Most marriage-based green card interviews before USCIS are conducted with both the husband and the wife in the interview room at the same time. It is, however, possible for the parties to be separated. The purpose of separating the spouses is to allow the officer to determine whether the immigrant and his or her spouse have a valid marriage or whether the marriage is one of convenience for the sole purpose of obtaining the green card. If the parties are separated, they will each be asked the same questions. The officer does not know the answers to the questions.
When the officer compares the answers from both parties, the answers are expected to match for individuals who have a “real” or “bona fide” marriage. If the answers do not match, the officer will likely believe that the parties are committing immigration fraud. Our family immigration lawyers help clients prepare for green card spouse interviews and guide them through separate questioning by USCIS.
Common Questions in a Separated Spouse Interview
Examples of the types of questions that are likely to be asked are:
- The engagement (when was the proposal, who proposed, where it happened, etc.)
- Details about your residence
- The wedding (who attended, ceremony details, post-wedding activities, honeymoon, etc.)
- How do you celebrate various holidays
- Any tattoos or other identifying marks on the immigrant or his or her spouse
- Details about your last few days before the interview
If the officer is satisfied that the answers from both parties are sufficiently similar to be true, the officer is likely to recommend the case for approval. If the office is dissatisfied at the end of the separate interview, the officer will likely issue a Notice of Intent to Deny. In the Notice of Intent to Deny, the officer will identify the areas of concern and inconsistencies that make the officer believe that the application is not approvable.
The immigrant will then be given thirty (30) days to explain why the application should be approved despite the officer’s reservations. The immigrant can explain any inconsistencies or provide additional evidence to clarify them. For example, if the offer asked what color the parties’ shower curtain was and one party said blue and the other said green, it would appear that the parties do not shower in the same bathroom. However, in responding to a Notice of Intent to Deny, if the parties can provide a photograph of the shower curtain to show that it is both blue and green, this may overcome the shadow of doubt contained in the Notice of Intent to Deny.
Legal Help After a Notice of Intent to Deny
After responding to the Notice of Intent to Deny, the application will either be approved and the green card will be mailed, or it will be denied. A decision will then have to be made about the best way to overturn the adverse decision.
The attorneys at Tanner Law Offices, LLC have assisted many clients at separate interviews and in responding to Notices of Intent to Deny. We will be happy to work with you to meet your immigration needs. Contact us online or call 717-731-8114 to schedule an appointment to discuss the specifics of your case.