Excerpts from
U.S. Immigration & Citizenship
Your Complete Guide
Excerpt from the Section "Getting a Green Card," a discussion of what is a "real" marriage according to USCIS standards.
Husband or Wife
In order to get a green card based on a petition filed by your spouse, you must prove that you didn't get married just to get a green card. If you or your spouse were previously married, you must prove that your and/or your spouse's prior marriages ended either through divorce or death.
Real Marriages Versus Green Card Marriages
The USCIS will not recognize a marriage as bona fide or "real" if you got married just to get a green card. If you try to get a green card using a phony marriage and get caught, you risk being permanently barred from becoming a permanent resident.
George's story illustrates what can happen if you try a "green card" marriage.
George's Story
George ran away from his home in London when he was 14. After several years of trying to make it on his own in Liverpool, he came to the United States, supposedly just for a visit. In reality he hoped to get work here as a welder. He went to live with a friend, Frank, in Los Angeles, California. Despite his skills, George found it almost impossible to find work because he didn't have work permission from the USCIS. Employers were afraid to hire him because of the employer sanctions law (see section V). Frank's girlfriend, Ginny, offered to marry George to help him get a green card. When the couple went to George's green card interview, Ginny was very nervous. When the examiner questioned her about the marriage, Ginny broke down and cried, admitting that she only married George to help him get legal papers. The USCIS examiner denied George's green card application.
The Marriage Fraud Interview
If you and your spouse are both living in the United States, the USCIS may interview you about your life together. This may happen as part of your adjustment of status interview (see chapter 6) or in a separate marriage fraud interview. Actually, the USCIS approves many I-130 petitions filed by U.S. citizens and permanent residents without a marriage fraud interview.
You may bring an attorney or an accredited not-for-profit representative to a marriage fraud interview. At the interview, the USCIS examiner may separate you and your spouse and ask the two of you the same questions, such as whether you have ever met each other's relatives, the color of the walls in your apartment, when you met, what vacations you have taken together, if any, and whether you have a television. The purpose of the questions is to see if you and your spouse give the same answers. No matter how much you prepare, you'll find it difficult to pass the interview if yours is a phony marriage. The story of Susan and Tom gives you a sense of what happens at a marriage fraud interview.
The Story of Susan and Tom
Tom and Susan were truly a couple in love. Tom was a U.S. citizen. Susan, an Australian, had come to the United States on a visit and, after meeting Tom, decided to stay. When Tom and Susan appeared for Susan's interview, they presented no evidence other than their marriage certificate to prove that their marriage was real. No photos, no letters, nothing. The USCIS examiner decided to interview Tom and Susan separately to make sure that they didn't get married just so that Susan could get a green card.
The USCIS examiner asked Susan what Tom had given her for her birthday. The truth was that Tom had forgotten all about Susan's birthday and had not given her a gift. Susan was afraid that if she told the interviewer the truth, the examiner would think they weren't really a couple. So Susan answered, "A red sweater." Later when the examiner asked Tom the same question, he told the truth, saying that he had not gotten Susan a present. Whoops!
Tom and Susan had forgotten the main goal of an USCIS marriage fraud interview: to see if the husband and wife say the same things.
Fortunately for Tom and Susan, their examiner was especially nice. She asked Tom and Susan about the different answers to the question about the birthday gift and Susan explained the reason for her answer. Since Susan and Tom had given the same answer to so many questions, the USCIS examiner gave them a day to bring in additional evidence that they were living together. Tom and Susan submitted the evidence that afternoon, and the USCIS interviewer approved the case.
If the USCIS examiner believes that your marriage is real, the examiner will approve the I-130 petition. If the examiner believes that your marriage is not bona fide, the examiner will deny the petition or ask the petitioner (your spouse) to withdraw it. This means that the USCIS is asking your spouse to stop the case. If your spouse withdraws the petition, you will not get a permanent residence from that petition. Often, whether the petition is denied or withdrawn, the USCIS will start proceedings to remove you from the United States.
A third possibility is that the examiner will not decide right away but will send the case out for a field investigation. An USCIS officer may visit your home. USCIS field investigations of marriages are less common than people think, but they do happen. If the examiner sends your case to the investigations department, at some point in the future (sometimes several months after your initial interview), an USCIS investigator may appear at the residence you listed on the I-130 petition. The investigator is looking for evidence that you and your spouse are living together, such as men's and women's clothes, two toothbrushes, shaving cream, and perfume. The investigator may also talk to neighbors.
An USCIS investigator doesn't have the right to enter your house without either a warrant or your permission. Nevertheless, it is up to the two of you to prove that you are eligible for permanent residence. If you do not let the investigator in to look around, the USCIS may deny the marriage petition.
It's easy to see: You want to do all that you can to keep your case from being sent out for an investigation. Even if the investigator ultimately finds that your marriage is a valid one, the investigation itself can take weeks or months. If you want to avoid a long and nervous delay in your case, be sure to document your marriage well.
For more on marriage cases, read U.S. Citizenship and Immigration Law - Your Complete Guide, 3rd Revised Edition.
*Copyright©1997 by Allan Wernick, from the book U.S. Immigration and Citizenship, Prima Publishing, Rocklin, CA, Order at better bookstores or call (800) 632-8676.