Client: Green Card Holder
Client’s Country of Origin: Scotland
Case Type: Criminal and Removal
Our client retained Attorney Frank Krajenke of Herman Legal Group because he was near facing removal for multiple criminal convictions. As a citizen of Scotland, our client obtained his green card through marriage with a US citizen.
Prior to consulting us, our client had been formally represented by a criminal defense attorney unfamiliar with immigration law. While a criminal lawyer may believe it is in one’s best interest to plead guilty to a crime in order to lessen the charge or sentence, when representing an immigrant, the counsel must inform his client of possible removal consequences when pleading.
Unaware of the repercussions, our client pleads guilty to charges that arose from a physical encounter with law enforcement, multiple of which were felonious charges that would put him at risk of deportation.
Upon retaining Attorney Krajenke, our client was able to contest his convictions on the grounds of not being informed by prior counsel of potential immigration consequences when entering a guilty plea. In addition, counsel obtained medical reports to contest our client’s neurological conditions at the time of the encounter.
Even as a lawful permanent resident, our client was not only subject to surrender his green card, but he was also at high risk of removal. After the much-sought effort, Attorney Krajenke dismissed or amended all original charges and ultimately lessened the plea to a low-level charge without grounds for removal.
Furthermore, with the assistance of skilled counsel, our client maintained his US employment which was subject to termination due to original criminal charges, and maintained lawful permanent resident status.
Client: Church Association
Client’s Country of Origin: Ethiopia
Case Type: I-29 Petition for Special Religious Worker
Date of Application: January 2018
Date of Approval: June 2019
Our client a non-profit Ethiopian Orthodox Christian Church, retained Attorney Erin James of Herman Legal Group to assist with petitioning a religious worker to come to the Cleveland area. Our client suffered due to the lack of Ethiopian Orthodox priests in the US. Although our client is affiliated with the Ethiopian Orthodox Tewahedo Church, whose membership consists of nearly 50 million people, the majority of its members live in Ethiopia.
As a result, our client needed a religious worker who has a comprehensive knowledge of the Scriptures and familiarity with the whole body of traditional rituals passed down through generations.
At the time, the beneficiary lived in Ethiopia and served as a full-time Monk and Priest.
By law, to qualify as a special immigrant religious worker, a foreign national must have been a member of a religious denomination that has a bona fide non-profit religious organization in the US for at least 2 years immediately before the filing of a petition to seek to enter or adjust status in the US in a full-time, compensated position as a minister or as someone in a religious vocation or religious occupation.
Due to these requirements, Attorney Erin James needed to assemble substantial evidence to demonstrate the church’s status as a non-profit religious organization and evidence of satisfaction of criteria that makes the priest eligible for the position. With expert counsel, our client was able to file a petition that provided specific information in regards to its organization and various certifications and letters from other priests attesting to the beneficiary’s work.
As a result, the USCIS warranted its approval with no issue. Upon the approval, our client’s Senior Priest visited our office and happily gave us his blessing.
If you are applying for a marriage-based green card, and doing so while living in the U.S., through the process called “adjustment of status,” you can expect to be invited for a personal interview at U.S. Citizenship and Immigration Services (USCIS) local district office.
This article will guide you on what to bring to the marriage green card interview. USCIS will also give you a list of required documentation, so make sure to go through it carefully and be free to include anything you think the list doesn’t include but can help you prove your marriage’s authenticity.
List of Required Documents
1. Photos and Passports:
Both of you need to present photo identification, and the best fit for it is to show your passport. If you don’t have one, you can use another photo. If you are a U.S. citizen or permanent resident, it is enough for you to present a driver’s license.
2. Work or Travel Permits and Original Documents:
Join the originals of the documents you used to enter the United States. You should also attach any other documents you’ve received from U.S. consulates or USCIS, such as work permit (Employment Authorization Document).
You probably mailed to USCIS copies of documents within your application package, but now you should bring originals so the officer can compare them. One of you who has U.S. citizenship will need to bring the original proof of the U.S. citizenship status or permanent resident status (a green card or stamp in the passport).
Maybe the interviewing officer will not ask for it, but it is advisable to have it with you in case he or she does. Since your green card will serve as your proof of right to work in the United States, the offices might keep you EAD.
Remember to ask for either an approval letter or an I-551 stamp in your passport if you think you might need evidence of the adjusted status while your green card arrives.
3. New evidence:
If anything important in your life changed since filing the application (your spouse got a new job), or you just forgot to provide more documents, this is the opportunity to make any updates and inform the officer.
If you have reached the second anniversary of your marriage since applying, remind the officer, so you’ll be approved for permanent, instead of conditional residency. Most importantly, if you go or are expecting a baby, bring medical records or a birth certificate with you, because this is significant evidence of a bona fide marriage.
4. Proof of Authenticity of Your Marriage:
The interview is the most crucial opportunity for the interviewing officer to determine whether your marriage is real. The documents you show are essential factors in this decision. Rental agreement and mortgages, utility bills, joint bank and credit card statements, membership in clubs, and many other documents you provide can help you prove that your marriage is bona fide.
To sum up, as a part of your preparation for the interview you should follow the list of documents that USCIS mailed to you. To make it more out of training, check out our tips to know before coming to a marriage-based green card interview.
What Is the Online Green Card Application Form (DS-260) Like?
This is one of the marriage green card interview documents. Form DS-260 is an Online Immigrant Visa Application submitted through the National Visa Center’s website. This form is used for those outside the U.S. to apply for a marriage-based or family-based card.
Also, for those applying for the marriage-based green card, you will be able to move forward in the process after the NVC approves the Form DS-260
Have There Been Major Updates to Materials in the Application Process?
Yes! Beginning on December 23, 2022, the USCIS will implement the new Biden-era Public Charge rule. As a result, USCIS will only accept the present version of Form I-485 as of December 23, 2022. Instead, it will use a new Form I-485 with more questions than the current one. Therefore, before submitting your application, please double-check that your Form I-485 edition is accurate.
As the Petitioner, What Forms and Evidence Should Be Submitted By You?
For the U.S. spouse visa interview documents checklist, the petitioner provides the following forms:
- I-130: Petition for an Alien Relative.
- I-864: Affidavit of Support
- Form I-130A: Supplemental Information for Spouse Beneficiary
- I-485: Application to Adjust Status
- DS-260: Application for an Immigrant Visa
- I-765: Application for Employment Authorization.
- I-131: Application for Travel Document
- Address history for the past five years
- Proof of previous marriages terminated (if only)
- Employment history for the past five years
- Previously filed a petition for the beneficiary
These are the documents needed for green card interview
As the Beneficiary Spouse, What Forms and Evidence Must Be Submitted?
As the beneficiary spouse, to obtain a green card, here are forms, evidence, and documents for a green card interview to be submitted.
- Form I-94 information (if present in the U.S.)
- Marriage certificate
- Proof of status
- Passport photograph
- Evidence of valid marriage
- Employment history for the past five years
- Proof of previous marriages terminated (if only)
- Previous immigration processes
Note: Depending on how you answer questions on the petition, additional green card interview documents/evidence may be requested for/required.
Summary
Just as the marriage green card interview is important in the green card process, so are the documents needed. With the appropriate documentation, your green card application could be allowed. Therefore, knowing what to bring to a marriage green card interview is important.
Ask your lawyer or research the marriage green card interview documents checklist. This helps limit the stress of running around to get your document prepared at the last minute and ensures you are prepared to ace your interview.
Also, you and your spouse must prepare mentally and physically for the interview.
Marriage Green Card Interview Documents FAQs
What do I need to bring to the green card interview?
Bring a complete copy of every document you submit with your application. When going for the immigration interview, you must bring your passport (as well as your green card), as your visa or proof of status may be stamped there.
Also, bring the originals of any other documentation you acquired from the USCIS or the American embassy you used to enter the country. Bring the originals of any documents, such as marriage and birth certificates, that you have sent copies of to USCIS.
How long is the green card marriage interview?
The green card marriage interview lasts about 15-30 minutes, and the questions are straightforward.
What do you need to proof that a relationship exists?
Here are what to bring to green card interview that can be used as proof of your relationship during your green card interview
- Proof of joint finances
- Proof that you live together
- Proof that you have children together
- Copies of travel itineraries for vacations
- Call or chat records that show you talk regularly
These are important green card interview documents to prove the marriage is bonafide.
Does USCIS check your text messages?
USCIS does not check text messages before approving your marriage green card petition. They only have the authority status and check all paperwork and to assign immigration other documents for the green card interview presented is viable.
How do I ace my green card interview?
The key to acing your green card interview is to:
- Refresh your memories
- Practice
- Be on time
- Be organized
- Be honest and open
- Speak your mind
- Prepare various new and old pieces of evidence
- Be well-dresses
- Have fun
Follow these tips, and you are sure to come out smiling.
What happens if you fail a green card marriage interview?
If you fail your green card marriage interview, the USCIS may investigate your case. They may also allow you to submit other evidence to prove your marriage. If not, they may issue a Notice of Intent to Deny your marriage green card application. Also, you could request a second green card interview and the documents for the naturalization interview to ace your interview.
When spouses come to the USCIS local office to attend the marriage-based green card interview, the interview can result in two ways.
The first one is when spouses pass it, after which the immigrant gets a permanent residence.
The second one is getting a notice for clarification at the Stokes interview.
The Stokes Interview is a second chance for the couple to convince the USCIS officer of their marriage’s authenticity. Usually, it is scheduled when the immigration officer has some doubts after holding the initial status interview. That is why the Stokes interview is also called the marriage fraud interview.
The USCIS officer’s suspicion that the marriage is fraudulent and conducted to misuse the marriage-based green card process can be dismissed during this second meeting.
Some of the most usual reasons why people get the Stokes interview notice are:
At the beginning of the interview, spouses are informed about why they are called for the investigation.
– Something that has been said or stated in the documents is causing suspicion,
– Immigrant officer is not convinced in the authenticity of the marriage,
– Lack of communication in the same language between spouses,
– Lack of joint finances,
– Big age difference, unimprovable cultural and religious differences, incompatible lifestyle and morals,
– Contradictory answers at the first interview,
– Getting married after being informed about the removal of the immigrant spouse etc.
The interview is held four to six weeks after the initial one. Like this interview, the list of the documents that should be brought contains identification paperwork, original documents stated in the applicant, and the copies. These additional documents provide proof of marriage authenticity, financial documents, shared photos, etc.
The interview can last up to eight hours, since the spouses are being separated and questioned individually, one at a time. Spouses get the same questions, and their answers are recorded and compared afterward.
If there is a significant lack of compatibility between their answers, they are brought together to explain this inconsistency. Even minor mistakes are getting counted, and if there are too many different answers, it will lead to the interview failing.
Immigration officers will use intimidating questioning styles to determine fraudulent marriages. However, if the marriage is real, there are no reasons to fear questioning at the second interview.
It may be hard to stay confident in this situation, but a lack of confidence raises the officer’s suspicion and tension. Questions that the immigration officer asks concern relationship history, family, shared living, and finances. They usually go deep into the intimate and personal details about the couple’s marriage bond and daily activities.
If the immigration officer is not satisfied and convinced after the Stokes interview about the bonafide marriage, he or she will deny the approval of a marriage-based green card. That can lead to removal proceedings against the immigrant spouse.
The Stokes interviews are very stressful and complexed, even for the couples who have been together for years. That is why the couple should take the preparation for this meeting seriously, preferably with the immigration lawyer’s professional help.
Dear Jath,
I am a New Jersey native living in Ethiopia with my baby daddy in an apartment that has no bathroom or kitchen. My boyfriend, a personal trainer and club dancer, has another child with his American ex-wife. They met in a club and got married in a traditional Ethiopian ceremony in 2016, with plans for him to follow her to the US. When he applied for a tourist visa at the US embassy in Addis Ababa, he was denied. He re-applied to be there for the birth of his child and was denied again. He applied again, armed with a letter of recommendation from a senator, but was denied a third time. Can he come to the US as my fiance?
Ariela and Biniyam
Only US citizens can bring K-1 fiances home. You should meet in person at least once within the last two years. Then you file your intent to marry with USCIS. About half a year to a year or more later, your fiance applies to an interview at an embassy or consulate.
With an approved K-1 visa, your fiance can enter the US in K-1 non-immigrant status. After that, you have 90 days to marry and file another application for their adjustment of status to lawful permanent resident (commonly known as an LPR or green card holder).
AOS typically takes half a year to a year, depending on your local USCIS field office. A K-1 becomes an LPR on the date their green card application is approved. K-1s can only adjust status through their original petitioner. If your relationship fails, they must leave the US.
Even if they marry a different city, they must still leave and reapply for a new petition to return.
His previous marriage complicates matters. The US government considers any marriage valid if it is legal in the jurisdiction where it takes place. It must be a real marriage for love, not for papers.
A consular adjudicator is legally obligated to presume that anyone applying for a non-immigrant visa has immigrant intent, and it is your burden to prove otherwise. Applying for a tourist visa was a mistake.
With an American spouse and child, there are obvious reasons he’d want to stay and adjust status. She should have petitioned him as her spouse instead of having him apply as a visitor.
Multiple unsuccessful visa applications hurt. The US keeps records of your immigration history – including previous travel, the statuses you were admitted, denied, or paroled in, and notes from past interviews. Without a significant change in your circumstances, each denial increases the chances of further denial, with no refunds.
Contrary to popular legend, letters from politicians, religious leaders, employers, or other authorities are like show money in your bank, land titles, jewelry, or designer clothing – they won’t hurt you, but they’re not going to outweigh other factors.
The adjudicator might take about 30 seconds to approve or deny. There is no right to counsel, almost no way to appeal, and they don’t have to look beyond your application form. His prior unsuccessful marriage to US citizen matters, as do previous visa denials and violations of immigration or criminal law.
Dear Jath,
I am a dental student from Syria. My wife is a US citizen studying healthcare management in Columbus. Can I get a spousal visa? If we apply, but want to live together until my visa is approved, can she live with me outside the US while my application is being reviewed?
Avery and Omar
Unfortunately, almost all Syrian nationals are currently banned from the US under the third version of Trump’s travel ban against mainly Muslim-majority countries. After years of litigation that mostly favored the challengers, the Supreme Court decided 5-4 that the President has the discretion to suspend foreigners from entry, and does not need to explain his reasoning.
You can apply for a waiver of the ban based on undue hardship to you and your US citizen spouse. However, such waivers often take years of invasive checks and administrative delays and are notoriously hard to win.
Nobody likes to be separated, but spousal visas generally take a year or more even in normal times. The US citizen spouse can visit, but remember the point of a CR-1 spouse visa is to reunite you in the US. Ideally, she needs a job and residence where you plan to live, which are difficult to find remotely.
Although the process takes longer than the K-1, a CR-1 becomes a legal immigrant the moment CBP stamps your passport. Even without a physical green card, you have rights that a fiance doesn’t, including the ability to work, travel, and to permanently reside in the US.
Dear Jath,
I just met the love of my life in Thailand. I recently got divorced after 20 years of marriage, then suffered a stroke. On top of that, I lost my job, my home, an election for school board, and went broke. While in Thailand trying to put my life back together, I was sitting in a bar one evening and heard the voice of an angel singing.
Buying her a drink led to dinner. 10 days later, I told Annie I would love to marry her. Respecting her cultural traditions, I asked Annie’s dad to bless our marriage. He wants me to pay him her dowry, which comes out to about $15,000 in cash, plus two water buffalo and $6,000 in gold.
Love is priceless, and my friend Chris is willing to lend me the money. How can I bring Annie back to Kentucky with me?
David
Congratulations, Dave! Hope you’ve been filing taxes because recent tax returns or transcripts are the main way the government determines whether you have enough income to sponsor your future spouse for permanent residency. USCIS considers poverty guidelines set by HHS every year and compares them to the adjusted gross income you declare to the IRS.
Unless you’re active-duty military, a petitioner from the US mainland must earn at least 125% of the poverty guidelines for the number of people in your household plus the immigrant(s) you are sponsoring.
The poverty line is slightly higher for Hawaiians and Alaskans. Currently, for just you and Annie, you’d need to prove you make at least $21,550 a year to successfully complete the I-864 affidavit of support. Claiming your children as dependents raises your household size and required income.
If you don’t make enough, your friend Chris can step in as a joint sponsor. There is no requirement that the joint sponsor is your family member or even friend. They just have to be a US citizen or LPR domiciled in the US.
A joint sponsor must show enough income to meet the I-864p requirement for their household plus 1 for the immigrant beneficiary (but not you, the petitioner), without adding your income to theirs.
A common misconception about the affidavit of support is that the sponsor must give the immigrant a minimum income to live on. This is not true. The affidavit of support binds the primary and/or joint sponsor to repay the government if the sponsored immigrant improperly receives means-tested benefits such as food stamps, Medicaid, or CHIP.
This obligation lasts until the immigrant files taxes for 10 years, naturalizes to US citizenship, or dies. As it is difficult to even for eligible citizens or LPRs to get benefits, these situations are rare.
Dear Jath,
I was so humiliated! I’m a model from Brazil with an American fiance. At our K-1 interview, the officer asked me if I’d ever worked as a prostitute! My beloved Michael and I were very offended! Why would they ask that and what should I do?
Juliana
Aside from telltale signs such as huge age gaps or not speaking a common language, consular and border officers ask questions to probe for grounds of inadmissibility. Don’t be shocked by questions asking if you were ever a religious persecutor, Nazi, terrorist, Communist, or genocidal murderer. These are standard questions straight from the law. Remain calm, answer only the questions asked, and always tell the truth. Lying to the government can make you permanently inadmissible to the US.
_________________________________________________________
Jath Shao is an attorney that drives, flies, and Zooms to wherever his clients need him. Jath also writes about identity, immigration, culture, and politics for Rappler.
Amajor difficulty for anyone with a B-1 or B-2 visa who wants to change their status to F-1 status is that – due to the length of time it takes for the USCIS to consider the change request, the SEVP institution which approved the course of study may “defer” that start date.
Applicants seeking to change their status to F-1 must have approved nonimmigrant status (such as B-1 or B-2 status) which extends to, at least, 30 days before the school’s start date and the F or M change request must be approved before that 30 day period.
An Example
If for example, a student has received approval from the school to start school on September 1 of a school year/calendar year, the student’s current nonimmigrant visa must authorize his/her stay in the United States to August 2, of that calendar year.
If a student files for approval to change from B-1/B-2 to F-1 status on their current B-1/B-2 visa then they can begin their studies if:
- Their current B-1/B-2 status is valid beyond August 2, of that calendar year – provided that:
- The F-1 request is also approved before August 2
- The start date is not deferred until the next term – for example, January 1 of the following year.
- Their current B-1/B-2 status is not valid beyond August 2, of that calendar year. The student then files and is approved for an extension of their B-1/B-2 status to the August 2 date or a later date. This extension process is known as “bridging the gap.”
- The F-1 request is also approved before August 2
- The start date is not deferred until the next term – for example, January 1 of the following year.
Why delays in F-1 change request processing and changes in enrollment start dates create complex problems for nonimmigrant visa holders
Unfortunately, there is a major Catch-22 in the student enrollment process and a change to the F-1 status process. That Catch-22 is that the school may decide to “defer” the student’s enrollment date to the following term (such as the January 1 of the following year date). If the enrollment date is deferred, then the 30-day limit is deferred (in the case of the example to about December 2).
The deferment date means a student who didn’t need to bridge the gap – may now need to bridge the gap. This raises, at least, two complications:
1. The student may not learn of the deferral date in a timely manner. The Designated School Official (DSO) is often boxed in too. They rely on USCIS to make a timely decision. When approvals take 5 months or more, then the SEVP approved school is likely to defer the date. There is often a gap between the date the deferral postponement is made – and the date the student is notified he/she must file for a B-1 or B-2 extension.
2. The change request (from B-1 or B-2 to F) status may take months or even up to a year. The uncertainty of the decision date makes it extra difficult to know if the appliance needs to “bridge the gap” by requesting an extension.
Currently, experienced visa lawyers are arguing for some degree of fairness – where it is beyond the control of the student to file an extension request (due to a DSO deferral) in a timely manner.
Call Herman Legal Group at +1-216-696-6170 or complete our contact form to speak with us about what steps need to be taken to bridge the gap of your B-1 or B-2 nonimmigrant visa while waiting for approval of your F or M nonimmigrant visa.
The US Citizenship and Immigration Services Agency provides a few useful questions and answers for foreigners in the United States who want to enroll in a course of study at an approved American institution:
What can I do if my current nonimmigrant visa status doesn’t allow me to change my current status to a course of study program?
The first thing you need to know is that you should NOT enroll in any classes or start your study program – until the USCIS has formally approved your change of status request to F-1 or M-1.
If you enroll or start the studies without approval from the USCIS, it can jeopardize your current nonimmigrant status. Your current request or any future request for F-1 or M-1 status may be denied.
USCIS recommends that if “USCIS has not adjudicated your change of status at least 15 days before the program start date on your Form I-20, contact the Designated School Official (DSO) at your new school.”
If USCIS hasn’t granted your change of status request:
- You’ll need to defer your attendance until the following terM
- You’ll also need to wait until the following term to start your studies – once you obtain approval of the F-1 or M-1 change request.
If USCIS does not grant your request to change status prior to the start date of classes, you will need to defer attendance and wait until the following term in order to begin your studies at the school in F or M status. During the delay for your Form I-539 change request, you must still keep your nonimmigrant status in a valid condition. USCIS recommends that students “work closely with their DSO to coordinate the timing of applying for change of status and enrolling in a course of study.”
“NOTE: If you are an M-1 student, you may not change to F status while you are in the United States.”
What if I Have a Gap in Status?
The short answer is that the best step is to contact an experienced visa lawyer. Bridging the gap in status from B-1/B-2 status to F-1/M-1 status is very complex – and apt to be very frustrating. Skilled lawyers can explain your rights, the probable time frame, and the practical issues for meeting the gap requirements.
The first date to consider is whether your nonimmigrant status will “expire more than 30 days before your F-1 or M-1 program start date.” If you want to stay in America (as opposed to leaving and applying for F-1/M-1 status from abroad), you do need to “find a way to obtain status all the way up to the date that is 30 days before your program start date (“bridge the gap”).”
Generally, if you want to change your status from B-1/B-2 (or another nonimmigrant status) to F-1/M-2, you must file a Form I-539 request to either:
- Extend your current status
- Change your status to another nonimmigrant status
This Form I-539 is in addition to the original I-539 request to change your status to F-1/M-1.
If you don’t file the second I-539 form, your first I-539 form will be denied.
You’ll need to continually check “the USCIS processing times while your Form I-539 change of status request is pending to determine if you need to file a request to extend or change your nonimmigrant status.”
Foreigners seeking to study in the US through an F-1 or M-1 visa should also understand that their “program start date may be deferred to the following academic term or semester because USCIS did not make a decision on your Form I-539 change of status application – before your originally intended F-1 or M-1 program start date.”
In some cases, applicants may need to file multiple bridges the gap requests. In addition, these potential students need to understand that there are separate filing fees for each form they file.
Call Herman Legal Group at 1 (216) 696-6170 or fill out our contact form to talk with us about any questions you have regarding changing your B-1 or B-2 status to F-1 or M-1 status.
Before the U.S. Citizenship and Immigration office, the marriage-based green card interview is the last step in the application process for getting permanent residence. However, there can be few more requests and different outcomes as a result of the interview.
Usually, the immigrant officer brings the decision right at the end of the interview. If the application has been approved, he or she will put the stamp in the immigrant passport, which is valid for 30 days as a green card. The green card will arrive by mail in the next 60 days.
However, different delays can happen and postpone decision-making. Sometimes, the immigration officer is undecided or has no authorization to bring the decision alone. Also, delays can occur due to background checks of an immigrant by outside agencies. When the officer suspects that the marriage is a fraud, it is possible to run a site visit as a form of investigation. These visits are unannounced, and their goal is to have a close look at the couples’ married life.
In cases when additional information and documents are missing, there are several ways to provide them:
1. The examiner can request for evidence (RFE) to provide supporting documents that confirm the marriage’s authenticity. The deadline to respond at the RFE is thirty to ninety days. Non-compliance with the deadline can lead to application denial.
2. USCIS can request to conduct an additional review of the application. It is expected that this will require spouses some additional steps to make.
3. USCIS can schedule the Stokes interview, i.e., the marriage fraud interview, after the initial one. This type of interview is appointed when there is a suspicion that the marriage is a sham, conducted to obtain permanent residence. If the couple passes this interview, the application is approved, and the green card is sent via mail within sixty days.
After making the decision, the official decision notification should arrive via mail within thirty days after the interview. If it is an approval, it includes notification of approval and a welcome notice. This letter contains crucial information about the rights and duties of the new permanent resident.
If it is a denial, it contains an appeal instruction for those denials that can be appealed. The denial could be inconsistency and incompatibility in spouse’s answers and filled statements, lack of documents, failure at background checking, etc. In severe cases, USCIS can send a notice of intent to deny (NOID), with a request addressed to spouses, to provide a proven explanation for all the mismatches at the interview. This notice is an opportunity to solve the issues before the final decision.
There is a particular procedure in cases where spouses were married less than two years at the time of the permanent residence approval. In this case, the immigrant green card is conditional, and it is valid for the next two years. After one year and nine months, spouses have to fill the form I-751 to revoke the condition. Generally, most green cards are valid for ten years.
It is in the spouse’s interest to conduct good preparation for the initial marriage-based green card interview to increase their chances and get as early as possible permanent resident approval.
Form I-539 is titled Application to Extend/ Change of Status Non Immigrant Status. Foreigners who wish to enroll in a course of study in the US need to complete this form if they are currently in the US on a nonimmigrant visa and:
- Wish to change their nonimmigrant visa status (from B-1, B-2, or any other eligible status) to F-1 or M-2 status.
- Want to extend their current nonimmigrant visa status. For example, extending your status is often required to bridge the gap between your current status and the date your change request is approved.
What are the requirements for completing Form I-539?
The core requirements, which you should review with an experienced immigration attorney include the completion of the following. A printable version of Form I-539 is available online.
1. Your full name. You also need to include your alien registration number (if any) and your USCIS online account number (if any).
2. US mailing address. If the mailing address is in the care of anyone, you need to state who that someone is.
3. US Physical address. This is the address (with all the standard identification items) where you physically live.
4. Additional information such as:
- Your country of birth
- Your country of citizenship or nationality
- Your date of birth
- Your US social security number (if you have one)
- The date you last arrived in the United States
- Information about your most arrival into the United States such as your passport and travel document numbers and information.
5. The application types. You will need to check which of the following items apply:
- Reinstatement to student status
- Extension of stay in the current status
- Change in status
- New status and the effective date of the change
- The change in the status type you are requesting
- If you are the only applicant
- Whether members of your family are applying with you
- The total number of people, including yourself, who is filing the application. A separate Form I-539 must be filed for each person.
6. Processing information
- The date the applicant(s) want their status extended until
- Whether the application is based on an extension or change of status already granted to a spouse, child, or parent. If so, provide the USCIS receipt number.
- If the application is based on a separate application on behalf of a spouse, child, or parent. If yes, additional information is required.
- If the application is pending, provide the USCIS receipt number and other requested information.
7. Additional applicant information such as whether you’ve filed for immigration before, background questions about any violations; information about removal proceedings; background questions about torture, genocide, forced sexual relations, and other similar issues; prior employment in the US questions; and other matters.
8. The US government asks questions about B-1 and B-2 extensions to determine if you will be a public charge while you’re here. The US wanes to know, for example, whether you are receiving any type of public assistance such as SNAP, SSI, or Medicaid. If you are receiving any public benefits you’ll need to answer questions about the coverage dates and the circumstances surrounding the benefits.
9. You’ll need to provide your contact information, certify numerous facts, and sign the form.
10. Additional information that may be required.
Call Herman Legal Group at +1-216-696-6170 or complete our contact form to speak with us about helping you prepare and file your I-539 extension or change form.
Introduction
Our office often receives calls from people who seek permanent residence in the United States but have messed up the marriage green card interview and have done significant damage to their case.
Those damages can sometimes be irreparable. In many cases, making any severe risk is avoidable with a bit of preparation and understanding of how the interview will go.
In all events, people should take the interview very seriously. Having a lousy interview can mean denial and placement in deportation, or significant delays, due to investigation, including examining your home by USCIS officers.
Even small mistakes during the process can lead to problems and make your case get complicated and expensive.
Although your marriage green card interview may still be months or later in the future, you probably want to learn what to expect when you meet the interviewing offices. Knowing how it will look will help you feel more confident and prepared when that momentous day comes.
This article will equip you with the right information and prepare you and your spouse to handle the interview with United States Immigration Service (USCIS) or the National Visa Center (NVC).
What is the Marriage Green Card Interview?
First of all, you don’t have any reason to get anxious just because USCIS sent you an appointment notice for an I-751 (Petition to Remove the Conditions of Residence) or I-130 (Petition for Alien Relative) interview. Taking the interview is likely the last step in obtaining the marriage-based green card, and almost everyone must go through it during the adjustment of status process.
Your aim is to make the interviewing officer sufficiently convinced that your marriage is not fraudulent and approve you or your spouse for a marriage-based green card right after the interview. So, how to get there?
If you live in the United States, then after USCIS has finished reviewing your marriage-based green card application materials, it will transfer your files to the closest local USCIS field office to where you and your spouse live.
Afterward, the local office has the task to issue an appointment notice informing you that you must both attend an interview at a specific time, date, and location.
When it’s time for the interview, USCIS mails the applicant the interview appointment notice labeled as I-797C Notice of Action, like many other USCIS communications. Mostly, you’ll have a few weeks to prepare and make travel arrangements if you or your spouse live abroad.
For people living abroad, NVC will finish reviewing all of the marriage-based green card application materials. Then it will transfer it to the U.S. consulate in the home country, which will process your green card application.
The consulate will issue an appointment notice informing you or your spouse living abroad that you must attend an interview determining a specific time, date, and location.
Although you mailed your application to a USCIS lockbox location, they will schedule an interview at a local office nearest you. In some areas of the country, this may require a long drive and an overnight stay. If you are a sponsoring spouse, you will not participate in this interview.
This means that if you or your spouse seeking a marriage-based green card live in the United States, the USCIS will schedule the interview, but the NVC will organize the interview if you live abroad. The primary goal is to interviewing officers to determine whether your marriage is true and to assess the authenticity of the marriage— in other words, to make sure that your marriage is not based on fraud.
How Does the Marriage Green Card Interview Look Like?
Before coming to the interview, you need to make sure you collected all of the required documents. You need to bring proof of holding the green card (permanent resident) status, travel records such as a passport or USCIS-issued travel documents, then proof of current marital status and termination of your prior marriages, and similar.
To ensure that your marriage is legit, the interviewing officer, a USCIS officer, or a consular officer trained for such marriage-based green card interviews will ask a set of questions. During this process, he or she will focus on your relationship’s history, daily activities as a married couple, your kids if you have any, your future plans, etc.
A typical citizenship interview lasts about 20 minutes, but the exact time frame varies by applicant. During that time, the interviewing officer asks relatively simple questions and is looking to assess whether the foreign spouse qualifies for a marriage-based green card addressing details surrounding the spouse’s entry to the United States and previous immigration history.
You will be asked a set of questions and expected to answer honestly, directly, and briefly. You might not feel comfortable answering some questions because you cannot recall or don’t know the right answer. It would help if you remembered that it is always better, to be honest, and admit that you cannot think of the required specifics than trying to make something up in these cases.
Putting in front of you simple questions about how and where the two of you met, the spouse’s birthday, who takes care of finance, the name of the spouse’s best friend, and similar, the USCIS officer will thoughtfully value the answers trying to understand your relationship.
Get prepared and learn more about common interview questions. You may also deem the interview an opportunity to present additional evidence to prove your marriage’s authenticity that you haven’t filed along with your application, so be free to bring it with yourself, as well.
Usually, the same USCIS officers will interview you and your spouse. Still, you can expect no matter if your interview was scheduled at the same time, that officers will decide to talk separately with both of you. This way, the interviewing offices want to compare your questions and assess whether there were any discrepancies or if one of you told a lie. You can be interviewed either by different officers or by the same officer, but one at a time.
When spouses are interviewed separately, it is called a “Stokes” interview. Officers from USCIS’ Fraud Detection and National Security unit (FDNS) mostly conduct these interviews.
In this case, they will interview each spouse separately, and then the officer will compare the answers for inconsistencies. If you and your spouse have been questioned, there is still a chance to be called for a Stokes interview a second time if officers suspect your answers’ validity.
You can also expect to be interviewed in Stokes format if there is a large age gap between you and your spouse, if your marriage is very short, or if the USCIS officer chooses to switch to a Stokes interview because new information has come up that they want to explore more.
To avoid any inconvenient feelings during the questioning or proceeding to the Stokes interview that can be demanding, you and your spouse should take preparation steps that will help you prepare your green card interview goes smoothly.
For example, it would be good to sit down with your spouse, or have an extended phone call if one of you is in another country, and refresh your memories.
This means that you should go over the key dates, holidays, and any other significant events in your relationship’s history, so both of you are sure that none of you will miss or interpret any details differently.
Also, make sure that you collected all original documents of the copies you submitted to the government in your green card application package. It includes your passports, birth and marriage certificate, court records, and prior divorce documents if there are any previous marriages, as well as photos and other evidence of the authenticity of your marriage.
Moreover, as we mentioned previously, we strongly advise you to bring with yourself any additional documents that you haven’t submitted before for any reason and if you believe that now those could help you prove the authenticity of your marriage.
Those can be the same items we mentioned: recent photos of you and your spouse, birth certificates of any children you have, joint income, recent joint bank account statements, tax returns, joint property documents, and similar.
Suppose you and your spouse live in different countries. In that case, you may consider including copies of travel itineraries for vacations you took together, particularly to the foreign spouse’s home country, so the officer can see that the two of you have visited each other regularly.
Also, any copies of phone records showing you talk on the phone frequently can be valuable for your case. Before coming to the interview, make sure you organize all of your required documents neatly and correctly and place any photos in a chronological album.
What to Expect After the Marriage Green Card Interview?
As a part of the preparation, you should get informed of possible outcomes so you can act accordingly and avoid any further mistakes in your steps to obtaining the green card.
Upon finishing the interview, there are five possible outcomes that you can expect to happen:
1. Application Approval:
The first situation where you get the application approval is the one you are looking for. The interviewing officer will inform you right after the interview that your case is approved.
It means that you attended the interview well prepared, and the documents you provided were sufficient for issuing the marriage-based green card. The offices will put the stamp in your or your spouse’s passport, and it will be valid for 30 days, within which you will receive the green card.
2. Request for evidence (RFE):
When the officer deems that the documents you submitted are insufficient, he or she will issue an RFE to give you the opportunity to provide more information about your case.
The RFE will most commonly seek more proofs that your marriage is authentic. Evidence that will help you convince the officer can be utility bills, bank statements, or statements from friends and family regarding your relationship, especially people who attended your wedding and can confirm it.
3. Additional review of documentation:
Sometimes, the officer can be uncertain about the documents you provided and the answers you gave during the interview. Due to your case’s complexity, the interviewing officer will state that your case needs further assessment but that you don’t have to submit any additional documentation.
In this case, you only need to wait for a final decision or any additional steps determined by the USCIS officer you will receive via mail.
4. Invitation to the Second interview:
The officer can decide to invite you for a second interview if he or she determines a need for further discussion of your case. This may happen when the interviewing offices want to discuss particular areas of your marriage or your relationship’s background.
If the officer that conducted the interview decides to schedule the second interview, you will receive another interview notice either from USCIS or your consulate in the mail.
5. Denial of your application:
If the USCIS officer establishes ineligibility at the interview, you can receive information that your case is denied on the spot. Several factors may negatively affect your green card application and determine it as ineligible.
For example, suppose you have submitted insufficient documents. In that case, the officer will state in assessing your applications why denial is due to challenges to uncover the background check or your immigration history.
But, do not feel discouraged because, more often than not, the officer will allow you to submit more evidence or clarify such issues before reaching a final decision. If your I-130 application is denied, you can appeal to the Board of Immigration Appeals (BIA).
The second option that you have is re-filing the application with USCIS. On the other side, if you filed an I-751 application, which has been denied, you can re-file with USCIS and possibly ask the immigration judge to review the denial if you have been placed in deportation proceedings.
However, before coming to the marriage green card interview, you need to do the right preparation, endeavoring to take each step in the process thoroughly. The process of getting the U.S. permanent residence can be harsh and stressful.
Still, with proper advice from an experienced immigration attorney, you can easily overcome any of the possible scenarios we talked about. With the notable expertise we gained by helping immigrants in the United States adjust their immigration status, lawyers at our office will provide you with the right guidance.
We will focus on specific circumstances related to your case, allowing you and your spouse to make joint life plans in the United States.