Foreign national spouses with two-year conditional permanent residence are required to request USCIS for removal of conditions from their permanent residence. The request is filed in Form I-751 along with supporting documentation.
The request can also be made before the Immigration court when the foreign national's conditional residence is terminated and the individual finds himself or herself in the removal proceedings.
Whether the removal of conditions request is made before the USCIS or the immigration court, the agency inquiry is to investigate the bona fides of the marriage and if there were fraud or other grounds of inadmissibility present that prevent grant of the ten-year green card.
In rare cases, USCIS schedules an interview to remove the condition from a marriage-based green card. This is to determine if the marriage is real and ensure that there is no immigration fraud in obtaining a green card through marriage.
USCIS asks questions to check if:
the parties to the marriage are in a genuine relationship ;
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the foreign national is being truthful or lying about an important fact to obtain a green card.
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The foreign national paid any money to receive the green card;
Marriage Fraud
The I-751 interview allows USCIS to inquire into the circumstances of the parties' life and investigate deeper into suspect cases.
A decision may be withheld for a thorough investigation when necessary.
It is therefore very important to present a well-prepared packet and answer all interview questions the officer asks.
Standard of proof and appeal
USCIS frequently mixes up the absence of marriage bonafides with proof of fraud.
However, this distinction is subtle.
The finding of marriage fraud is difficult to overcome, and it is, therefore, necessary to have a well-documented case.
An appeal against marriage fraud denial can be filed before the Board of Immigration Appels (BIA).