U.S. Citizenship and Immigration Services (USCIS) has introduced a new requirement that affects many spouses of U.S. citizens and green card holders (permanent residents). As of December 10, 2018, USCIS announced that most “conditional” permanent residents must now attend an in-person interview as part of the process to remove the conditions on their green card and apply for a permanent one. This is a change from the previous policy, which only required interviews in specific situations where additional information was needed.
If you’re a conditional permanent resident and you’re approaching the end of your two-year green card period, it’s crucial to understand how this change could impact your application. Keep reading for everything you need to know about the new rule and how it may affect your path to a permanent green card.
The Bottom Line:
This new interview requirement makes it even more important to file a complete and accurate marriage-based green card application the first time. By doing so, you can avoid the need to prove your marriage is genuine again when you apply for a permanent green card after two years. If you’re unsure about the process, you can get professional help from Law and Visas, which offers affordable support with an experienced immigration attorney who will review your application and guide you through the process.
What is a “Conditional” Permanent Resident?
A “conditional” permanent resident is someone who has been granted a green card based on marriage but has been married for less than two years at the time of approval. The green card issued in these cases is valid for only two years. The reason for this is to prevent fraudulent marriages, where couples marry just to obtain a green card, only to divorce soon after.
Before the conditional green card expires, the individual must apply to “remove the conditions” and receive a permanent green card. This involves filing Form I-751 and providing evidence that the marriage is genuine. If you’re unsure how to navigate this process, we recommend checking out our detailed guide to conditional permanent residence.
What Was the Old Policy?
Under the previous policy, which had been in place since 2005, most conditional green card holders did not have to attend an in-person interview when applying for a permanent green card. An interview would only be scheduled if USCIS found issues with the evidence provided, such as concerns about the legitimacy of the marriage.
USCIS officers could also request missing information through a formal Request for Evidence (RFE) rather than requiring an interview.
What Changed Under the New Policy?
As of December 10, 2018, USCIS reversed its policy. The new rule states that an in-person interview is generally required for all conditional permanent residents applying for a permanent green card. USCIS may waive the interview requirement only in certain circumstances, including:
- If there is enough evidence already showing that the marriage is real and not for the purpose of getting a green card.
- If there is no indication of fraud or misrepresentation in the application.
- If there are no complex issues that would require an interview to resolve.
- If the conditional permanent resident was already interviewed when initially applying for a green card.
Who Does This Policy Affect?
This new policy primarily impacts individuals who were granted a conditional green card based on a marriage that lasted less than two years at the time of approval. Here’s how it affects you:
- If you were married for more than two years when your marriage-based green card was approved, you already have a permanent green card and do not need to file Form I-751. The new interview requirement doesn’t affect you.
- If you were married for less than two years when your green card was approved and you filed Form I-751 on or after December 10, 2018, you will likely need to attend an in-person interview to prove the authenticity of your marriage once again. This applies if you applied for your green card from outside the United States and were not previously interviewed by USCIS. If you applied for a green card from within the U.S. and were already interviewed, there may be a chance you won’t need another interview, but it’s safer to expect one.
In Fiscal Year 2017 alone, more than 166,000 Form I-751 applications were filed, which means USCIS could see a significant increase in interview requests under the new policy. This may lead to delays in other types of applications, such as new green cards and U.S. citizenship.
How Does This Change Affect You?
The most significant impact of this change is on the preparation of your Form I-751, the application to remove the conditions on your green card. It’s now more critical than ever to complete the form correctly and submit all necessary documentation. This includes:
- Ensuring that the form is signed by both you and your sponsoring spouse (if filing jointly).
- Submitting all required evidence that proves your marriage is genuine, such as joint bank statements, proof of living together, and photos together over the years.
If you submit a complete and accurate I-751 form, and you were already interviewed when you first applied for your green card, there’s a possibility that you won’t need another interview. However, you should not rely on this—preparing for an interview is a wise move.
What Happens If USCIS Denies My Form I-751?
If USCIS denies your Form I-751 application, it means that you failed to meet the requirements to remove the conditions on your green card. In this case, you would lose your status as a conditional permanent resident and would receive a Notice to Appear (NTA) in immigration court. The NTA is the first step in the deportation process.
While this may sound serious, USCIS must extend your conditional resident status while an immigration judge reviews your case. You also have the right to appeal the denial by asking the immigration judge to reconsider your case based on the evidence you provided. Keep in mind that you cannot submit new evidence at this stage.
How Do I Get Legal Help if My Form I-751 is Denied?
If you receive an NTA due to a denied Form I-751, you should consult with an immigration lawyer as soon as possible. Handling deportation proceedings requires expert legal help, especially if you’re facing removal from the country.
The American Immigration Lawyers Association (AILA) can help you find a qualified immigration attorney near you, or you may choose to consult a nonprofit organization that offers low-cost or free immigration legal services, accredited by the U.S. Department of Justice.
The new interview requirement for spouses of U.S. citizens and green card holders adds an extra layer of complexity to the green card process. It’s now more important than ever to file a complete and accurate Form I-751 to ensure a smooth transition from conditional to permanent resident status.
Adjustment of Status vs. Consular Processing
When navigating the U.S. immigration system, foreign nationals married to U.S. citizens or Green Card holders often face the choice between Adjustment of Status (AOS) and Consular Processing (CP). Understanding the definitions, differences, and implications of each process is crucial for making an informed decision.
Definitions and Differences
Adjustment of Status (AOS) allows individuals already in the U.S. to apply for permanent residency without leaving the country. This process is typically preferred by those who are already residing in the U.S. legally. Consular Processing (CP) requires applicants to apply for an immigrant visa at a U.S. consulate or embassy in their home country. This option is generally chosen when the applicant is outside the U.S. or cannot maintain lawful status within the country. The primary differences between AOS and CP include:
- Location: AOS is processed within the U.S., while CP requires travel to a consulate abroad.
- Processing Time: AOS may take longer due to backlogs, while CP can sometimes be faster.
- Work Authorization: AOS applicants can apply for an Employment Authorization Document (EAD) while waiting, whereas CP applicants cannot work until they enter the U.S. with their visa.
The Role of Spouse Interviews
Both AOS and CP involve a spouse interview, which is a critical part of the immigration process. This interview assesses the legitimacy of the marriage and the applicant’s eligibility for permanent residency.
Pros and Cons of Each Route
Adjustment of Status:Pros:
- Couples can remain together during processing.
- Applicants can work and travel while their application is pending.
Cons:
- Longer processing times.
- Higher filing fees.
Consular Processing:Pros:
- Potentially quicker processing times.
- Lower filing fees compared to AOS.
Cons:
- Separation from the spouse during processing.
- No work authorization until entering the U.S.
Spouse Interview for U.S. Citizens
For spouses of U.S. citizens, the interview process typically unfolds as follows:
Timeline: The interview usually occurs a few months after filing Form I-130 and Form I-485 (if applying for AOS).
Documents Needed: Essential documents include:
- Marriage certificate
- Proof of relationship (photos, communication logs)
- Financial documents (affidavit of support, tax returns)
Types of Questions Asked: Expect questions about:
- Relationship history
- Daily life
- Plans together
Common Mistakes to Avoid: Avoid inconsistencies in answers, lack of documentation, or appearing unprepared.
Interview Locations: Interviews can take place at USCIS field offices in the U.S. or consulates abroad if applying through CP.
Potential Outcomes: Outcomes can include approval, delays, or requests for additional information.
Spouse Interview for Green Card Holders
For spouses of Green Card holders, the interview process has some distinct characteristics:
- Timeline: The timeline may be longer than for spouses of U.S. citizens due to visa availability.
- The difference in Waiting Times: Spouses of Green Card holders often face longer wait times for interviews compared to those married to U.S. citizens.
- Documents Needed: Similar documentation is required as with U.S. citizens but may include additional evidence due to longer processing times.
- Key Differences in Process: The interview may focus more on maintaining lawful status throughout the application process.
- Interview Questions: Questions will likely cover similar topics but may delve deeper into immigration status issues.
- Post-Interview Outcomes: After the interview, outcomes can include approval, denial, or requests for more information.
Key Documents to Bring to the Spouse Interview
Regardless of whether you are applying through AOS or CP, it’s crucial to prepare thoroughly:
Proof of Relationship:
- Photos together
- Communication logs
- Travel records
Financial Support Documents:
- Affidavit of support
- Recent tax returns
Personal Documents:
- Passports
- Birth certificates
Additional Documents if Applicable:
- Previous marriage certificates/divorce decrees
- Legal name changes
What to Expect During the Spouse Interview
The interview process typically follows these steps:
Arrival and Check-in: Arrive early and check in with security.
Meeting with Immigration Officer: The officer will review your documents and ask questions about your relationship.
Common Questions Asked:
- How did you meet?
- What do you do together?
- Plans as a couple?
Behavior Tips:
- Be honest and concise in your answers.
- Maintain good communication with your spouse during the interview.
- The role of the immigration officer is to evaluate your responses and determine if your marriage is genuine.
Common Issues and Red Flags During the Spouse Interview
The spouse interview is a critical component of the immigration process for couples seeking permanent residency in the U.S. However, it can also be a source of anxiety due to potential red flags that immigration officers may scrutinize. Understanding these red flags and preparing accordingly can significantly enhance the chances of a successful outcome.
Red Flags Officer Might Look For
Immigration officers are trained to identify signs that may indicate marriage fraud. Some common red flags include:
- Gaps in the Relationship Timeline: Inconsistencies in how long the couple has known each other or when they began living together can raise suspicion.
- Mismatched Answers: If spouses provide conflicting information during the interview, it may lead officers to question the authenticity of their relationship.
- Limited Shared Financial History: A lack of joint accounts or shared financial responsibilities can suggest that the couple is not genuinely interdependent.
- Absence of Shared Residence: If spouses do not live together or cannot provide proof of cohabitation, it may indicate a lack of commitment.
- Significant Age or Cultural Differences: Large age gaps or stark cultural differences can lead officers to suspect that the marriage is not genuine.
Addressing Discrepancies
If discrepancies arise in your application or during the interview, it is crucial to address them promptly and honestly. Here are some strategies:
- Clarify Mistakes: If you realize you’ve made an error, calmly explain it to the officer and provide corrected information.
- Provide Context: If there are legitimate reasons for inconsistencies (such as moving frequently), be prepared to explain these circumstances clearly.
- Documentation: Bring supporting documents that can help clarify any discrepancies, such as joint bills or photos from significant life events.
Importance of Thorough Preparation
Thorough preparation is essential to avoid triggering suspicion during the interview. This includes:
- Reviewing Your Application: Familiarize yourself with every detail in your application and ensure both spouses are on the same page regarding their answers.
- Gathering Evidence: Collect documents that demonstrate your relationship’s authenticity, such as photos, travel records, and joint financial statements.
- Practicing Interview Questions: Rehearse common questions with your spouse to ensure both partners can answer consistently and confidently.
What Happens If Concerns Are Raised
If an officer raises concerns during the interview, it may lead to:
- Delays in Processing: The officer may request additional evidence or further documentation before making a decision.
- Additional Interviews: In some cases, couples may be called back for a second interview if inconsistencies remain unresolved.
After the Spouse Interview: Next Steps
Following the spouse interview, several outcomes are possible:
Approval, Denial, or Further Evidence Requests
- Approval: If everything goes smoothly, you may receive an approval notice within weeks.
- Denial: If significant issues arise, your application could be denied. Common reasons include failure to prove a bona fide marriage or discrepancies in information.
- Requests for Additional Evidence (RFE): Officers might issue an RFE if they require further documentation to make a decision.
Conditional Green Card for Spouses Married Less Than Two Years
If approved and married for less than two years at the time of approval, spouses will receive a conditional Green Card, valid for two years. This status requires couples to file Form I-751 within 90 days before its expiration to remove conditions and obtain permanent residency.
Timeline for Receiving the Green Card or Visa
After approval, processing times can vary widely based on individual circumstances and USCIS workloads. Typically, applicants can expect to receive their Green Card within a few weeks to several months after approval.
What to Do If the Spouse Interview Is Denied
If your spouse’s interview results in denial, consider these steps:
Reasons for Denial and How to Handle Them
Common reasons for denial include:
- Inconsistencies in answers
- Lack of evidence proving a genuine marriage
- Failure to meet eligibility requirements
To handle denial effectively:
- Review Denial Notice: Understand why your application was denied.
- Gather Additional Evidence: Compile any new evidence that addresses the concerns raised by USCIS.
Appeals Process and Preparing for a Second Interview
You have the right to appeal a denial through Form I-290B. To prepare for a potential second interview:
- Consult with an immigration attorney who can guide you through the appeals process.
- Prepare thoroughly by addressing all previous concerns raised by USCIS.
Legal Options for Spouses Facing Delays or Denials
If delays or denials occur, legal options include:
- Filing an appeal
- Seeking legal counsel for advice on reapplying
- Exploring waivers if applicable (for example, if there are grounds for inadmissibility)
Tips for a Successful Spouse Interview
Preparation is key to success in your spouse interview. Here are some essential tips:
How to Prepare for the Interview
- Understand Common Questions: Familiarize yourself with typical questions asked during interviews about your relationship history and daily life.
- Practice Together: Conduct mock interviews with each other to build confidence.
What to Bring and How to Dress
- Documents: Bring all necessary documentation, including proof of relationship and financial support documents.
- Dress Appropriately: Wear professional attire that reflects respect for the process.
Preparing Your Spouse for Questions
Discuss potential questions your spouse might face so they feel comfortable answering them accurately.
Importance of Transparency and Honesty
Throughout this process, maintain transparency and honesty with each other and with USCIS. Authenticity is crucial in demonstrating the legitimacy of your marriage.
Frequently Asked Questions (FAQ)
What if my spouse is in another country?
You would typically pursue Consular Processing instead of Adjustment of Status.
What if we are not yet living together?
While it’s ideal to live together before applying, couples can still demonstrate their relationship through other evidence like communication logs and travel history.
If you’re unsure about the process or need assistance with your green card application, Law and Visas is here to help. Our experienced immigration attorneys can guide you through the process, answer your questions, and help ensure your application is as strong as possible.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for an F2A Visa or a K-3 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
