Many people have the misconception that simply marrying a United
States citizen results in an automatic approval for residence. This
is not true. Immigration puts the husband and wife through a
rigorous marriage inspection process. At a minimum the marriage
inspection process will involve an interview of the husband and wife
in front of an immigration officer who is specially trained to spot
fraudulent marriages, that is marriages entered into with the sole
purpose of obtaining a resident card. People in a fraudulent
marriage situation usually do not live together. In some cases
individuals may live under the same roof as separate roommates, but
not as true husband and wife. The marriage certificate by itself
does not mean that the marriage is a good marriage for immigration
purposes. It is the job of the husband and wife to prove to a
skeptical and suspicious immigration officer that the marriage is a
good faith marriage, according to the requirements of the immigration
law. Now, only a trained immigration attorney knows what the
requirements of the immigration law are.
When an immigration officer develops suspicions about true
nature of a marriage, he will often conduct a "separation
interview." A separation interview is an intense interrogation of
both the husband and the wife, conducted by separating each spouse and
asking them the same questions. Usually the officer will spend
about 45 minutes to an hour questioning each spouse separately.
Sometimes the questioning can last much longer.
Whether the interview is conducted with both spouses in
the same room or in a separation interview setting, the questions
regarding the marriage will generally will concern the beginnings of
your relationship, the circumstances surrounding your weddings, and
you everyday living arrangements and experiences together. I have
attended many marriage interviews, and here are some of the questions
I have heard asked again and again. This is by no means is a
complete list of every question you may encounter. It is just a
sample:
Describe in detail the circumstances under which the two of you first
met.
What did you and where did you go on your first date?
Who purchase the engagement/wedding rings?
Describe the day of you marriage from morning until the evening in
detail.
What did you have for dinner the night before this interview?
Does your spouse have any scars or tattoos (describe them)?
What form of birth control does your spouse use, if any?
How many ceiling fans, if any, are there in your home?
What side of the bed do you sleep on?
How much is rent/mortgage payment each month?
How did you get to this interview today (make, model and color of the
car)?
This is just a brief sampling of the kinds of questions that could be
asked at an interview. There are literally hundreds more.
In addition to answering questions about your marriage, you are
required to provide immigration with documentation proving that the
marriage is a good-faith marriage (that the two of you live together
as husband and wife). These documents can include the following:
birth certificates of any children born of the relationship, wedding
photographs, wedding invitations, photographs of your daily lives
together, joint tax returns, joint bank account statements, leases or
deeds to property with both spouses' names, driver's licenses
reflecting the same address, health and automobile insurance
statements reflecting both spouses' names. This is only a sample of
documentation which may be provided.
A common request of the immigration examiner is for both spouses to
show him the keys to their home. The officer will then compare the
keys to see if they match.
Be aware that the interview can be videotaped by immigration.
In this post - 9/11 world, U.S. Immigration not only thoroughly checks
out the criminal background of the residency applicant, immigration
also investigates the background of the U.S. citizen or resident
petitioner. Immigration has been known at times to even arrest the
petitioner and/or the applicant at the residency interview.
Sometimes the applicant will have an old deportation order that the
applicant is not aware of. Usually these are deportation orders that
occurred when the person failed to appear for an immigration court
hearing. In many cases the person never even knew about the
deportation hearing or the order of deportation entered against him.
It very important to check out your immigration background before you
file for residency or else you can put yourself into a situation that
you may not be able to get yourself out of and will certainly regret.
I have been successful in overturning these types of deportation
orders, but that is the subject of a future article.
Immigration can even go to your home at any time of the day or night
to conduct a "field investigation" in order to see if you really live
together with your spouse.
It is likely that your application for residence is a once-in-a-
lifetime chance for you. You do not want it to fail, because
failure may very well mean deportation for your and your family. The
residence application process is treacherous, like sailing across a
dark and dangerous sea; you need an experienced navigator to guide
you. In my experience it is a grave mistake to apply for residency
without the aid of an experienced and confident immigration
attorney.
I prepare my clients thoroughly for every aspect of the residency
process, including the marriage interview. I also attend the
marriage interview with my clients. Many lawyers do not attend the
interview, and unfortunately many of the lawyers who do attend just
sit at these interviews like statues.
Many people with good marriages who have not prepared their residency
cases properly end up with their cases denied. You should know that
the U.S. citizen or resident spouse has the right to appeal a denial
of the residency petition. Many people whose cases are denied are
ultimately placed in immigration court deportation proceedings.
The moral of the story is: when you fly in a plane, make
sure there's a trained pilot, when you sail in a ship make sure
there's an experienced captain, and when you ask the Department of
Homeland Security for residency make sure there's a competent
immigration lawyer on your side.
This article does not constitute legal advice and does not substitute
for the advice of an immigration lawyer familiar with the facts of
your individual case.If you have a question, please contact Attorney
Cohen for a consultation: http://mjcohenlaw.googlepages.com. This
article was co-written by Attorneys Mitchell Cohen and Kenneth Panzer,
who have separate law practices.(c) 2008 by Mitchell J. Cohen/Kenneth
Panzer. All Rights Reserved. |
540275. What to Expect at the USCIS Marriage Interview
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