How to Prepare for Your Marriage Fraud Interview

This article concerns primarily marriage cases, i.e., those cases in which a United States citizen marries a foreign national, files all the necessary papers for sponsoring his/her foreign spouse, and has received an appointment for an interview.

The interview notice is usually sent by mail. Therefore, it is essential that Immigration have your current address. Federal mail is not forwarded, and your appointment notice may be returned to Immigration undelivered, resulting in denial of your application based on abandonment. The interview is called the marriage fraud interview. If the interview date is not convenient, you may write or call the number listed on the form to reschedule the interview.

At the interview, the Immigration officer will ask questions in order to determine whether your marriage appears to be a true marriage, and not for the purposes of obtaining immigration benefits. These questions may include (1) all the questions on the Form I-130 you had previously filed, (2) descriptions of the documentation submitted with the I-130 and other forms, and/or (3) questions about your marriage itself.

Questions about the marriage are designed to determine whether a normal and valid family life exists. The Immigration officer is looking for a traditional marriage, and traditional family values. A prenuptial agreement, for example, shows separateness of assets and separate lives. It may be detrimental to proving a normal and valid family life. The officers are looking for shared risks and responsibilities, not preservation of individual assets at anticipated divorce or separation.

Questions an officer may ask at a marriage fraud interview may include:

What does he/she like for breakfast?
Who makes breakfast in the morning? Who does the dishes?
What does his/her father like to do with his/her spare time?
When is the last time you spoke to your in-laws?
Who knows about your marriage?
Do both families know each other? Were they present at the marriage?
What is his/her favorite food?
When is his/her birthday?

The officer may separate you and ask each of you the same question to see if you both give the same answer. If you each answer the question differently, you should be given a chance to explain the differences in your answers when you are brought back together.

The Immigration officer may videotape or record the interview.

Beware of the penalties of marriage fraud, including prison and fines. Immigration marriage fraud interviewers are skilled at detecting fraud, and it is very difficult to pass the marital interview unless there is a verifiable personal relationship.

Good ways to document and verify the marriage include (1) putting utility bills and property in both your names, (2) keeping a joint bank account and joint credit cards, (2) have both of your names on your lease or mortgage, (3) subscribe to magazines or newspapers in both your names listed above your home address, and (4) have joint insurance policies for health, auto, and life.

In addition, sworn affidavits from friends and family can help prove that you have a valid marriage. These affidavits are simply letters describing your marriage that are signed before a notary and contain a declaration stating under penalty of perjury that the information in the letter is true and correct.

Photographs of you and your spouse together are also very important. You should document your life with your spouse in photographs from the time you first met, through your wedding day, and until your spouse is granted full permanent residency. Whether you have a big wedding or you elope, you must take pictures of your wedding day. Take pictures of you with your spouse, but also take pictures of the friends and family members who attended your wedding. Photographs of you with your spouse in your daily lives together with friends and family in different places at different times show that you have a personal relationship with your spouse and his/her family.

About the author: Kathleen Lord-Black is a U.S. immigration Lawyer.  Her offices are located in Vancouver, British Columbia.   She has served as Immigration Consultant for the San Francisco Public Defenders Office, 2005 Chair of the Immigration Section of the Barristers Club of the Bar Association of San Francisco, and former Congressional liaison for U.S. Representative Farr. Ms. Lord-Black is an active member of the American Immigration Lawyers Association and the American Civil Liberties Union. Her articles regularly appear in the Bay Area Arabic-language newspaper, Alra’i Alarabi. Ms. Lord-Black can be reached via email at kathleen@kathleenlord.com; and by telephone at (360) 329-2436 (U.S.) and (604) 352-2006 (Canada).  www.immigration-etats-unis.com