What to Expect at Your Marriage-Based Green Card Interview? Real Interview Questions & Commonly Made Mistakes
Marriage-Based Green Card Interview: What to Expect and How to Prepare
The marriage-based green card interview is crucial in getting a green card through marriage to a U.S. citizen or permanent resident. USCIS conducts this interview to confirm that your marriage is real. This blog post will cover common interview questions, preparation tips, and common mistakes to avoid.
First, these are real marriage-based green card interview questions I personally went through about 8 years ago and questions clients commonly receive from immigration officers in actual marriage-based interviews.
Common Marriage-Based Green Card Interview Questions
Your Relationship Story
How did you meet your spouse? Who approached whom?
How did your relationship develop?
When and why did you decide to get married?
Where and when did you have a wedding ceremony? Who attended?
Do you have any children together?
Evidence of Your Marriage
Why do your submitted photos mostly include just the two of you without family or friends?
Do you have additional pictures or documents showing shared experiences with others?
Did you submit affidavits from family and friends? If so, who wrote them?
Your Living Situation
Where did you both live before marriage?
How did you decide on your current home?
If your lease is only under one name or includes a roommate, why is that?
Can you provide proof that you live together, like utility bills or mail addressed to both of you?
Your Finances
Do you have a joint bank account? Who contributes what financially?
Who manages finance?
Do you each have a debit or credit card from your joint account? Where is it? Do you have it in your wallet? If not, why do you not have your card in your wallet?
Your Daily Life Together
Where do you shop for groceries?
What is your daily routine like?
Where does your spouse work? What do they do?
Where do each of your family members live?
6. Corrections / Final Questions
At the end of the interview, your interviewing officer may ask, “Do you have anything to correct or disclose before ending this interview?”. If you forgot to mention something on your application, the interview is your last chance to correct it. Be honest about any past immigration issues, unauthorized work, or discrepancies.
How to Prepare for the Interview
Before your interview, make sure you fully review the details of your application. Bring a copy of everything you submitted, including Form I-130, Form I-485, and all supporting documents. Both you and your spouse should go through the application carefully to ensure your answers are consistent, as any discrepancies can raise red flags. It’s always good to practice answering common questions together so you're both prepared. Officers may ask very detailed or unexpected questions to test the legitimacy of your marriage, so be ready for anything. If your attorney provides a mock interview, please do it before the interview.
On the day of your interview, arrive on time, dress professionally, and be respectful throughout the process. If you have any new documents that further prove your marriage is real, such as updated utility bills, joint lease agreements, or recent photos, bring them with you. These additional pieces of evidence can strengthen your case and reassure the interviewing officer.
Common Mistakes to Avoid: Non-disclosure of material facts
One of the biggest mistakes you can make is not disclosing unauthorized work. If you have worked without authorization, you must be honest about it. USCIS forgives unauthorized employment if you are married to a U.S. citizen, but failing to disclose it can result in denial.
Let's assume a foreign national spouse was initially on a student visa (F1). She found a company sponsoring her green card under the EB-3 category. The PERM labor certification was approved, and fortunately, a visa number became immediately available so she could submit an I-140 employment-based petition along with the adjustment of status application packet (I-485, I-765, I-131). While waiting for the I-140 & I-485 approvals, she received the I-765 (work permit application) approval first, as a work permit application only takes between 4-6 months. She began working on the EAD card while the other petitions were pending with USCIS. However, her I-140 was denied due to financial issues with the sponsoring company. Despite this denial, she continued working on the EAD card, a benefit tied explicitly to the pending I-485, which is again based on the now-denied I-140 petition.
Many assume this does not count as unauthorized work because the individual holds an EAD card and social security number and believes it is okay to continue working even after the I-140 petition denial. However, this is not true.
The benefit of the work permit was granted based on the pending green card application (I-485), which was tied to the denied I-140 petition. Continuing to use the work permit benefit after the denial constitutes unauthorized employment. If you are under these circumstances, you must disclose this information, as failure to do so can result in a Notice of Intent to Deny (NOID) or outright denial.
Lying or misrepresenting facts (or even omitting material facts) is another major issue that can lead to denial. If USCIS catches you lying, your green card could be denied, and you might be flagged for fraud. Inconsistencies in your answers can also lead to problems. If your responses don't match your spouse's, it can raise suspicions, and in some cases, officers may separate you for questioning. Be honest and prepared so that your answers are accurate and consistent.
A lack of sufficient evidence is another common reason for denial. If you don't have joint financial documents, a shared lease, or pictures of you and your spouse with family and friends, be ready to explain why. Officers want to see proof that you two are sharing a life together beyond just the marriage certificate.
Final Thoughts
The marriage-based green card interview is your chance to prove your relationship is real. If you are in a genuine marriage and tell the truth, you have nothing to worry about. Being well-prepared and open with the officer will help ensure a smooth interview process.
If you have concerns about past immigration status issues or unauthorized work, it is best to consult an immigration attorney before your interview. Addressing any potential problems beforehand can save you time and stress later.
Some ask me why proving their relationship to USCIS must be this difficult when their marriage is real. Remember, immigration is not a right but a benefit. If you want to obtain a green card through marriage to a U.S. citizen or permanent resident, the burden is on you to provide sufficient evidence that your marriage is genuine and based on love.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult an attorney. Immigration Law Office of Amy Chung, PLLC, is NOT responsible for any decisions made based on the information provided on our website without the firm’s legal representation. Legal representation is ONLY established upon the mutual signing of a Legal Services Agreement AND the prospective client’s payment of the required attorney fee.