Top 10 Tips for a Marriage-Based Interview

This week we welcome an immigration entry from the Immigration Advisor (twitter.com/visaadvisor) to help shed some light on preparing for and surviving the often stressful marriage-based interview process. Foreign nationals who have married a US citizen and are seeking to obtain a green-card will invariably have to face the marriage-based interview as part of the petition process. This week's Top 10 Tips should give you a great overview.

1. Prepare

This is one of the most important events in your life, so make sure you arrive at the appointment prepared. This means review the appointment letter that USCIS had sent you to make sure that you are carrying with you every document they want to see. There is no need to practice answering potential questions; if the marriage is legitimate, the responses to an Officer's questions should flow easily.

2. Be Honest

The USCIS Officer may be more concerned with your honesty than with you or your spouses recent job loss or small criminal conviction. Be honest with the Officer and answer each question truthfully.

3. Bring an original and a copy for every document requested

The Officer will usually need to keep copies of certain documents for the alien file. Therefore, if they are looking for evidence of marriage, for example, bring original wedding photos as well as copies that the Officer can retain. Even if it is an item that was originally submitted with the application (like a marriage certificate), it is still recommended that you bring both the original and a copy.

4. Provide Advanced Notice if you cannot attend

You should take every measure possible to ensure that you are able to attend the scheduled interview. However, if there is something that is absolutely preventing you from attending the interview at the scheduled time, please make sure that you provide notice to USCIS by sending a letter explaining the situation and requesting a new appointment. If you do not provide advanced notice, USCIS will consider the case abandoned and may begin removal proceedings against the alien spouse.

5. Be on Time

In fact, you should arrive early. If things are moving quickly, you can often be called prior to your appointment time. Either way, make sure you are not late. It probably will not affect the outcome of your case, but it may irritate the Officer and may force you to wait until a new appointment becomes available.

6. Be Respectful and Courteous to the Officer

This one Officer holds you and your spouses fate in their hands. Be polite and respectful and act as if you were dealing with a police officer. Expect that the Officer will ask some personal questions such as how and where you both met and why you decided to get married. If, however, the Officer crosses the line and asks questions that are more intimate, you should politely explain to the Officer that the question makes you feel uncomfortable and see if they can ask a different question

7. Answer each question; do not provide additional information, unless requested

This is very simple. You do not want to get yourself into trouble by providing too much information, especially if some of that information is damaging. If you just answer each question honestly and to the point, you should not have any problems.

8. Know Your Dates

You will want to make sure ahead of time that you know the date you and your spouse first met (or an approximation) and you should know when you got married. This may sound simple, but plenty of people still seem to forget! 

9. Respect the Decision

In most cases, an Officer will approve a case upon the conclusion of the interview and your green card will be sent to you by mail. Often times, however, the Officer will keep the case opened and ask that you provide them with additional evidence. If this happens, make sure that you obtain this new documentation as quickly as possible. If the Officer denies your case, do not argue; there are avenues of appeal that can be pursued. 

10. Seek Legal Representation if Necessary

If your case is complex (i.e. criminal or immigration violations, previous marriage petitions, inability to provide financial support, etc.), it may be best to seek out the representation of an immigration attorney. You may or may not need representation present at the interview, but you should at least speak with an attorney prior to the interview.

For iPhone users seeking general immigration information, check out the new Immigration Advisor App.

Comments

[Caprice N. Manos]

As far as evidence goes, Q. what if you have to be the investigator and are simultaneously the victim? A. Keep the clothes inside of a brown paper bag, sealed as per the "chain of custody" techniques require. I certainly have mine! The evidence there with the dna of blood etc. can be used, can't it?