If you filed a petition for your spouse, you must be prepared for a four-hour marriage fraud interview. Any petition for a spouse or children based on marriage to a US citizen is a candidate for marriage fraud interview. Once an application for adjustment of status based on marriage to a US citizen is submitted, the USCIS will immediately send an investigator to the address given by the applicant to verify that the spouses are living together. If they are not living together they become suspect for marriage fraud. In addition the following may trigger suspicion of fraud:
• Applicants and petitioner have different address.
• Applicant and petitioner are of different race or national origin and do not speak the same language.
• There is a wide gap in age between the applicant and petitioner.
• There is a difference in the cultural and religious background.
• There is a wide disparity in educational level between petitioner and applicant.
• The application missed facts that prove good faith marriage.
• The application contains some inconsistencies.
• The application presents grounds for suspicion.
Question: When do marriage fraud interview usually happen?
Answer: Marriage fraud interview can happen on any of the following situation:
• Interview by USCIS on the first notice for interview.
• Interview by the Consular officer in the home country of the applicant.
• Second notice for interview by USCIS or Consulate Officer.
• Interview by USCIS when applicant applies for removal of condition on residence under Form I-751.
Question: What usually happen during the fraud interview?
Answer: During the fraud interview the USCIS officer will interview the petitioner and applicant separately with identical questions. If the Officer found out that the marriage was not in good faith based on the interview the petition and the adjustment of status will be denied. If denied, the applicant will be referred to the Immigration Court for removal proceedings.
Question: What are the chances that good faith marriage will become a suspect for marriage fraud?
Answer: The USCIS Officer will always think that a marriage is suspect unless proven otherwise. Even good faith marriage underwent marriage fraud interview for some reasons. It is always advisable to consult with an immigration attorney who can analyze your situation and prepare you for the interview of a lifetime.
Note: This is not a legal advice.
Immigration news
• On March 1, 2011, we received an approval of adjustment of status by an Immigration Judge for an alien who was originally denied adjustment of status based on petition by employer.
• On January 25, 2011, we received an approval of a self-petition by a battered spouse. Her entry with a different name was forgiven.
On December 23, 2010, we received an approval from the Immigration Court for a waiver of misrepresentation for an alien who entered as single but actually married.
• On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
• Abused spouse of US citizen or permanent residents can self petition even if there is a problem with the entry documents such as C or D visa or entry without inspection or assumed name.
• Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened.
Bankruptcy news
• Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.
• Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days before, you can still file for bankruptcy.
• If your salary is being garnished, you have a court case about debts or you are being harassed by creditors, bankruptcy can stop garnishment, court cases, harassing creditors and eliminate the debt.
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Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.
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