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Marriage- Based Green Card Interview At a Glance

October 17, 2018 by magedandrost Leave a Comment

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Basic Tips for a Marriage-Based Green Card Interview [1]

 The USCIS marriage based green card interview is, probably, the most dreaded portion of the green card through marriage process … but it doesn’t have to be!  With thorough understanding of the process and effective preparation the USCIS AOS interview is yet another routine immigration process.

The adjustment of status process has to go through a few stages before its culmination – a USCIS adjudication interview.    By that time, you should be very familiar with not only the paperwork that has been submitted by you or your attorney (if you are represented by counsel) but also with the logistics of the interview that most attorneys explain to their clients.  Frequently, immigration attorneys meet with their clients in advance in order to thoroughly prepare them for the experience of the interview.

Once you are in the interview, the officer will confirm your identity using your original birth certificate, passport, EAD and any state/federal IDs you may have.  After confirming your identity, the officer will ask you questions verifying information on the forms you submitted

 One of the key eligibility for US permanent residence (green card) through marriage is a good faith nature of your relationship.    In other words, you can marry for love and immigration but you cannot marry for immigration.  In fact, sham, fictitious  marriages are  federal crime that carry significant punishment, and those who think that they are just “helping” their friends, should think twice as both parties will be committing the crime and will be severely punished.

 Therefore, the  officer will inquire about your relationship, to understand the good faith (or bona fide) nature of it.  The interviews are very personalized and vary greatly between officers -but the bottom line is the same: they will  one way or another ascertain the true nature of your marriage.   The bottom line is that you have nothing to fear if your marriage is real – all you need to do is to answer truthfully and help the officer understand your life together. 

 It is important to know that you may be separated from your spouse for part of the interview.  In the Boston District Office, for example, couples are routinely  separated.  The officer will call one spouse in to their office to talk, and the other spouse will join them later.  If you are represented by counsel, she or he will be in the interview for the entire time.  The officer will ask similar questions of each spouse and will be looking for notable inconsistencies in your answers.   The truth is paramount, and if the officers sense that you’re lying, even about something small, it will put your credibility as risk.  It is much better to admit that you don’t remember your spouse’s cell phone number than to make up a story about why you don’t remember it and lose the officer’s trust. 

 Overall, the green card through marriage process – just like any immigration process- have to be carefully planned and navigated through.    The cherry on the cake – adjustment interview – is a logical conclusion to this process that has to be taken with considerable amount of attention and care.     Feel free to contact our Boston-based immigration law firm if you need help with navigating through it. 

 

[1] This material is for general information only and is not intended to be used as legal advice.  Please consult a qualified immigration attorney with questions regarding your particular case

Filed Under: family-based immigration, green card through marriage, uscis policy

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