Preparing for Your Marriage-Based USCIS Interview
Preparing for Your Marriage-Based USCIS Interview in Houston, Texas
When preparing for a marriage-based permanent residence interview a few weeks ago, a client told me about these YouTube videos she had been watching about the interview process.
She begins showing me this cheesy video with a man portraying a USCIS officer in dark glasses intimidating the actor-applicants by accusing them of a fraudulent marriage from the moment they sat down.
My client and I had prepared for the permanent resident interview twice. She and her spouse obviously had a genuine marriage. They traveled together frequently. Both sides of the family spent holidays together. They shared personal and business accounts. They had nothing to worry about, but she was still very nervous.
HOW DID I NOT KNOW ABOUT THESE VIDEOS?
I learned then that it was important to discuss openly and frequently with clients and the general public about what really happens at the permanent resident interview.
Spoiler Alert: My client's permanent resident application was approved on the spot! :)
What is the Most Important Part of My Green Card Application?
Review Your Application
In my opinion the most important part of the permanent residence process is you-- the client, must actually review your application.
When you hire an attorney, you are hiring the lawyer for their legal advice and overall understanding of the legal process; however, it is important that you review each and every line of the application for accuracy.
If any information is incorrect in the application, it could have adverse consequences that the USCIS officer will hold against you—not your lawyer.
2. Update Your Application Before the Interview
The Houston Field Office is currently taking between 1 to 2 years to schedule a permanent residence interview. So many things occur within 1 to 2 years like:
A child is born to or adopted by the couple;
Additional proof of marriage is established like joint bank accounts, joint Federal Tax Returns, life insurance policies, etc.;
The spouses move;
Either spouse changes jobs;
And more.
Before the permanent resident interview it is important to update your application and obtain proof of these changes. You will be given an opportunity to update your application at the interview.
3. Continue to Gather Proof of a Bona Fide Marriage
USCIS requires that you show that your marriage to a U.S. Citizen is bona fide and genuine. As earlier stated, it can take years to get a green card interview.
After you file the permanent resident application it is important that you continue to gather proof of marriage from the date of filing until the date of the interview.
Bring copies of whatever proof you want to provide the USCIS officer. Generally, the USCIS officer does not have time to make copies for you.
What is Proof of a Bona Fide Marriage in the United States
Every marriage is different, so there is not a uniform list for proof of a bona fide marriage.
At the Holland Law Firm, PLLC, we discuss each client's specific circumstances and are able to provide a custom list of evidence needed to prove a bona fide marriage.
It is important to provide proof that you all married for love and not to evade any immigration laws or “just to get a green card”.
Some examples of bona fide marriage include:
Joint Federal Tax Returns
Joint Bank Statements
Joint Credit Card Statements
Birth Certificates for Children of the Marriage
Joint Lease Agreements or Mortgage Statements
Life Insurance Policy
Rental Agreement or Home Insurances
and More.
This list is non-exhaustive. It is recommended to discuss your specific situation with an experienced lawyer, who can provide a custom, detailed list for you.
What to Expect at a Green Card Interview at the USCIS Houston Field Office
The Houston Field Office will Send You a Interview Notice via Mail
The Houston Field Office will send you an interview notice via mail. In pre-COVID19 times we would usually get between 3-4 weeks advance notice of the interview. Currently, the advanced notice period has been a little shorter. We expect this to change as USCIS modifies its COVID19 procedures.
Read your notice thoroughly. This notice will tell you when to arrive for your interview, the documents to bring, and the individuals allowed in the building.
2. You are Under Oath During the USCIS Interview
Before the USCIS officer starts the interview, he or she will place you under oath. This is important!
This means that you are swearing by penalty of perjury that you will tell the truth. The USCIS officer will also take note of all of your responses. These notes will be used when making a decision and in future interviews.
3. USCIS Officer will Ask for Additional Proof of a Bona Fide Marriage
Remember, when I told you to continue to gather proof of your marriage. The officer will expect you to bring proof of your marriage from the time you filed the application until the date of the interview.
The USCIS officer will not tell you how much evidence to provide. He expects you to do the hard work and obtain as much evidence of a genuine marriage as you can.
4. The USCIS will Review Your Application with You
The USCIS officer will ask you a series of questions. Most of these questions are actually based on your I-485, Application to Register Permanent Residence or Adjust Status. The USCIS officer expects for you to be familiar with all of the information in that application.
Initially, the questions are about your background:
What is your full and complete name?
What is your marital status?
How many times have you been married?
What is your current address?
When did you and your spouse move in together?
Each officer has their own style or method. Some officers will go in the order of the application. Others will skip around. Either way, you should know your application like the back of your hand.
Questions about Your Marriage During the Permanent Resident Interview in Texas
I have represented clients in hundreds of USCIS interviews over the years. The number one concern for clients is “How should I answer the questions?”.
I have come up with an acronym TALK!
T- Tell the TRUTH.
The MOST important thing about questions during a USCIS interview is TELL THE TRUTH
You are under oath. It is important that you tell the truth during these interviews. It is also important to note that USCIS can initiate an investigation into the marriage without you knowing. It is highly probable that the lies will come out.
A- ANSWER the Questions Directly
The USCIS officer conducts several of these interviews each day. Just like you, they would like to get this interview done as quickly as possible. So it is important to answer the questions the officer asks you directly.
For example, if asked “How many times have you been married?”.
A suitable answer is “I have been married two times, including this one.”
There is no need to explain why you were divorced in the past or how much you currently talk to your ex-spouse.
If the officer wants to know any additional information, they will ask.
L- LET your Partner Talk Too
Do not talk over your spouse. The officer will typically directly the questions to the individual he/she wants to talk or answer the question.
Talking over your spouse may give the officer the indication that you are talking FOR the spouse or your spouse does not know the answer to pertinent questions like your date of birth, the date of marriage, your place of employment, etc.
K- KEEP the Answers Consistent
The USCIS officer is looking for consistent answers not perfect answers. For example, if the officer asks, “Where did your spouse propose?”
You say: “Red Lobster” and your spouse says “This restaurant by the mall. I had the ring in my pocket for days and just blurted it out.”
Those answers are consistent.
Now, if you say “My spouse proposed to me at the grocery store” and your spouse says “I never proposed. We just decided to go to the Justice of the Peace one day when I found out about her immigration status.”.
Your interview may not be tanked at that point, but the USCIS officer will definitively probe more.
Immigration Attorney for Green Card Marriages in Houston
The Holland Law Firm, PLLC is an immigration law firm based in Houston, Texas. We represent clients in permanent resident interviews throughout the United States, including Houston, Dallas, San Antonio, Atlanta, and more.
Contact our office at (832) 328-7877 or visit www.hollandimmigrationlaw.com with any questions regarding your green card process or any other immigration matters, including citizenship, DACA, asylum, and more.
