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.
How long does the fiance visa process take in 2020? There are several factors that influence how long a given fiance visa case will take. These include overall case filings, which country your fiance resides in, and whether the case has been prepared properly. For many years, for most people, the total time it would […]
The Center For American Progress recently had an article titled: “A Demographic Profile of DACA Recipients on the Frontlines of the Coronavirus Response”. The article states that there are over 200,000 DACA recipients who are on the front line helping America in the battle against Covid-19. These workers include medical doctors, nurses, teachers, and workers […]
Beginning on February 24, 2020 if a person was filing for a marriage based green card in the United States he or she would need to file form I-944 as part of their adjustment of status packet. (There are limited exceptions available but the vast majority of these cases now include this Form and the […]
In 2019 fiance visa cases are taking about 10 months to complete. This is the time period needed to go through all 3 stages of the fiance visa process. We have had cases that have gone through all 3 stages in less than 10 months this year but those are outliers. At the end of […]
Fiance Visa Form The Fiance Visa form is the I-129 f. The current version of the fiance visa form is 13 pages long . It has a whopping 14 pages of instructions. If you are trying to handle the fiance visa process yourself please confirm that you are using the most recent version of the […]