Coming to America: An attorney's commentary on US immigration law

So what are they going to ask me for at my immigration marriage interview?

Immigration clients who come in for their initial attorney consultation always want to know what they will be asked to show at their interview as evidence of their marriage.  I believe that the best way to succeed at the interview is to begin preparing far in advance.  Generally, the USCIS is looking for items containing both the husband's and wife's names.  After we file our clients' applications, we provide them with a list of instructions which includes suggestions for items that they may want to collect as to use as evidence of their good faith marriage at their interviews.  Some examples of documents or items containing both names include: auto insurance, health insurance, leases or mortgage/deed documents, joint bank statements, joint investments or credit card accounts, life insurance where one party is the beneficiary of the other's policy, wills, income tax returns, joint credit card statements, joint utility bills, birth certificates of children born of the marriage, wedding and other photographs, etc.  The list can go on and on, but you can see the gist of what serves as good evidence.  Once this evidence is collected, it has to be sorted for relevancy, copied and organized.  If you make the interviewing officer's job easy by coming to your interview prepared and organized you will see that they can make your life easier in return.

Options for Fiancées - The K-1 Visa

Now that our readers are familiar with the process of immigration through marriage, we will discuss pre-marriage immigration options.  Consider the scenario.  You are a United States citizen, you are engaged to a person who lives outside the United States and who otherwise cannot obtain a visa in the United States.  You could get married abroad and have your spouse process for his or her permanent residence at the United States Consulate in their home country.  However, you may feel that you would like for your fiancée to take the opportunity to experience life with you in the United States before you marry.  In this case, you would opt for the K-1 fiancée visa.  This process requires that you have seen your future spouse in person within the past two years and show proof of a relationship, such as phone records, e-mails, etc.  The United States citizen files a petition in the United States with the required information and evidence.  When the case is approved, the United States Consulate in the foreign fiancée's home country is notified.  Additional paperwork, a medical exam and an interview are completed at the Consulate.  Once the foreign fiancée is issued his or her K-1 visa, he or she has four months in which to enter the United States.  Once the foreign fiancée enters the US, the couple has 90 days in which to marry, otherwise the foreign fiancée must return to his or her home country.  Once married, the couple applies for the adjustment of status (green card) for the foreign spouse.  The green card process through marriage is discussed in more detail in the prior day's article.

Immigration through marriage

Since the first comment to our blog came from a client who obtained her immigration status through marriage, it seems a fitting category to discuss.  Generally, when a foreign national marries a United States citizen, that person can obtain permanent residence (otherwise known as green card) status through this process.  If the foreign national is in the United States, the process is known as adjustment of status and if they are outside of the United States, they go through a process known as Consular Processing at the United States Consulate in their home country. 

Since there is a great deal of fraud in these types of cases, we carefully screen potential clients to make as certain as possible that they are in a legitimate relationship for love as opposed to marrying a "friend" who is "helping them out".  Since we have handled these cases for many years, we are able to advise our clients about the process with a great deal of experience and insight into what the United States Immigration Service is looking for.  We first gather documentation and information from our clients and prepare all of the various applications and forms.  We then assemble these completed forms and evidence into a package that is filed with the United States Immigration Service. 

Once the case is filed, we provide our clients with the original receipts as well as information and suggestions on how to prepare for their upcoming interview.  This is done so that proof of the validity of their marriage can be gathered over time rather than scrambling at the last minute.  Before the interview, we meet to review the evidence and go through a dry run of the interview process.  In most cases, we attend the interview with our clients to make certain that the process is smooth and that our clients obtain the benefits for which they've applied.  The process can seem deceptively simple.  It does not have to be complicated if one prepares properly.  However, there are pitfalls along the way that an attorney looks out for from the beginning by knowing what questions to ask and how to best proceed.  For each interview, the government allots a half hour time frame.  Most of our cases are accomplished within 15 to 20 minutes because of the level of preparation that goes into each case prior to the day of the interview.  We will post further discussion about this process in the future.  In the meantime, those with questions may feel free to comment and we will elaborate on the process.