Marriage-based green card interviews are held at a USCIS office and will be conducted by a trained immigration official. You are an immediate relative if you are: If you are a widow or widower of a U.S. citizen, please see Green Card for Widow(er)s for information about how to apply for a Green Card. Like most green cards and visas, the marriage-based green card has certain unavoidable filing costs associated with it. Labor certification and qualifications for certain immigrants (INA 212(a)(5)). However, after your I-485 is approved or your consular interview is concluded favorably, you will immediately be granted lawful permanent resident status and your green card should arrive in the mail within six months. Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category you are adjusting under. You may also apply for an advance parole document by filing a Form I-131, Application for Travel Document. A US citizen can sponsor a parent for a green card as an immediate relative by filing Form I-130 under INA 201(b)(2)(A)(i). How Can You Obtain a Marriage-Based Green Card? What are their names? Marriage Based Green Card Interview Questions Your interview process will begin the moment you walk into the USCIS office. As an immediate relative, you may file your Form I-485 together (“concurrently”) with the Form I-130, Petition for Alien Relative filed on your behalf, while the Form I-130 is pending, or after the Form I-130 is approved (and remains valid). When did you meet each other’s parents? Official websites use .gov Here are some questions you may receive during a Stokes interview. Benefits of a Getting a Green Card Through Marriage . 2. Ultimately, having a legitimate case and a reliable attorney should be your most valuable assets during this interview. Please see USCIS’ Filing Fees and Fee Schedule for more information. Do you have any children from previous marriages? A Form I-130 (that is ultimately approved) filed together with your Form I-485. Your interview process will begin the moment you walk into the USCIS office. These questions are designed to determine if your marriage is fraudulent. Raised suspicion can stem from hesitating to answer questions, having different answers, and simply not being able to answer the questions. Official Website of the Department of Homeland Security, Green Card for Immediate Relatives of U.S. Citizen, USCIS Response to Coronavirus 2019 (COVID-19), Green Card for Employment-Based Immigrants, Green Card for Family Preference Immigrants, Green Card for an Immediate Relative of a U.S. Citizen, Adjustment of Status Filing Charts from the Visa Bulletin, Inadmissibility on Public Charge Grounds Final Rule: Litigation, While Your Green Card Application Is Pending with USCIS, International Travel as a Permanent Resident, Rights and Responsibilities of a Permanent Resident, Instructions for Form I-485, Application to Register Permanent Residence or Adjust Status, Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”, Form I-485, Application to Register Permanent Residence or Adjust Status, section 245(c) of the Immigration and Nationality Act (INA), Instructions for Form I-485 Supplement A, Adjustment of Status Under Section 245(i), Form I-601, Application for Waiver of Grounds of Inadmissibility, Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal, Form I-864, Affidavit of Support Under Section 213A of the INA, Form I-864EZ, Affidavit of Support Under Section 213A of the Act, Form I-693, Report of Medical Examination and Vaccination Record, Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, Form I-612, Application for Waiver of the Foreign Residence Requirement, Form I-508, Request for Waiver of Rights, Privileges, Exemptions and Immunities, Form I-566, Interagency Record of Request – A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status, Form I-485 Supplement A, Adjustment of Status Under Section 245(i), Form I-765, Application for Employment Authorization, Form I-131, Application for Travel Document, Instructions for Application for Travel Document, Classes of Aliens Ineligible for Visas or Admission, USCIS Policy Manual, Volume 7, Part A, Adjustment of Status Policies and Procedures, USCIS Policy Manual, Volume 7, Part B, 245(a) Adjustment, USCIS Policy Manual Volume 8, Admissibility, The unmarried child under 21 years of age of a U.S. citizen; or. Additional green card benefits include being able to: This marriage-based green card, which should be carried on the immigrant spouse at all times, is valid for ten years. Many US citizens, especially those who have recently naturalized, desire to sponsor their senior parents for lawful permanent residence, also colloquially known as the green card. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible. Note that these are extremely specific and in-depth questions that are intended to catch fraudulent marriages. you file on or after October 2. The attorneys at VisaNation have extensive knowledge and experience in green card cases. The purpose of a biometric services appointment is to confirm your identity and to run a required background and security checks. How do you typically celebrate holidays? Family Green Card Interview Questions for Other Applicants For other family relationships such as siblings, parents, as well as married children and unmarried children (over 21 years of age), the questions are also based on the family relationship that exists between you and your sponsor. We know how stressful the interview process can be, so take a look at these top tips to make the best of your situation. See Form I-601, Application for Waiver of Grounds of Inadmissibility and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal. Generally, you may obtain citizenship through your U.S. citizen parents when you are born, or after your birth but before you turn 18. Green Card Through Marriage Document Checklist, H-1B Lottery Rule Changes Could See ReversalÂ, Travel in and out the U.S. (as long as each trip is less than a year). Unfortunately, it’s likely that your case will be denied if each spouse has different answers to the same questions. You are ineligible to apply for adjustment of status if one or more bars to adjustment listed in section 245(c) of the Immigration and Nationality Act (INA) apply to you. None of the applicable bars to adjustment apply to you; You are admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief; and, A pending Form I-130 (that is ultimately approved); or. Waiver of the Three- and Ten-Year Time Bars. You were inspected and admitted or inspected and paroled into the United States; You are physically present in the United States at the time you file your Form I-485; You are eligible to receive an immigrant visa; An immigrant visa is immediately available to you at the time you file your Form I-485 and at the time USCIS makes a final decision on your application; Note: A visa is always available for immediate relatives. This step can be significantly delayed if the USCIS issues a Request for Evidence (RFE). Green card Conditions, Green Card Interview. Reasons why you may be inadmissible are listed in INA 212(a) and are called grounds of inadmissibility. See the updates fess if. Your wedding day is a special day that most couples cherish. Once you’ve completed your marriage-based green card interview, you’ll have to wait for the USCIS to approve your petition. Family Preference Green Cards processing takes from 1 to 10 years depending on the wait time and yearly caps. An immigration official will ask the same questions to each spouse then compare the two sets of answers to see how well they match. There isn’t a defined period of time for marriage green card approvals which can make the waiting process even more stressful. It’s normal for you to forget things about your marriage but you can work together to jog each other’s memory prior to the interview. Certified police and court records of all criminal charges, arrests, or convictions regardless of final disposition (if applicable); Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or a waiver of the 2-year foreign residence requirement under INA 212(e) (for more information, see, If you currently hold A, G, or E nonimmigrant status, include. The interview usually lasts an average of 15-20 minutes and the questions are relatively simple. Wedding – Questions about the day you tied the knot are common. Does your spouse have any nieces or nephews? A few weeks from the interview date, you may receive the news that your green card has been either granted or denied. You will also likely need to provide the following documents if you have not already: Each case is different, so you may need to provide more or less than the above list. This page provides specific information for immediate relatives in the United States who want to apply for lawful permanent resident status while in the United States. If that is not the case, then simply follow the above tips and be confident. Getting a Green Card – Your Form I-551 Permanent Resident Card, also known as a green card, will be automatically mailed to the address in the United States that you write in your visa application form. Contact an immigration attorney to learn what's best for you and your spouse. How many brothers and sisters does your spouse have? Immigrant visas for immediate relatives of U.S. citizens are unlimited, so the visas are always available. This will include the date, location, and time of your appointment at a local Application Support Center (ASC). An immigration lawyer will better be able to help you determine what you can expect as a processing time. How long has your spouse been working there? Do you live together or plan on living together? Your spouse will need to submit an affidavit of support to show that they have adequate means of financial support and are not likely to rely on the U.S. government financially. They only serve to provide an idea of the level of depth you may be subjected to during your Stokes interview. Visas DS-160; Change of Address Keep in mind that the I-485 is only required if you are adjusting your status from a nonimmigrant status (such as a K-1 visa). Eligibility requirements for waivers and other forms of relief vary. See the separate Instructions for Form I-485 Supplement A, Adjustment of Status Under Section 245(i) (PDF, 278.7 KB) for more information. This can be scheduled out a few weeks to a few months in advance of the appointment. If your marriage is legitimate, you should have little trouble answering these questions, though newer relationships may have difficulty. If your petition is approved and you are outside of the U.S. under no visa status, you can schedule a consular interview at the U.S. consulate or embassy in your home country. You will be placed together in an interview room and an officer will begin directing questions for you both to answer as individuals or as a couple. How You Met – Questions about how your relationship started and progressed prior to being married. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. If a waiver or other form of relief is granted, USCIS may approve your application for a Green Card if you are otherwise eligible. This is called “adjustment of status.”. The main purpose of this entire process is for immigration officials to verify and confirm that the marriage isn’t a sham to elude U.S. immigration laws and gain immigration benefits. You will receive an appointment noticed (Form I-797C). Generally, to be eligible to adjust status, you must be present in the United States after being “inspected and admitted” or “inspected and paroled” by an immigration officer. Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application. They are also looking to see if the U.S. citizen in the relationship can support the immigrant spouse. During this time, you may want to gather any additional documents that show proof of the relationship for your interview. What are some of the brands you use? To qualify for a Green Card, you must be admissible to the United States. Please note that these sample questions are not definite and an immigration officer can ask questions that are not listed below. Here is the breakdown: Important Note: On October 2, 2020, USCIS will be adjusting the fees for all immigration forms with some fees increasing and other decreasing. Making facts up is the quickest way to sabotage your own efforts. If you need to leave the United State temporarily while your Form I-485 is pending, please see the Instructions for Application for Travel Document for more information. It’s important to display that you and your spouse established a relationship and actually fell in love prior to being engaged then married. When walking into the building, officers will look at the demeanor of both parties as individuals and as a couple from the … You can find the fee schedule on the USCIS website. All told, your marriage-based green card timeline can take as little as seven months or as long as two years depending on your route and situation. What is your nightly routine before going to bed? Before beginning the process of filing a petition, it's best that you know all of your options. As the immediate relative of a U.S. citizen, the following ground of inadmissibility does not apply to you: If you are inadmissible, the law may allow you to apply for a waiver of inadmissibility or other form of relief. Green Card Renewal Form I-90; Lost or Stolen Green Card Form I-90; U.S. This is a very important document that proves you have permission to reside in the United States. You may be able to adjust status under INA section 245(i) even if you are subject to one or more adjustment bars and are therefore ineligible for adjustment of status under INA section 245(a). Copy of the Form I-797, Approval or Receipt Notice, for the Form I-130 petition filed on your behalf (unless you are filing Form I-485 together with the Form I-130); Copy of your government-issued identity document with photograph; Copy of your passport page with nonimmigrant visa (if applicable); Copy of your passport page with your admission or parole stamp (issued by a U.S. immigration officer) (if applicable); Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable). Take the time to review your relationship in entirety with your spouse. Citizenship Application Form N-400; Apply for U.S. Going through a process as tedious as a green card interview is not something you should do alone. For example, do you spend Thanksgiving with one family and Christmas with another? It can take longer if your file is undergoing an additional security review. For those that are not under a nonimmigrant status, consular processing will be required. Marriage Based Green Card Interview Questions. You cannot qualify for a Green Card as the derivative beneficiary based on the immediate relative’s application. No need to panic; this doesn’t mean that you answered your marriage-based green card interview questions wrong. ), I-485 filing fee, which varies depending on your age. These officials will ask you a series of marriage based green card interview questions as well as verify any forms and documents submitted in the couples filed a petition. What cell phone provider does your spouse use? Green card holders are formally known as lawful permanent residents (LPRs). Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization. Whether a waiver or other form of relief is available depends on the specific inadmissibility ground(s) that applies to you and the category you are adjusting under. Most married couples discuss these topics at least at some point in the first year. At the time of the appointment, the applicant is also required to confirm that the filed petition was complete, true, and correct at the time of filing by providing a digital signature. For more information on this requirement, see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, Chapter 2, Section A, “Inspected and Admitted” or “Inspected and Paroled”. If you are the spouse or child of a U.S. citizen’s immediate relative, you must independently qualify for a Green Card and file your own application. 90 days before your conditional marriage-based green card expires, you can file a petition to have the conditions removed. You will also be required to submit an affidavit of support, which comes with a fee only if you are in the U.S. How long was it before you decided to get married? For more information, see our pages on Concurrent Filing and the Form I-130, Petition for Alien Relative. But extreme hardship is notoriously difficult to prove. At a marriage fraud interview (also known as a stokes interview) an officer will place both spouses in their own interview room and you will each be interviewed separately. If the waiver is not granted, they will not be allowed to legally reenter the United States. Want to Feel at Ease About Your Marriage Green Card Case? (e.g. Your personal information is protected by our Privacy Policy. There are some limited exceptions to this eligibility requirement. The Green Card processing time depends on the type of Green Card you are applying for, the location of the processing office and other factors. Remember that the main purpose of this interview is to confirm the validity of your relationship. Top Tips for Sponsoring a Family Member Green Card, Getting a Marriage-Based Green Card With a Criminal History, How to Prove Your Marriage is Bona Fide for a Green Card. It’s understandable and normal that the marriage-based green card interview will make you nervous or stressed out. How often do you see each other’s families? This green card grants the immigrant spouse permanent residency in the U.S. which allows them to live, work, and study in the U.S. legally. For more information on applying for a Green Card when you are in the United States, see the Instructions for Form I-485 (PDF, 539.23 KB). If you have any questions or concerns before the interview, consult your immigration attorney. Many immigrant husband and wives, required to return home for their green card marriage interview, must seek a family unity I-601 hardship waiver. It can be renewed no less than six months prior to expiration for the immigrant spouse to maintain his or her legal residency. Subscribe to receive the Latest Immigration News by email. This list is not exhaustive. Here is a comprehensive list of the items required to apply for a green card: If you are a U.S. citizen within the country through lawful admission/parole, you will need the following: So your green card petition was approved. This is called “adjustment of status.”. Congress has enacted laws that determine how U.S. citizen parents convey citizenship to children born outside of the United States. In those two years, the immigrant spouse must prove that he or she did not get married fraudulently to enter the United States and illegally disregard immigration laws. If the immigrant spouse is in the United States, he or she will be placed into removal proceedings for possible deportation back to their home country. If you are currently outside the United States, see Consular Processing for information about how to apply for a Green Card as an immediate relative. Tips for a Marriage Based Green Card Interview. For information on the grounds of inadmissibility and waivers, please see USCIS Policy Manual Volume 8, Admissibility, and Volume 9, Waivers. If you are currently under a U.S. visa status, then you can choose to adjust your status through the I-485 form, which takes an additional six months to process. Your immigration officer may ask you some, all, or none of these questions. © 2021 SGM Law Group. A green card for your immigrant spouse is more commonly known as a marriage-based green card and has special immigration priority. Tags: For further information, see our Employment Authorization and Travel Documents pages. A conditional marriage-based green card cannot be renewed and is only valid for two years. All Rights Reserved. One of the most stressful parts of this process is the interview. You should be able to account for many details of that day. The relationship to the family member who filed. An experienced lawyer specializing in immigration cases can provide insight on marriage-based green card interview questions as well as offer important general information. For more information, please see USCIS Policy Manual Volume 7, Adjustment of Status, Part B, 245(a) Adjustment. If your marriage is less than two years old at the time of approval, you will be given what’s known as conditional rather than a traditional marriage-based green card. Below are a few sample categories and marriage-based green card interview questions that each partner in a relationship should know about one another. A .gov website belongs to an official government organization in the United States. If you are currently in the United States and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country. Who typically rises earlier in the morning? In general, USCIS can only approve your Green Card application if none of the grounds of inadmissibility apply to you. The requirements for getting a green card through marriage are slightly different depending on whether you are marrying a US citizen or a US permanent resident. Secure .gov websites use HTTPS When walking into the building, officers will look at the demeanor of both parties as individuals and as a couple from the moment they enter the building until the time they leave. If you are an immediate relative of a U.S. citizen, you can become a lawful permanent resident (get a Green Card) based on your family relationship if you meet certain eligibility requirements. Petition for Alien Relative (USCIS Form I-130), Application to Register Permanent Residence (USCIS Form I-485), Biographic Information (USCIS Form G-325A), Permission for Work Authorization (Optional) (USCIS Form I-765), Medical Examination Results (USCIS Form I-693), Request for Travel Documents (Optional) (USCIS Form I-131), File Form I-130, Petition for Alien Relative, To remove the conditions on a green card based on marriage, you must file, Proof of citizenship for sponsoring spouse. The Diversity Visa Program, or "Green Card Lottery," is an annual lottery run by the U.S. Department of State to allow about 50,000 people a chance to get a permanent resident visa to the USA. If your petition is approved, then your passport will be returned to you with the conditional green card printed inside, allowing you and your spouse to enter the U.S. as legal permanent residents. To learn how we can help you apply for a green card through marriage, fill out the free immigration consultation form. It will be conducted by immigrant officials with the purpose of verifying the validity of the marriage. It’s not uncommon for a United States citizen to begin and continue a relationship with an individual that does not have permanent residence in the U.S. Seeking legal assistance eases the stress and burden of the entire process. Why did you decide to have a long or short engagement? A green card, known officially as a permanent resident card, is an identity document which shows that a person has permanent residency in the United States. Please also see our page on Form Filing Tips. If your interview has raised any suspicion when answering marriage-based green card interview questions, you will be asked to come back for a second interview. For example, if the immigration official asks each of you the date of your wedding and one says June and the other says July, that will further suspicion that your marriage is fraudulent. As of 2019, there are an estimated 13.9 million green card holders of whom 9.1 million are eligible to become United States citizens. However, for most applicants, the cost will be $1,225, which includes the $1,140 filing fee and the $85 biometrics fee. What’s your spouse’s best friend’s name? You and your spouse are able to check the status of your green card case by entering your case number into the USCIS Case Status Search. Relationship– these questions usually deal with the intimate details of your marriage. There a several benefits to getting a green card through marriage. I will make these differences clear throughout this guide. However, it could take substantially longer or shorter depending on the caseload the service center that is processing your petition and the complexity of your case. Just remember to remain calm and honest throughout the interview. Can I Work While Waiting for a Marriage-Based Green Card? However, if you find yourself in one and your relationship is legitimate, then just stick to the facts and remain calm. A waiver is available to people who can demonstrate that if they are not granted the requested immigration benefit, such as a green card, their U.S. citizen or lawful permanent resident spouse or parents would suffer extreme hardship. What types of entertainment do you both enjoy? How Long Will the Green Card Take to Process? If you remain in the U.S. after the expiration of your green card, you will be at risk for deportation. A spouse is eligible to obtain a green card for an immediate relative of a U.S. citizen. What do you both typically eat for breakfast? You must submit the correct filing fee for each form, unless you are exempt or eligible for a fee waiver. toothpaste, shampoo, deodorant, etc. You should submit the following documentation and evidence to apply for a Green Card as an immediate relative who is already in the United States: Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94; Note: Certain forms, including Form I-485, have a filing fee.