Introduction
Getting a marriage-based green card is a process, and the interview is the final step.
You and your spouse can finally start your life in the United States. To help you feel
more comfortable and prepared, this guide will go through everything you need to know
about the green card interview.
What to Expect
The marriage green card interview is the last step of the process. If the spouse applying
for the green card is already in the United States, the U.S. Citizenship and Immigration
Services (USCIS) will schedule the interview. If the spouse is abroad, the National Visa
Center (NVC) will handle the scheduling.
Key Points to Expect:
● Purpose of the Interview: The interview is to verify that your marriage is real
and not fraudulent. The interviewing officer will ask questions about your
relationship history, daily life, and plans together.
● Common Questions: You can expect questions ranging from how you met to
details about your wedding, daily routines, and even your spouse’s family.
● Legal Parameters: Understanding the burden of proof and the standard of
evidence required is crucial. The burden of proof lies with you, the petitioner, to
show that your marriage is real.
Why So Much Fuss?
While most marriage green card cases are real, there is some marriage fraud out there.
USCIS has a legitimate law enforcement function to identify and prosecute marriage
fraud .
How to Gather and Present Evidence for Your
Marriage Green Card Interview
Preparing Your Documents:
● Checklist of Essential Documents: Bring your marriage certificate, birth
certificates, joint income tax returns, and other key documents. Ensure you have
both original documents and certified copies.
● Presenting Your Evidence: Organize your documents clearly and logically. Use
labels and explanations to make it easy for the officer to understand your
evidence.
When you submitted your I-130 you already provided a lot of documentation to support
the bona fides of your marriage. For the interview, you should bring new
documentation of your shared life since submitting the I-130.
Types of Evidence:
To prove the authenticity of your marriage, you will need to provide strong evidence.
This includes:
● Cohabitation Documents: (lease, deed, bills, and other records with both or
one of your names but with a common address)
● Financial Commingling: (joint bank account you both actively use for deposits
and withdrawals of daily living expenses; jointly filed taxes; joint insurance; joint
ownership of assets (real estate, vehicles, etc.), joint debt (bills, credit cards,
loans, mortgages)
● Social Proof: (joint pictures with family/friends, written statements from
friends/family that are dated, signed, explain how they know you and how they
know this is a real relationship — such as recounting shared experiences, diners,
concerts, visiting your home, etc.)
Bring the following documents to the interview:
● Birth certificate
● State ID/Driver’s License/Passport
● Marriage certificate
● Interview letter
● Current/expired U.S. visa(s)
● Medical examination document
● Proof of sponsor’s U.S. citizenship or permanent residence
● Proof of lawful U.S. entry and status, if applicable
● Police clearance certificate, if applicable
● Court, police, and prison records, if applicable
● Military records, if applicable
● Immigration violation records, if applicable
● Last three months’ joint bank statements
● Most recent joint utility bill
● Most recent joint phone bill
● Most recent medical insurance cards
● Most up-to-date car insurance
● Copy of 401K or life insurance
● Recent federal tax return (if filed jointly)
● Additional joint documents with both names
● Twenty-30 photographs (2 pictures to a page, annotated with names of people in
the photograph, identifying the relationship, date and place, and special meaning
of the occasion)
● Screenshots of texts exchanged
● Social media postings and other evidence
Also write a detailed narrative of your relationship, including how you met, common
interests (we both like hiking!), high points of the relationship, such as traveling, shared
struggles (such as a death in the family), and plans for the future. Submitting this signed
and notarized statement helps build the administrative record and helps you control the
narrative.
Having all the documentation can prevent bad outcomes and make the interview
smoother.
Burden of Proof: Who Has to Prove What?
In administrative proceedings, such as the adjudication of an I-130, the petitioner, not
the government, has the burden of proof to establish eligibility for the benefit sought
(Matter of Brantigan, 11 I & N Dec. 453 (BIA 1966)).
In other words, USCIS doesn’t have to prove fraud to deny the I-130. They can deny it if
the petitioner fails to meet the burden of proof to show the marriage is real. The
petitioner is presumed ineligible until proven otherwise.
Standard of Proof: How Much is Enough?
To get approved, the petitioner must provide evidence that meets the standard of proof
to show your marriage is valid. The standard of proof varies in different scenarios.
Other situations require a higher standard of proof.
Special Circumstances
In some cases, a higher standard of proof, such as “clear and convincing evidence,”
may be required.
● Clear: The evidence must be explicit, precise, and unambiguous.
● Convincing: The evidence must be strong enough to command the unhesitating
assent of every reasonable mind.
Examples of Enhanced Evidence
● Detailed affidavits about the relationship’s history and context.
● Extensive documentation of the intertwining of financial and social lives.
● Psychological evaluations or professional attestations about the couple’s
relationship.
● More extensive photographic evidence, including various life events.
Specific Situations Requiring Higher Proof
Marriage within Five Years of Obtaining LPR Status:
● Generally prohibits approval of a visa petition filed by a Lawful Permanent
Resident (Green Card Holder) for a spouse within five years of obtaining LPR
status through a prior marriage.
● The petitioner can overcome this prohibition with clear and convincing evidence
the prior marriage was genuine or ended through death.
Marriage During Removal Proceedings:
● Prohibits approval of a visa petition if the marriage occurred during exclusion,
deportation, or removal proceedings.
● Exceptions can be made if the petitioner provides clear and convincing evidence
the marriage was entered in good faith and not for immigration benefits, or if the
alien beneficiary resided outside the U.S. for at least two years after the
marriage.
Where Fraud is Alleged:
In visa petition proceedings where fraud is alleged, the petitioner must present clear and
convincing evidence to overcome the fraud determination (Matter of Soriano, 19 I&N
Dec. 764 (BIA 1988)) . In rare cases, if the government files a criminal case alleging
immigration-related marriage fraud, the “beyond a reasonable doubt” standard will be
used. For more about dealing with fraud allegations, see Marriage Fraud and
Immigration Consequences.
The Interview
The green card marriage interview will be conducted by a USCIS officer (in the US) or a
consular officer (abroad) who is trained for marriage-based green card interviews. The
interviewing officer’s main goal is to verify the marriage and determine if the foreign
spouse is eligible for a green card.
The officer will ask about the spouse’s entry to the US, arrests, and previous
immigration history. It is crucial to be prepared to answer questions effectively, and
having an experienced immigration attorney can help with this preparation.
Interview Questions
During the marriage green card interview, you can expect questions that delve into the
details of your relationship, such as how you and your spouse met, your daily routines
as a married couple, and your plans together. This is also an opportunity to present
extra evidence to prove your marriage.
Answer the officer’s questions honestly, directly, and briefly. If you do not know or do
not remember the answer, it is better to say so than to make something up.
Interviewed Separately
Sometimes couples are interviewed separately – either by two different officers or by
the same officer but one at a time. This is called a “Stokes” interview , used to verify the
consistency of each spouse’s answers.
Be prepared by ensuring both of you know your relationship details. If USCIS interviews
the spouse separately, it is important to provide accurate answers to the questions
asked. If you are unsure or do not know the answer, you should say so.
Know Your Relationship Details
Expect questions about your relationship history – how you and your spouse met,
details of your wedding ceremony, and your spouse’s parents. Knowing details about
your spouse’s parents is important as it shows the depth of your relationship and
familiarity with each other’s families.
The interviewing officer may also ask about your daily routines – who cooks, who
cleans, and whether your spouse drinks coffee. Knowing these details will help prove
your relationship.
Family and Friends
Officers may ask about your families and friends, including your spouse’s parents,
children from the marriage, and how your families interact. Be prepared to talk about
significant events – your spouse’s birthday and important holidays you celebrate
together.
Common Questions for Marriage Green Card Interview
Relationship History
● How did you and your spouse meet?
● Where were some of your first dates?
● How long did you date before getting married?
● What is the story of your proposal?
Your Wedding
● What was your wedding like?
● Who was at your wedding?
● What was the food?
● How many people attended
● Were there any special rituals? If so, what kind?
● Did you go anywhere for your honeymoon? If so, where?
Daily Routines
● What is daily life like for you and your spouse at home?
● How do you start your day?
● How often do you text or call each other when you are apart?
● Who cooks?
● Who cleans?
● Do you spouse drive?
Your Children (If Any)
● How do your children get to school?
● Who are their friends?
● What is their favorite food?
● Do they play any sports? If so, what?
Personal Habits and Needs
● Which side of the bed do you sleep on?
● What PJs do you wear?
● What medications does your spouse take?
Big Events, Rituals or Celebrations
● When is your birthday?
● How do you celebrate your last birthday? When is your spouse’s birthday?
● What did you get each other?
● What is the most important holiday of the year in your household and where do
you celebrate it?
Cooking
● How often do you eat out?
● What is your favorite restaurant for special occasions? For weekly outings?
● What is your favorite food?
● Who cooks most?
● Who does the grocery shopping? Where do you shop?
● Is there a food you eat every week?
● What is your spouse’s favorite/least favorite food?
● What color are the kitchen curtains?
● Do you have a BBQ grill? Do you use it?
● Is your stove gas or electric?
Residence
● Do you live in a house or apartment?
● What is your current address?
● How many bedrooms are in the apartment/house?
● How many bathrooms are in the apartment/house?
● How many televisions are in the residence?
Special Occasions
● What did you do for Christmas, or Thanksgiving, or 4th of July Weekend, Labor
Day Weekend, Memorial Day Weekend, etc.?
● What did you do for her/his birthday?
● What did you do for your spouse’s birthday?
● Did you get her/him a gift for her/his birthday?
● What did you get her/him?
● Did you get her/him a gift for Christmas?
● What did you get her/him?
Recent Events
● Did you eat together last night?
● What time did you eat?
● What did you eat?
● Did you sleep together last night?
● What time did you sleep?
● What did you do last weekend?
Spouse’s Basic information
● What is your spouse’s full name?
● Where was your spouse born?
● How did your spouse get to the US?
● Where did your spouse enter the US?
● Does your spouse have children from before your marriage?
● Has your spouse ever been married before?
● How many siblings does your spouse have? What are their names?
● What are your in-laws’ names?
● What are your spouse’s parents like?
● When was the last time you saw your in-laws?
● Where does your spouse work?
● How much does your spouse earn?
Helpful Tips
- Be truthful during the interview : They will ask personal questions, so be
honest. If a question is too personal, let them know but try to answer the best of
your ability. Transparency will help build trust and show your marriage is real.
Providing accurate information is crucial; misrepresentation can lead to denial
and a potential ban from the U.S.
- Don’t Guess: Listen carefully to the officer’s questions.
▪ If you do not understand the question or did not hear the whole question,
ask the officer to repeat or rephrase the question.
▪ If you hear and understand the question but do not know the answer, don’t
guess. If you guess, you will probably guess wrong, and the officer can
use the wrong answer as evidence that this is not a real relationship.
▪ If you do not know the exact answer but can approximate, such as dates,
you can qualify your answers by saying “approximately.” - Wear business formal attire to the interview: No jeans, T-shirts, or revealing
clothing, as it is a government building. Dressing well sets a good tone and
shows respect for the process. It is important that both of you make a good
impression. Be well-rested, don’t smoke marijuana before your interview, and
avoid strong odors. - Get to the venue early: Government buildings have procedures like metal
detectors, which can take time. Being early shows respect for the process and
reduces stress. - Bring an Interpreter if Needed: If you need an interpreter, bring one with you.
Understanding the questions being asked is key to giving accurate and honest
answers. - Wait for Your Attorney: If you have an immigration lawyer, wait for them to
arrive before the interview. Even if they call you early, tell the officer you prefer to
wait for your attorney. Having the expertise of immigration law on your side can
help. - Speak Up: Interviewing officers will ask very personal questions. If you find a
question too personal, you have the right to tell the officer and ask to pause the
interview so you can talk to the Supervisor. Always be polite and professional.
Being prepared for this can help you stay calm.
Conclusion
The marriage green card interview is a big deal. By knowing what to expect, having
strong evidence, and preparation, you can feel confident. If you need help, Herman
Legal Group , a law firm with over 29 years of experience, can help you prepare and
present your case. Contact us today to schedule a consultation and start building your
future together.
Continue Reading: Now that you know the process, it is time to learn the specifics on
how to gather evidence and address red flags and negative outcomes. Read our next
post to get started.