Before USCIS approves a marriage-based green card application, it will first interview the couple to determine whether their marriage is real or fake.
Marrying a U.S. citizen doesn’t automatically lead to a green card for the foreign national spouse. The U.S. citizen must prove that the marriage is bona fide (i.e. entered into with the intent of establishing a married life together), and is not a sham (i.e. entered into just to gain immigration benefits).
To start the process, the U.S. citizen first files a Form I-130 immigrant petition for the spouse. And if the spouse is already in the U.S. and qualifies for adjustment to lawful permanent resident status, he or she may file the Form I-485 (green card) application at the same time. This is known as concurrent filing or “one-step adjustment of status.”
After filing a marriage-based green card application, the petitioner and foreign national will receive an interview notice to appear at the local USCIS field office at a scheduled date and time. The notice is normally issued two to eight weeks prior to the interview.
USCIS will approve the case only after a Service officer interviews the couple and determines that they truly share a married life together. In addition to providing documentation of a shared married life (e.g., joint mortgage, joint bills, joint tax returns, birth certificates of children, family photographs), the couple must also give credible testimony confirming their marriage is bona fide.
Knowing what to expect at the USCIS interview is crucial to obtaining an I-130 and I-485 approval and avoiding further investigation, delays in the case, or a denial notice.
What are the basic steps to follow at a marriage-based immigration interview?
1) You arrive at the USCIS building and present your interview notice to the security guard. Before you can proceed to the waiting room, you go through a metal detector and your personal belongings go through screening. Each USCIS field office has its own protocol, but cameras (including cell phones with cameras) and recording devices are normally prohibited.
(NOTE: Arrive at least 15 minutes early, but no more than 45 minutes in advance of the appointment. If you arrive too early, you may be turned away and asked to come back closer to your appointment time.)
2) You proceed to the waiting area and hand in your interview notice at the window. You then wait for your name to be called by the USCIS adjudications officer assigned to review your case. Although the interview usually starts on time, be prepared to wait for a more extended period.
3) The USCIS officer will normally bring both of you to his or her desk to be interviewed together (instead of question you separately).
4) You will be asked to remain standing while you take oaths to tell the truth. You will need to verify your identity by presenting your driver’s license or other form of ID.
5) The officer will typically review your marriage certificate, divorce decrees (if you had any prior marriages), and passport. Bring the originals with you in case the officer wants to see them.
6) The officer will go through the application forms to verify basic information such as your address, telephone numbers, and dates of birth.
7) The officer will next ask questions about your relationship and your married life together, such as when and how you met; when and why you decided to get married; who proposed; how many people attended your wedding; and when you moved in together.
8) You also have the opportunity to present additional evidence of your married life, especially if you had few documents to present at the time of filing the petition and adjustment application.
What is the best possible outcome of a marriage-based immigration interview?
If, at the end of the interview, the officer determines your marriage is bona fide, the I-130 petition can be approved on the spot. If the foreign national qualifies for adjustment of status and the background check has cleared, the I-485 will be approved as well.
You will receive approval notices in the mail, after which the green card is issued in about three weeks.
What delays can occur following a marriage-based immigration interview?
Case put on hold due to delays in name check and FBI clearance
Sometimes the FBI and other outside agencies are unable to complete all the background checks on the foreign national before the interview date. The USCIS officer may still approve the I-130 petition, but not the green card application until all the background checks are clear. You may schedule an InfoPass appointment to check on the progress in your case.
Case put on hold because more evidence is needed
The officer may issue a Request for Evidence (RFE) when he or she needs more documents to make a final decision on the case. An RFE does not mean USCIS intends to deny the case.
The officer will issue an I-72 form listing the missing items and stating the time frame in which to submit the evidence (usually 12 weeks).
Case put on hold because officer is undecided or has other priorities
Sometimes the officer is undecided on whether to approve or deny the case. For example, the officer is convinced that the parties share a bona fide marriage, but questions whether the foreign national is eligible for adjustment of status. A false claim to U.S. citizenship to gain employment or a serious criminal conviction are two common reasons why an adjustment application can be held up, even if the officer intends to approve the I-130 petition.
The interviewing officer may forward the case to a supervisor for further review and guidance. The sheer volume of petitions and applications being processed at the USCIS field office can add to the delay.
Several months might pass before the officer finally approves the case. In some instances, the officer may approve the petition, but deny the I-485 adjustment application. If the foreign national is placed in removal proceedings, the adjustment application and other forms of relief can be reviewed by an Immigration Judge.
What problems can occur at a marriage-based immigration interview?
Lack of documentation, the couple’s demeanor, faulty translations by an inexperienced interpreter and other factors can cause the officer to have serious doubts about the marriage.
The officer may separate the couple and question each party individually, or schedule the parties for a second interview, which could occur as much as 6+ months after the first interview. Each party will be asked the same questions separately. Then the officer will compare their answers to see if they match up.
The officer will ask probing and personal questions to determine whether the parties really know each other and share a married life. Even bona fide married couples have trouble answering questions aimed at detecting fraud, such as:
- what is the color of the walls in your bedroom?
- what side of the bed do you sleep on?
- what type of birth control do you use?
- what did you do for your spouse’s last birthday?
- how did you celebrate last Thanksgiving?
- how many rooms are in your home?
- when was the last time you watched television together?
- who woke up first this morning?
- where did your spouse live when you first met?
Fraud interviews are intense and can last for an hour or more. It is rare for each party to provide the exact same answer on every single question, regardless of whether the marriage is bona fide.
If the officer suspects the marriage is a sham, USCIS may conduct further investigation and even show up at the parties’ home to verify if they live together as a married couple.
The “bed check” or “site visit” can occur at any time after the interview — sometimes as long as one to two years later — while the case is pending. It is unscheduled and typically occurs early in the morning. While the parties may refuse to admit the officers into their home, this could raise more suspicion and trigger other types of investigation.
If USCIS issues a Notice of Intent to Deny (NOID) the petition, the parties will have 30 days to respond to it. Failure to timely or adequately respond to the NOID will result in a denial of the petition and the adjustment of status application.
As long as the marriage is real and the parties rebut the marriage fraud finding with objective and credible evidence, they can get the petition approved.
A qualified immigration attorney can help the parties prove the marriage is real, address discrepancies, overcome grounds for suspicion, and prevent a denial of the petition.
The parties are better off having an attorney present at the interview. And the best time to consult an attorney is before they file the one-step adjustment application, not after USCIS issues a Request for Evidence or Notice of Intent to Deny the petition, when irreparable mistakes might have already occurred.
This article provides general information only. Do not consider it as legal advice for any individual case or situation. Each legal case is different and case examples do not constitute a prediction or guarantee of success or failure in any other case. The sharing or receipt of this information does not create an attorney-client relationship.
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Photo by: Bernard Goldbach