Some lawful permanent residents (green card holders) do not understand that the 2-year green card they receive after the first interview is conditional. The condition is that the alien must be married to the United Citizen spouse for at least 2 years before they can get a permanent 10-year green card. BCIS (formerly INS) flags about 20% of I-751 for 2 nd Interviews. BCIS will flag your I-751 application for 2 nd interview if it is not properly prepared. BCIS interview is a process you should avoid, whenever possible.
Process:
During the 90 days before the second anniversary of the date an alien obtained conditional resident status the alien and his/her spouse (if still married) must file to remove the condition. The alien must file a Form I-751 (Petition to Remove the Conditions on Residence). All petitions should be sent to the Service Center that serves the area where the alien lives. Failure to file will result in loss of his/her resident status. Late filings are permitted with sufficient explanation of the reason(s) for being late..
If an alien is filing a joint application with his/her spouse to remove the conditions on his/her permanent residence, the alien must submit the Form I-751, a copy of Permanent Resident Card and evidence of cohabitation and commingling of assets. The purpose of the 2 nd interview is to ensure that the marriage was not entered to evade the immigration law of the Unites States. Examples of such evidence include, but are not limited to:
Leases showing that the alien and his/her spouse live in the same place
Documents that prove that the alien and his/her spouse own property together
Birth certificates of children (if any)
Copy of spouse's death certificate (if the alien is widow or widower)
The alien and his/her spouse must appear for a personal interview at the BCIS office at the time, date, and place indicated on the appointment letter. However, Regional Service Center has the discretion to waive the interview requirement. The Regional Service Center will review the petition to determine whether an interview is required. If the Service Center is satisfied based on information contained in the file petition that the marriage was not entered into in order to obtain immigration benefits, he or she may waive the interview requirement and approve the petition. If the Service Center is not satisfied because of the information in the file, the Center will forward the file to the district office for a 2nd interview.
Fee:
The filing fee for I-751 is $200, as of April 30, 2004.
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