What to Expect During the Green Card Marriage Interview

A foreign national can become a U.S. citizen by marrying a U.S. citizen, but first the spouse get a fiancee visa. This is different than the green card lottery application since it would be a green card through marriage. Of course there are many advantages to becoming a U.S. citizen and most people must wait many years for a visa number before becoming a citizen. Any person who becomes a citizen through marriage to a U.S. citizen will do so faster than anyone else who wants to become a U.S. citizen. Due to the ease and speed with which aliens become citizens through marriage, many aliens marry for citizenship rather than for love. The United States government is well aware of the temptation to marry for citizenship and does not want aliens to use the system to their advantage in this way and thus they issue conditional green card. There is also the question of dual citizenship. One way the U.S. government can crack down on abuse of the system is to require married couples to attend a personal interview with an immigration official.

A Green Card through Marriage is Conditional

Once an immigrant marries a U.S. citizen, he/she 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 must attend a personal 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.

What Happens During the Marriage Interview?

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.

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

The director of regional services in the area where you live will determine whether a personal interview is necessary or should be waived. Most spouses do attend a personal interview.

Prepare for the Marriage Interview

Many times, an immigration official will separate the two spouses and ask the same questions of each spouse. The questions vary from interview to interview so do not assume your interview questions will be the same as someone else’s. You should be prepared to answer questions about your relationship, how you met, how your spouse proposed and details about your spouse’s life and family. If your marriage is legitimate, and if you truly know the person you married, none of these questions will be difficult or tricky. It is best to make sure you both remember how you met and other details about your relationship which even the closest of spouses might recall differently.

Each year over 450,000 United States citizens marry foreign nationals and petition for them to have permanent residence. We have all heard of people looking for love just to gain citizenship quickly and due to a history of fraud in this particular group of people, the process can be complicated. 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.

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