" exception to the joint filing requirement, the brace yourself: attorney or no attorney, you'll be asked to appear for an interview at your local USCIS district office, where the documentary evidence you provided as proof of your "good faith" marriage will be combed through and through, with you being grilled over and over about your "story".
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
USCIS is looking for sufficient evidence for Good faith marriage. As long as you provide enough documents to prove good faith marrriage, joint handling of financial affairs etc. ,conditional removal, is not difficult.
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I think I have seen some increase in the demands for extra evidence in I-751 cases, but do not think it is related to an increase in marriage scams. It seems that scammers have always been around, I don't see any new trends there. Be very sure you submit as much evidence as you can reasonable put together. Despite the increased vigilance, USCIS only rarely denies legitimate couples who prepare their applications carefully.