The USCIS Immigrant Marriage Interview

After marrying a U.S. citizen, an immigrant can apply for lawful permanent resident status (a green card).  The permanent resident status given to the immigrant spouse is conditional status.  The conditional status is good for two years and before the two year anniversary of the green card, the couple can file a marriage form to petition for conditions to be removed.  After filing the petition, they must attend a marriage interview and provide evidence that the marriage is valid.  Once the immigration officials determine the marriage is valid (or was valid in the case of death or divorce before the two year anniversary), the green card is re-issued as a permanent legal status without conditions and without an expiration date.

Petition to Remove Conditions

Once the couple is actually married, both spouses petition for an adjustment of status to that of a Permanent Resident for the non-citizen.  90 days before the expiration of your permanent resident card, you should apply to have the conditions removed.  An immigration official will set the interview date if an interview is necessary. When an immigrant receives permanent residence status based on marriage to a U.S. citizen, that immigrant’s permanent resident status is conditional for two years.  Once the two years have passed, the immigrant may file Form I-751 to petition to have the conditional status removed.  Form I-751 is the Petition to Remove Conditions on Residence.

Marriage Interview Evidence

The marriage interview gives the immigration official an opportunity to see you interact with your spouse and to judge the credibility of your marriage.  You and your spouse will have to present evidence showing you have lived together for two years.  (If you are divorced, were abused by your spouse, or if your spouse died before your two year anniversary, you can apply for a waiver of the spouse’s petition anytime before.  The waiver is granted on a case by case basis and is not guaranteed.)

The following documents will help you prove you and your spouse were living together for two years:

• Shared financial/banking statements
• Shared credit card statements
• Shared contracts for an apartment or a house
• Shared insurance policies
• Sworn statements from people who know you both and who can swear you were together as a married couple for two years

Getting Legal Help

Each year over 450,000 United States citizens marry foreign nationals and petition for them to have permanent residence. Historically, fraud has been more common among marriage green card applicants as compared to others, perhaps because it is difficult to prove whether a person is marrying for love or for immigrant status. The process is more scrutinized due to this history. Consulting an immigration attorney before attending your interview will help you and your spouse prepare for possible interview questions and avoid denial of removal conditions on your green card.