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My wife resident status is conditional and unless we had file a waiver pursuant to INA 216(a)(4), we had to appear for an interview at USCIS office to remove the conditional resident status.
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Hello.
You may have confused your section of law as the INA does not have 216(a)(4) but rather 216(c)(4) which is for requesting a hardship waiver to removal the conditional status.
If you are still married you do not need the waiver so long as you can prove your marriage continues to be bona fide and have a shared life.
When you file the application to remove the conditional status an officer can make a decision with or without scheduling you to appear before them.
Once the conditional status is removed then your wife will be a permanent resident and her card will be valid for 10 years.
If you are in need of any assistance with this matter please call for a free consultation.
Answered on Jan 28th, 2016 at 10:10 AM