Atty. Glenn Rose, Sep 13, 2006
Marrying a U.S. citizen will allow an immigrant to gain green card status as long as he or she has entered the country with a valid visa. Present CIS regulations allow adjustment of status to legal permanent resident even if the immigrant has become out of status by overstaying.
The rules have not changed. But, it is becoming more difficult to pass the marriage interview because the burden of proof to establish that the marriage is valid is increasing. For those who have entered into a marriage of convenience in order to get a green card there are now tremendous perils once the interview begins.
Immigration officers are increasingly on the lookout for marriages that are fraudulent. Quite simply, it is becoming harder and harder to pass a marriage interview. People in valid marriages are challenged to prove that they are really living together. They must provide compelling evidence such as bank accounts, joint tax returns, health insurance and other evidence showing both their names. They must convince the interview immigration officer that they are living and sleeping together. The questions about their personal relationship are now getting very intrusive. One question they always ask is how the husband and wife met. They want particular details regarding dates and places. Interviews are now taking place within about four months after the applications are filed. This gives little time for married couples to get documentary evidence together.
It is not uncommon for people to enter into marriages of convenience in order for an immigrant to gain a green card. Immigrants who enter into this type of arrangement are setting themselves up for potential disaster at a marriage interview.
Immigration officers are trained to ask questions and observe body language to figure out if the couple is really living together as husband and wife. Inconsistencies regarding addresses on driver’s licenses and places of residence are almost a sure giveaway that the couple is not living together. The inability to answer questions about living arrangements and personal relationships will cause a lot of trouble. Hesitation in answering questions will cause the officer to redouble efforts to “trip up” the interviewed couple. The questioning officers have seen every trick in the book and they are extremely proficient at determining if a marriage is fraudulent.
The final strategy by the immigration interviewer is to split up the couple and ask one numerous questions about their private living arrangements. Then the other spouse is brought in alone and asked the same questions. If they suspect the U.S. citizen spouse was paid or received some other type of compensation for the marriage, they will threaten him or her with a heavy fine and prosecution, which would lead to jail unless he or she confesses.
In convenience marriages, this is the point where disaster occurs because the U.S. spouse often breaks down and confesses. The immigrant spouse is then brought in and often arrested by immigration officers right on the spot and becomes subject to deportation.
I advise persons who are in a marriage of convenience to see an immigration attorney prior to any interview. Lately, the immigration service has been relentless in trying to discover marriage fraud. Denial of adjustment based on fraud is now resulting in probable arrest at the interview and deportation proceedings. Although some people (in a marriage of convenience) do pass the interview, the risk is high that a fraudulent marriage will be detected. I advise any couple to insist upon an attorney if they are told to split up for separate interviews.
Do not be intimidated by any threats by the immigration officer because it is your right to have an attorney with you at the interview. If they tell you that each must be interviewed separately, insist on a postponement until you can have an attorney with you. They are required to grant you time to get an attorney despite their threats.
Attorney Glenn Rose represents clients at marriage interviews on a regular basis. He is a member of the American Immigration Lawyers Association (AILA) and American Bar Association (ABA). He was born in the Philippines and immigrated to the U.S. and is now a naturalized U.S. citizen. His office is located in downtown San Francisco at 580 California St. His web site on the Internet is: www.immigrationlawattorney.com
