Asian Journal- The Filipino-American Community Newspaper

Question: How does USCISdetermines if the applicant for green card based on marriage to a UScitizen will be subjected to marriage fraud interview?

Answer: The current trend for USCIS is to conduct a marriage fraud interview for couples who are married in less than two years. If your marriage is less than two years you can expect a marriage fraud interview. Since there are few people applying for green card nowadays the USCIS has more time and personnel to conduct a four hour long marriage fraud interview.

Answer: 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. 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 back ground.
• 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.

Answer: 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 the petition and the adjustment of status will be denied and the applicant will be referred to the Immigration Court for removal proceedings.

Answer: The USCIS Officer will always think that a marriage is suspect unless proven otherwise. 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.