At least once a month a client will come to my office seeking representation because their marriage interview with USCIS went very badly. Usually they tell me that they didn’t think they needed an attorney. This is because a common misconception among immigrants is that the marriage interview conducted by USCIS is no big deal. Nothing could be further from the truth. Failure to properly prepare for this interview could amount to an immigration death sentence.
Due to the large number of fraudulent marriages entered into to gain immigration benefits, USCIS basically takes the attitude that your marriage is fake, until you prove it’s real. Therefore, to avoid any problems, it pays to be prepared and organized.
Remember, the purpose of the interview is to determine if you have a bona fide marriage. It is your burden to show USCIS that the marriage was entered into in good faith. Many people with legitimate marriages are denied residency because they did not know what to expect at the interview. A denial of your residency can quickly lead to a deportation hearing before a U.S. Immigration Judge.
First and foremost, be prepared to show USCIS that you and your spouse live together. One of the first documents you will need to present to USCIS is identification. If you have driver’s licenses, make sure that the addresses match. Don’t start out on the wrong foot by having to explain why the licenses show different addresses. Furthermore, have all your original documents ready, i.e., passports, I-94, marriage certificate, birth certificates, etc. Plus make sure you have copies for the Immigration Officer. This saves time and it makes them happy. If your English is poor, bring an interpreter.
Bring evidence that you have commingled assets, such as, joint tax returns, checking/savings accounts, insurance policies (health/life/auto) leases, deeds. Organize your photo album. It’s important to show pictures of you and your spouse interacting with other family members. Try to arrange it in chronological order. Also, it helps if you know the people in the photos.
A very important tip is to bring evidence that you and your spouse had a relationship before the marriage. All too often people can only show evidence of the relationship after marriage. This can be a red flag for USCIS.
Remember, the more “bona fides” you provide, the fewer questions they ask.
Finally, you will be asked questions, and in some cases they will separate the two of you and ask lots of questions. These questions will range anywhere from how and where you first met to what type of birth control you practice. One wrong answer can be lethal. Again, you must be prepared.
Before I take a client to a marriage interview, I spend a great deal of time preparing them for the questions that they will face. It helps to know what is going to happen before it happens. Therefore, my advice is that you should first consult with a qualified immigration lawyer before going into the interview.
Kevin Bluitt, Attorney at Law
Kevin Bluitt is a licensed attorney in Florida concentrating in the area of U.S.Immigration Law. If you have a question or would like to speak with Mr. Bluitt, Please email him at filipinoimmigrationattorney@gmail.com or contact him at begin_of_the_skype_highlighting 305-354-9173 end_of_the_skype_highlighting.305-354-9173
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