GUIDE THROUGH THE UNITED STATES’ MARRIAGE-BASED GREEN CARD INTERVIEW PROCESS

We are really happy for you and your partner on tying the knot, and also for all the steps you have taken to become a permanent resident and secure an immigrant visa! Getting through the marriage-based green card interview is the final hurdle in the process of getting a green card through marriage. we have curated the guide through the United States marriage based green card interview process for you.

Now that you are at the end of the line, it is time to get ready for the marriage-based green card interview with US Citizenship and Immigration Services (USCIS) officers. You want to make sure you don’t mess up like a lot of people do.

Maintaining a long-distance relationship can be tough, especially when one of you is an immigrant. To live, work, and study in the US, the immigrant partner can apply for a green card based on marriage. The marriage-based green card interview is a key part of this journey, where officials check if the marriage is real and go over all the paperwork and forms you have submitted.

The main goal of this marriage-based green card interview is to make sure the marriage isn’t just a setup to avoid US immigration rules and get immigration benefits.

The marriage-based green card interview is super important in the immigration process and can be pretty stressful. The USCIS officer will ask a bunch of questions to make sure the marriage is real and to see how strong your relationship is.

What is a marriage-based green card?

If you are married to a US citizen, your spouse can get a green card right away for a close family member. This green card also called a marriage-based green card, is given extra priority in the immigration process.

With this green card, your spouse gets to live, work, and study in the US legally forever. It also lets them:

• Travel in and out of the US (as long as each trip is less than a year);
• Get a driver’s license and
• Sign up for social security.

This marriage-based green card is important for your spouse to have at all times and lasts for ten years. But, it can’t be renewed after the ten years are up unless your spouse does it at least six months before it expires.

Overview of the marriage-based green card interview

The marriage-based green card interview is the final and most important step in getting a green card through marriage. This interview can take place at a US consulate in another country, where the spouse who is a citizen doesn’t have to be there, or at the US Citizenship and Immigration Services (USCIS) office, where the married couple has to be there together.

Before you can even think about getting a green card, you need to have already applied for the conditional resident spouse (CR-1) visa or the permanent immediate relative spouse (IR-1) visa to come to the US. After you have passed the spouse visa interview and got your immigrant visa, you are ready to apply for a green card.

To become a permanent resident in the US, you have to fill out form I-130 (Petition for Alien Relative) and nail the marriage-based green card interview questions about your spouse. The marriage-based green card interviews usually happen 3 to 4 months after you have submitted your petition to USCIS.

Why is the marriage-based green card interview important?

The government sees the marriage-based green card interview as a chance to check if what you put in your application is true after you have promised to be honest. It also lets the government probe to see if your marriage is real or just a fake one.

The marriage-based green card interview can happen in various ways. The immigration officer might chat with the couple together or alone and even record the conversation while they answer questions. Even if the marriage is legit, the marriage-based green card interview can be really nerve-wracking. No one enjoys sharing their personal stuff with the government.

If you are looking to get a green card through marriage, you need to go through a marriage-based green card interview. This is so immigration officials can make sure the marriage is legit and the couple plans to live together.

The main goal of this marriage-based green card interview is to make sure the couple is actually married, the marriage is legal and real, and the reason for getting married isn’t just to get a green card. Your local USCIS office will do the marriage-based green card interview. If one of the partners doesn’t show up, your application might get rejected. But, if you end up separating or getting divorced, you can ask for a waiver that lets you skip your partner from the whole process. Talk to an immigration lawyer to learn more about why you might need this waiver.

What to expect in a marriage-based green card interview

Whether you are being interviewed in the US or somewhere else, a USCIS officer will be checking out your marriage to see if it is real. They will also make sure you are eligible for a green card.

The USCIS officer will want to know about your relationship’s past, what you do every day together, and what you plan for the future. You will need to bring some documents or proof to back up your marriage.

It is pretty normal for the USCIS to interview couples one at a time, so you and your partner should get ready. In this situation, an officer or officers from the USCIS’ Fraud Detection and National Security (FDNS) team will talk to you and your spouse in separate rooms. After the talk, they will compare your answers to see if anything doesn’t add up. If they are not convinced by your first marriage-based green card interview, they might ask you to come back for another one – this is called a Stokes interview.

To show that your marriage is legit during your marriage-based green card interview, make sure to bring these documents:

• Marriage certificate.
• Passport.
• Bank statements.
• Rent or mortgage receipts.
• Proof of your spouse’s citizenship.
• Photos of you and your spouse together.
• Utility bills, joint bank and credit card statements.

Useful tips

• Talk about your past:

  Chat with your partner about how you met and any other little things you remember about your relationship.

• Gather all the needed papers:

  Make sure you have the real copies of all the stuff you put in your green card application (like birth certificates, passport-style photos, Form I-130, Affidavit of Support, proof of your relationship, joint bank accounts, etc.).

• If you have found any new proof for your visa, get it ready:

  Get all the extra documents you found or forgot to include with your visa application. You will get a chance to show them at the marriage-based green card interview.

• Organize your papers:

  Make sure your documents are tidy in order, and include your photos.

• Dress up:

  When you go to the US government’s building, wear nice, professional clothes.

• Be honest:

  You don’t have to pretend, be real—don’t shy away from talking about your tough times.

• Arrive early:

  Get to the marriage-based green card interview a bit earlier than you think you need to, at least 30 minutes. You will have to go through some security checks like metal detectors to get into a US government building.

• Speak up:

  You might be asked some really personal questions. If something makes you uncomfortable, politely let them know. You can also choose not to answer.

• Practice with your partner:

  You two can run through the marriage-based green card interview. This will help you remember things you might have forgotten and get you in the right headspace. Stress can make even the most stable couples forget some basic stuff. So, practice!

• Relax and have fun:

  This shouldn’t be a nerve-wracking experience, even though a lot of people think it is. Be yourself, chill out, and the person interviewing you will probably like the real you.

The next step after the marriage-based green card interview

Here are some things that could happen after your marriage-based green card interview:

• You get the good news – the person in charge will let you know in a personal message that your case has been approved.

• More info needed – If they need more proof of your relationship, they will send you an RFE (Request for Evidence) asking for extra stuff like more bills or bank statements to check if everything’s legit.

• More digging – They will tell you your case needs more checking and you will probably get some more instructions in the mail.

• Stokes interview – You might have to go back for a second chat to talk more about your relationship or background.

• No way – If there are problems that could make you not eligible for a green card, like not having enough documents, issues with your background check or past immigration problems, it is more likely they will give you a chance to fix these before deciding.

The Stokes interview

If you keep getting called back for a Stokes interview because you keep contradicting yourself, stuttering, or can’t answer questions well, you might end up being interviewed separately with your spouse. After your interviews, the officer will address the both of you to talk about any mismatches in your stories.

The reasons you might be invited for the Stokes Interview

Right from the start, you will find out why you are being called back. Here are a few reasons you might get called back:

• You and your spouse speak different languages.
• The officer still thinks your marriage might not be real.
• The documents you sent don’t match up with what you have told them.
• There is a big age gap.
• You and your spouse come from different cultures, religions, or lifestyles.

The things that happens in Stokes Interview

If you and your spouse need to go to another appointment, it is a good idea to check questions like:

• What kind of cars do you drive?
• Who sleeps on which side of the bed?
• Who handles the money?
• What do you both usually eat for breakfast?
• What is your spouse’s favorite food?
• What cell phone company does your spouse use?
• What kind of entertainment do you both like?

If you are struggling with your Stokes interview, don’t hesitate to reach out to an immigration lawyer for help.

Get help!

Going through a marriage-based green card interview about your relationship can be super stressful, especially if you really want to stay with your partner in the US.

But, the key thing is to make sure you and your partner are ready for the interview. We suggest reaching out to our immigration lawyers at Gehi and Associates because they are pros at dealing with marriage-based green card petitions and interviews. This can help you avoid long waits and the chance of your green card being denied.

Our lawyers will give you tailored tips on what to steer clear of and how to answer the marriage-based green card interview questions with confidence.