One of the many advantages of being a US citizen or a lawful permanent resident is that they can sponsor a qualifying spouse for a Green Card. Having said this, US citizens and lawful permanent residents have to wade through different requirements and procedures and also the procedures vary depending on whether the foreign spouse is inside the US or outside the US at the time the application is made.
As an American citizen, you can bring your foreign spouse to the US through two ways. One is through the immigrant visa petition for a spouse of a US citizen where you have to file Form I-130, Immigrant Petition for Alien Relative. Another way is through a non immigrant visa for spouse (K-3). Through this category, you have to to file two applications, Form I-130 and Form I- 129 F.
The Green Card Interview
The path to becoming a green card holder can be a long and winding one. Many people worry that the process is simply too sophisticated. The marriage based green card interview will be more probing and intense. This is probably due to the fact that many fraudulent marriages take place just to get a green card.
Before venturing into the marriage visa interview, it is important that you have copies of all the documents they may ask for. These documents generally range from recent tax returns, affidavit of support and photocopies of birth certificates and passports. Your photographs and joint bank accounts also take leading priority. Having photographs of your wedding, honeymoon, vacations, birthday parties could prove handy. Bank accounts play an extremely vital role. The officers interviewing will be convinced seeing you and your spouse share assets.
Also have bank accounts that will indicate income of both parties credited and joint expenses debited. For instance, you can make the lease or mortgage payments through the account. Simple matters such as the drivers license having the same address as the tax return will have s significant outcome. Mobile phone bills and electric bills going into each persons name will be an added advantage.
Though there is no standard format for the questions asked during the interview, it would range from the usual, “How did you meet her?” to very detailed and very intense questions. So be prepared and sit together a few days before the interview and discuss it thoroughly just as how you would prepare for a normal examination.
If the officers suspect that your marriage is fraudulent, you will be required to meet the fraud unit. They in turn will interview you and your spouse separately and the outcome of both your interviews will be compared to ensure it is not a fake marriage.
It is also important to carry a nice attitude and have a cool composure as the officer might intimidate you, reminding you about the jail term and fines if you are found guilty of committing marriage fraud. At times, they may also go to the extreme and ask you to withdraw the application or tell you to sign stating that it is a fake marriage for green card. Genuinely married couple need not have to sign such things neither is there a reason to do so. If compelled to sign, you can reschedule the interview and bring an attorney with you the next time.
Sometimes, fear of failing the green card interview creeps up in some couples, and though genuinely married, they get suspected because of their personal characteristics and might be thrust to go through a fraud interview. If you and your spouse do not share a common language, or differ significantly in age, class, religion or even educational background and don’t live at the same address, you might be called for a fraud interview.