Generally, if successful:
You will be approved for either
(i) permanent residence or
(ii) conditional residence -if you have been married for less than 2 years or entered the U.S. on a fiance visa.
Helpful tips for a successful interview:
The U.S. sponsoring spouse
- should carry photo identification such as driver’s license or passport and proof of legal status such as a birth certificate, naturalization certificate, passport, permanent resident.
- If you have common children, USCIS is much less likely to question whether your marriage is bona fide.
You may be asked general questions about your married life ( e.g. where you met, when and why you decided to get married, etc. Back up your answers with documents that illustrate bona fide marriage, such as rental agreements, joint utility bills etc. )
Fraud suspected?
If the officer suspects that your marriage is fraudulent, you will be meeting the fraud unit instead.
Possible fraud red flags
Sometimes, suspicion arises because of people’s personal characteristics or lifestyle and may have to go through fraud interview:
- not sharing a common language
- having large differences in age, class, cultural, religion educational background or
- not living at the same address
An officer will interview you and your spouse separately and intensively. The officer will compare
the results of your two interviews.
Marital issues
If you have serious marriage problems, you can mention them and the detailed steps you are taking
to deal with them ( eg marriage counseling ). In some cases, this action can be a strong evidence of a real, bona fide marriage. If the officer is not satisfied with that, you should request that your interview be rescheduled and reappear with an attorney.
If you have received a court ordered legal separation or filed for divorce, your green card will most
likely be rejected.
Exception: If your U.S. spouse is abusive (physical or emotional cruelty), you may be
able to file a self-petition on Form I-360 even if you are divorced. You must file I-360
before the final divorce, or within 2 years of the final decree if you can prove that the divorce
was connected to the abuse. You don’t need your U.S. spouse’s help or signature or any support any more
in such cases.
