As a matter of law, a conditional resident and spouse must appear for an in-person interview after filing Form I-751, Petition to Remove Conditions on Residence. But U.S. Citizenship and Immigration Services (USCIS) may waive this requirement in some cases.
You best chance to remove the need for an interview is by submitting a well-prepared I-751 petition that includes strong evidence of a bona fide marriage.
Determining the Need for an Interview
USCIS requires couples to attend an interview when removing conditions on residence. However, they do have the ability to waive the interview requirement. One of the best ways to avoid the I-751 interview is to submit a well-prepared I-751 petition with plenty of quality evidence.
Specifically, your evidence should present overwhelming proof that you have a bona fide marriage. A marriage certificate alone is not sufficient. You need to convince USCIS that your marriage was not for the purpose of evading the immigration laws and obtaining a green card. Show them that you are treating the marriage as a permanent union, making life changes (financial, insurance, children, etc.) that demonstrate this intention. With plenty of good evidence and a well-prepared Form I-751, USCIS may waive the interview and approve the I-751 petition more quickly.
RECOMMENDED: Tips for Avoiding the I-751 Interview After Conditional Residence
Filing with a Waiver
If you are filing with a waiver to the joint filing requirement, you should expect to attend an interview after filing Form I-751. Filing with a waiver does not mean that you didn’t enter the marriage in good faith. If you are no longer together with your spouse, it generally makes it more challenging. There will be a stronger presumption that the marriage was entered for the purposes of obtaining a green card. It’s your job to prove the marriage was genuine. Generally, it’s best to seek the advice of an immigration attorney before filing Form I-751 with a waiver to the joint filing requirement.