Client: Beneficiary of Marriage Green Card
Client’s Country of Origin: Canada
Case Type: I-130 Petition for Alien Relative: Marriage
Date of Application: November 2018
Date of Approval: June 2019
Being neighboring countries, Herman Legal Group has helped many Canadian-American couples with their immigration needs. In this case, our client, a citizen of Canada, is an outdoorsman who met his wife, a citizen of Ohio, through a mutual hobby. They met at an animal showcase near his hometown and shortly after started dating.
Our client came to the US on tourist status to visit his girlfriend and continue the growth of their relationship. After some time passed, their love grew, and eventually, they sought to unite in marriage. They approached Attorney Richard Herman for legal counsel in order to begin changing our client’s current status to apply for a marriage green card.
Attorney Herman explained that doing so would present challenges to the couple—the USCIS generally examines this adjustment under strict scrutiny: If an immigrant comes to the US on a tourist visa and seeks to adjust status by marriage, the Service will presume that the immigrant intended to immigrate on the tourist status while already in the US. This act is known as visa fraud.
Our client explained that the couple in no way intended to evade immigration laws—they simply decided to take the next step in the course of their relationship after spending time with one another. Attorney Herman assisted the couple in filing their I-130 and I-485 applications along with other authorization forms. However, six months had passed and the Service had yet to issue an interview date for the couple.
Our client grew worrisome as he did not want the government to observe his immigration motives in suspicion. It is also important to note that, during the waiting period, the immigrant cannot work or travel until receiving authorization—which in some cases, leaves the immigrant waiting in limbo.
Finally, our client was scheduled for an interview, and Attorney Herman spent much time preparing the couple for the date. People often overlook how the interview process may seem intimidating and nerve-wracking for visa applicants as their possibility of lawfully living in America is on the line. Common fears for couples applying for a marriage green card being split up during their interview or that their answers won’t suffice for approval.
As experienced counsel, clients come to us in order to calm them down, talk strategy on the immigration process, and give them confidence that their case will be successful. In the end, that’s exactly what Attorney Herman did—he prepared our clients by going over questions, answers, legalistic terms they may encounter, and overall, let them know that it will be okay!
Entering their visa interview with confidence, our clients shared great stories of their relationship with the officers, who quickly approved the couple for the marriage green card. Excited to establish their life in America together, their next steps will be to file forms to remove the conditions on the visa.
Applicants who file for adjustment of status to get their green card in the United States must usually appear for an interview at an office of U.S. Citizenship and Immigration Services (USCIS). It is not rare that people do not get this interview seriously and ruin their chance to obtain a green card just because they haven’t followed the preparation steps.
10 Scenarios of People Who Made Mistakes
1. You haven’t brought the right things to the interview
A list of required items you need to bring with yourself at the interview. USCIS will mail this list before your date, but also, you can include more documents that find useful for your case. If you miss bringing all of the needed documentation, it causes a delay of weeks or even months.
2. You forgot to bring original documents
When you filed your application package, you have submitted copies of documentation to USCIS. USCIS now wants to check the originals and compare it to what you have previously sent.
3. You forgot to bring documents updating your life situation
If anything in your life has changed, for example, you got a different job, you will need to bring documents proving that fact. It also applies to the thing that you think might hurt your application, such as recent arrests. In this case, it is a good idea to consult a lawyer before coming to the interview.
4. You didn’t bring a competent interpreter
Be honest about how good your English skills are. If you think that you will not be able to answer all of the officer’s questions or provide a detailed description of specific events, you need to consider bringing the interpreter. This way, you will avoid misunderstanding some questions or the officer misunderstand your answers.
5. You didn’t bring translations for foreign-language documents
Any foreign language documents that you bring, such as birth certificates from other countries, must be fully translated into English. Moreover, make sure to accompany this document with a statement from the interpreter stating that the written information is correct.
6. You said inappropriate things at the interview
You need to listen carefully to the USCIS officer’s questions. Failing to do so, you can say things that can negatively affect your case. Moreover, you shouldn’t try to make something up just because the reality doesn’t sound good enough. There are many ways of how the interviewing officer can find out.
7. You were saying too much
Remember that you should only answer the questions you were asked. You shouldn’t offer any more information that they need from you. Whatsoever, given some information might be risky and lead to a misunderstanding or make the USCIS officer open new questions, getting you into trouble.
8. You were creating the wrong impression about staying in the United States
When you applied for a nonimmigrant visa, what were your thought about life in the United States? Did you want to use a chance and visit, work, or study in the United States, or have you had the idea of staying there misusing the visa you were issued? You may be asked about your previous visa process, the type of it, as well as reasons you wanted to come to the United States. Now, try to make clear why you chose to stay there.
9. You were saying you told the truth on your visa application, while some of the information was false.
The interviewing officer will ask you about the information you provided in the application for other visas you used to enter the United States. Be honest because the USCIS officer probably already has a copy of your application.
10. You failed to tell the truth about criminal matters
If you have had any arrests or similar criminal problems, you will need to bring it up at the interview. Again, the officer probably already obtained your criminal record, so this is your chance to admit it and be clear about the situation.
Are you getting ready for a marriage-based green card interview? Your interview is approaching, and you want to know everything that you can encounter there.
If your response is uncertain or discrepancies with your spouse’s, the officer can become suspicious or believe that your marriage might be a fraud.
If this happens, they can separate you and conduct individual interviews in the “Stokes” format.
An Overview of What a Marriage-Based Green Card Is
A marriage-based green card is an immigrant visa granted by U.S. Citizenship and immigration services (USCIS) that allows the spouse of a United States citizen or green card holder to live and work in the United States as a permanent resident.
Getting a marriage-based green card is one of the quickest ways to get a permanent residence and also one of the first steps towards U.S citizenship.
It is important to note that marriage alone is not enough to provide immigration status to a foreign country. But being married to a United States citizen or green card holder qualifies you to apply for immigration benefits like a green card.
Also, a marriage-based green card lasts for a period of time (stated by the USCIS) before it must be renewed.
What Should You Expect During the Marriage Green Card Interview?
The marriage green card interview is an important inspection and analyzing process. Therefore, you should expect to be thoroughly inspected and all documents carefully checked.
You should expect to submit various files, such as photographs, marriage certificates, airline tickets, etc. to help back up your claim.
This list of questions that the interviewing officer can ask is an insight into what you can expect. However, it is not exhausting, and it depends and adjusts to your specific situation.
Your Relationship
- Where and when did you two meet?
- When did your relationship turn romantic?
- What do you have in common?
- How long were you dating before you decided to get married?
- What do your parents think about your relationship? Do they approve of it?
The Wedding Day
- How guests attended your wedding?
- Were your parents present?
- When and where was it organized?
- What music there was and who chose it?
- What about the food you served?
- What are the names of the bridesmaids and groomsmen?
- What kind of liquor did you serve?
- Describe any uncommon event from that day, for example, if anyone gets drunk or otherwise embarrasses themselves at the reception?
- What about a honeymoon? Where were you? Who chose the place
Daily Routines
- What time do you get up? And what about your spouse?
- Who makes breakfast, and what do you usually eat?
- What is the morning routine of your spouse? Does he or she drink coffee?
- Where does your spouse work, and do you know the name of her or his boss? What is the location of that workplace?
- What is the monthly salary of your spouse?
- Who pays the bills?
- Do you have any pets? Who takes care of it?
- Do you attend regular religious services together? Where?
- What did you do before coming to the interview or this morning/yesterday/last weekend, etc.?
- Does your spouse take any regular medications?
The Cooking
- Who does most of the cooking, and who does the grocery shopping? Where do you buy food?
- How many times a week do you eat out?
- What is your spouse’s favorite restaurant? Do you have any particular place you visit on essential occasions?
- Do you eat any specific food every week?
- What is your spouse’s favorite and least favorite food?
- Do you have a barbecue grill? Do you use it?
- Do you have a gas stove or an electric?
Technology in Your Home
- How many telephones do you have at your house? Where are they placed?
- How many televisions are in your home? In which rooms are they? Name the last show or movie you watched together.
- Do you have a subscription to any streaming video service?
- What company provides your cable service and internet service?
- Does your spouse listen to the radio? What station?
The Bedroom
- What size is your bed?
- On what side of the bed do you sleep?
- When was the last time you had intimate relations?
- What kind of toothbrushes, toothpaste, shampoo, and soap does each of you use?
- What is your routine before going to bed? Do you watch TV or read?
- What color are the curtains in your bedroom?
- Do you have any carpets? Where? What color or patterns are they?
Celebrations
- What did you buy as a present for your spouse’s last birthday? What did you do that day?
- Do you celebrate any religious holidays? What? Describe those events.
- What did you do last New Year’s Eve?
This list of questions, however, is not exhaustive. It represents only guessing of what kind of questions the officer will bring up to you. Try to imagine if you were an interviewing officer, what answers would you like to get?
Nevertheless, the important thing is to sit together with your spouse a week before the interview and have fun remembering all the small details about each other and your relationship.
As long as you are relaxed and honest, the process will have the course you are looking for.
How to Know If You Are Prepared for Your Interview?
Preparing for an interview can be overwhelming. After going through the preparation process, you know you are prepared when you are confident that you have what it takes to answer the questions and ace the interview.
Notable Tips to Ace a Marriage-Based Green Card Interview
Although the interview does not take up to 1 hour, to many, the interview process can be stressful especially if they don’t know what they need to ace the interview.
As a result, here are some notable tips to help you ace your marriage-based green card interview
- Be at the interview venue on time, at least 30 minutes before scheduled interview
- Dress formally. This gives an impression that you are serious about the interview
- Be calm, cool, and collected. It also helps to have an organized demeanor because the USCIS officials look at the body language and emotions to sport red flags and indicate fraud. Looking nervous, anxious, or flustered will arouse their suspicion.
- Don’t make your answers sound rehearsed. This shows you memorized facts and are giving a kind of robotic-answers. This is a red flag to the officials.
- If you are unsure of an answer or don’t know, say it. The officials are aware that you may not be able to remember every tiny detail about your marriage. It is better to say you don’t know than to tell a lie.
- Don’t be too overly affectionate or uncomfortable. This is an authentic red flag. Therefore, the best thing to do is be yourselves and act normally.
- Ensure you bring every necessary paperwork that will be useful in proving your relationship
- Confide in your attorney
- Enjoy the process
Following these tips is one of the best ways to get ready and also ace the interview.
What Happens If You Get One of the Answers to the Questions Wrong?
If you or your spouse gives different answers to the same question, your marriage will be deemed as fraudulent and your case will most likely be denied.
What Happens After the Marriage Green Card Interview?
If the USCIS officers is able to determine that your marriage is bona-fide, that your immigration case is strong enough, or didn’t declare denial right at the visa interview, one of the following scenarios could occur
- Approval of the green card or immigrant visa application
- Invitation for a second interview
- Sending out the request for evidence
- Notifying you about additional review
However, if the USCIS officials were not convinced with your immigration case or discovered that your marriage may be a fraud, you will probably get a denial right at the interview.
Summary
The marriage-based green card interview is the big last step in the application process. As a result, it must be treated with extreme importance. You can ace your interview by being adequately prepared, getting together all relevant documents to help your case, and knowing the dos and don’ts of the interview.
Marriage Green Card Interview FAQs
- Do you have a good experience with immigrants?
This answer depends on the environment you get into. On a larger scale, you are bound to have a good experience with immigrants.
- Is marrying a US citizen the easiest way to get a green card?
Yes! Obtaining a green card through marriage to a United States citizen or a green card holder is one of the fastest and easiest ways to get a green card or a permanent residency status in the United States.
- What is the best way to pass my green card marriage interview?
There are several things that must be done to pass your marriage green card interview. Some of these include
- You and your spouse refreshing your memories
- Collecting and gathering your documents
- Preparing new evidences
- Dressing appropriately
- Being punctual
- Being honest
- Being yourself
For more information on how to pass your interview, speak to your attorney.
- Does USCIS check your phone records?
USCIS does not check your phone records or text messages before approving the marriage green card application. Due to the fact that they are a service agency, they only have the authority to assign immigration status and check if all paperwork and other information presented is viable and true.
- What questions do they ask in a spousal visa interview?
While there is not a fixed list of questions, you should expect to answer questions you should know about your spouse. These include
- Personal information questions
- Initial meeting questions
- Education and employment status questions
- Immigration questions
These questions are important in determining that you and your spouse have a bona fide marriage
Amarriage-based green card interview is the last step in getting U.S. citizenship for immigrants. After three years of green card marriage with a U.S. citizen or a green card holder, the spouse can submit their application. Green card interviews are led by U.S. Citizenship and Immigration Office, at the local field office, or by the U.S. State Department if one of the spouses is living abroad.
The green card interview is usually maintained three months after getting an appointment letter notice from USCIS. This will give spouses enough time to get well prepared for the interview and prevent them from making common mistakes.
In the beginning, it is highly recommended to consult an immigration attorney before coming to the interview. Early preparation and meeting in person with the attorney can help spouses to give brief and on-point answers.
He can also go through the spouse’s background search, review the evidence, and make some new suggestions on how to act or what to say. Not only that, the immigration officer can prepare spouses for the process and possible questions, but he can also accompany them and help them understand all the essential information and inquiries during the immigration interview.
The officer will make an approval decision about the green card citizenship based on the evaluation of four essential segments at the interview:
1. How spouses communicate with the immigration officer
2. Psychical appearance
3. Required and presented documents
4. Answers to the questions
Communication with immigration officers includes both verbal and non-verbal. USCIS officers can be polite, but sometimes they are intimidating, and their questions can make examinees feel uncomfortable.
Both ways, it is crucial to appear calm and positive and keep that attitude until the very end.
When it comes to physical appearance, it is necessary to get dressed as if it is a court proceeding or an important job interview. Clothing should be clean, business, and moderately conservative, as spouses should look professional. They should avoid the clothes that will lead the immigration officer to question their lifestyle and morals.
All required documents should be brought organized, chronologically arranged, and easily reachable to be reviewed. It is expected to get appointment letter notice and identification documents in the form of a government-issued photo ID.
The immigration officer will also need original documents to compare them with the information stated in the green card application form, so proper original documents with their copies are mandatory. The set of new documents that contain shared photos, jointly utility bills, joint bank accounts statements, etc. are required as evidence of authentic marriage.
During the preparation, the couple should review and memorize the filled application information because the USCIS officer will go through them at the interview.
Answering the immigration officer’s questions is the most important and the most challenging part of the marriage-based green card interview preparation. This preparation requires spouses to recall the most important events and facts of their relationship history and marriage life, such as: how did they meet, their first date, proposing wedding day, and traveling memories.
Questions can also be about daily activities, family information, living space, etc. Addressing these facts and exchanging notes will help the couple to memorize all details that will validate their marriage before the USCIS office during the interview.
It can help rehearse the questioning before coming to the USCIS office, especially if you have hired an immigration attorney for the preparation. The interview aims not to present applicants as a perfect couple, but to show their love and life story as they are.
Hence, it is essential, to be honest, and it is okay if spouses do not know the answer to every single question. It is better to say that straight than to make guessing. It is also allowed to look at the documents to recall some information and ask for the question clarification to understand it before answering.
Although the immigration interview may seem intimidating, spouses should observe it as a final step in their marriage-based green card application process. You and your spouse can unstressful complete this step with dedicated preparation.
Knowing what to expect at the marriage-based green card interview may relieve anxiety, make this procedure more comfortable for spouses to go through, and successfully finish the application process.
When the spouses get to the USCIS local field office where their interview is scheduled, they will generally have to show their photo identification and initial appointment notice. The security procedure is similar to those at the airport, and the couple will have to pass the metal detector.
Once they give the security checking, they will get a number in a waiting area, and lastly, they will be called by an immigration officer to access the interview office. If the couple has an immigration attorney, he or she will also be allowed to enter the interview.
The immigration interview usually lasts around 25 minutes. In the beginning, the couple has to stand to take the oath by raising their right hand and declaring that they will say only the truth and nothing but the truth.
The interview can be held in different ways, so it can be conducted jointly or individually with each spouse, after which answers will be compared. If the couple is interviewed separately, questioning can be done with one spouse at the time, or two different officers can conduct it.
Questioning can also be videotaped. Every immigration officer has its style of questioning, which sometimes can be more or less unpleasant. It is essential to stay calm and not give attitude to it.
The immigration officer will address administrative and authentication questions by reviewing filled documents. He or she will check the necessary information, such as an address, telephone number, etc.
If something significant has changed, it is essential for spouses to inform the officer and to bring additional proof for the current situation. Identification documents will be verified, and it is needed to show original documents so that they can be compared with the filled ones in the application.
After the formalities are done, the immigration officer will start questioning spouses about relationship timeline, marriage life, daily activities, and future plans. It is expected and preferable that the couple provides extra material as evidence and a testimonial of their relationship and marriage life.
They can include photos of important moments during relationship and marriage, with location and description where and when they have been taken. It can also include rental agreements, joint utility bills, joint bank accounts, evidence of everyday personal communication through messages, email, letters, etc. It is essential to understand the immigration interview as the most crucial step to prove that the marriage presented in the application is bona fides, i.e., for real.
If the interview goes well, the green card applicant will get a green card approval immediately. This will be conducted by putting a stamp in the immigrant passport with the validation as a green card for 30 days. You can expect the green card to arrive at the address within the next four weeks. Not all immigrant officers are authorized to approve so that the decision can be made afterward.
At any rate, it is necessary to solve all the problems before it is possible to get a marriage-based green card. These issues may be why the immigration officer scheduled the second interview, which is called the Stokes interview.
In conclusion, with the excellent preparation and profound approach for the immigrant interview, it is possible to enhance the green card applicants’ chances of getting a marriage-based green card.