Under what circumstances might the USCIS waive the interview requirement?
If you have recently married a U.S. citizen, you have the ability to seek a green card through marriage. Green cards through marriage are one of the most common ways to become a permanent U.S. resident. With a marriage based green card, you can live and work anywhere in the U.S. and you will have permanent resident status, with which you could further apply for citizenship after three years. Traditionally, immigrants pursing a green card through marriage were forced to endure an interview to determine whether the marriage was valid. The interview process could be quite stressful. Now, the USCIS has announced that it may waive the interview requirement under certain circumstances.
The Green Card Through Marriage Interview
Typically, a green card will be issued conditionally to an immigrant spouse. It will be valid for around two years, after which time those seeking permanent resident status must prove the marriage was not a fraud. Usually, this will require going through an interview with the USCIS.
The marriage interview can be a nerve wracking process. During the interview, you and your spouse could be separated. You will be asked a series of question about your marriage, which can be quite personal. Common question topics include details about your wedding, your relationship, how you met, your daily routine, your personal habits, and much more.
Waiver of the Interview
Now, certain spouses could have the opportunity to avoid the dreaded interview process. To forego the interview, you must meet certain requirements. First, your application needs to show sufficient evidence that your marriage is authentic and not intended to avoid immigration laws. Next, there needs to be no indications of fraud within your Form I-751 or other documents. Next, the USCIS must have already interviewed the main petition of the Form I-751. Finally, there needs to be no complex issues that would require clarification by the interviewing officer.
For those couples with an uncomplicated marriage, the new USCIS policy change could drastically reduce the stress of securing a green card. If you should have any questions or need more information about the ways in which the U.S. Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact the U.S. Immigration and Nationality Lawyers at the NPZ Law Group – VISASERVE – U.S. Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x107). You can also visit our Law Firm’s website at www.visaserve.com.