What happens if you have a bad green card through marriage interview?
An experienced immigration attorney will know if a marriage green card interview goes poorly. This can happen for a number of reasons. The couple may have a bad interview (one that does not really reflect the reality of their relationship); the couple gets into a fight on the way over to the interview and their body language does not show that they love each other; they don’t understand the questions; they try to guess at questions etc.
Ultimately, in a bad interview, the immigration officer ultimately is not convinced that the relationship is real.
If the green card through marriage interview does not go well then USCIS will likely schedule a much more invasive second interview. This second interview is known as a “fraud interview” or a “Stokes interview”.
At the fraud interview you and your spouse will be separated and asked much more intimate questions about your relationship. You will also likely be asked to draw different rooms in your home.
Your answers and drawings will be compared and the officer will be able to better determine if your marriage is legitimate.
You should definitely have an an attorney present with you for this interview. If the interview does not go well you will likely be referred to immigration court for removal (deportation).
This type of interview takes much longer that the green card though marriage interview. The attorney will take notes through the whole process. He or she will write down each and every question that is asked and write each spouse’s response to the questions. The attorney can double check the interviewer to make sure everything said is in fact accurate.
The fraud interview should take between 2 and 4 hours to complete. However, I have had an interview that went for 6 hours. The officer was about 2 hours late for the interview and we were there for about 6 hours total.
At the end of the interview the interviewer was still not satisfied. The officer scheduled a 3rd interview with another USCIS officer. This interview “only” lasted 2 hours but in the end the officer was convinced that the relationship was real.
If you are considering filing a marriage green card case you may call or email us. We would be happy to talk to you, free of charge, about your immigration case.
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