Will my USCIS Marriage Green Card Adjustment of Status Interview be Waived?
As a New York immigration lawyer, I always get asked if USCIS will waive interviews for our client’s marriage green card Adjustment of Status case. It’s been an amazing run these last two years as 98% of our interviews have been waived. However, after President Trump takes office on January 20, 2025, we do expect that interviews will resume a few months into his new term. This change will undoubtedly strain USCIS’s resources, likely leading to increased processing times and backlogs for marriage green card applicants.
Why Would USCIS Decide to Schedule an Interview for a Marriage Green Card Case if Most Marriage Green Card Interviews are Being Waived?
Understanding the distinct legal concerns related to the I-130 Petition for Alien Relative and the I-485 Application to Adjust Status is crucial for navigating the marriage green card process successfully. While the I-130 focuses on establishing the relationship between the petitioner (U.S. citizen or Green Card holder) and the beneficiary (foreign spouse), the I-485 marriage green card adjustment of status evaluates the admissibility of the foreign spouse into the United States. Let’s explore this in detail:
I-130 Petition: Legal Concerns for Marriage Green Card Cases
The I-130 Petition for Alien Relative is primarily concerned with proving the validity of the marriage for a marriage green card application. Here are some key legal concerns:
Proof of a Bona Fide Marriage: The petitioner must provide solid evidence that the marriage is genuine and entered into in good faith, not just for immigration purposes. This involves presenting documents like shared finances, photos, and affidavits, which a New York immigration attorney can help you compile effectively.
Eligibility of the Petitioner: The U.S. citizen or lawful permanent resident petitioner must be eligible to file the petition. For instance, certain criminal convictions may disqualify them from sponsoring a marriage green card as per the Adam Walsh Act.
Legal Status of the Marriage: USCIS examines whether the marriage is legally valid, which is vital for the marriage green card process. A New York immigration attorney can ensure that all prior marriages have been legally terminated and that no issues such as bigamy arise.
Prior Immigration Fraud or Misrepresentation: If there is any past immigration fraud, it could impact the marriage green card case. This is why consulting a New York immigration attorney is crucial for proper guidance.
I-485 Application: Legal Concerns for Marriage Green Card Applicants
The I-485 application assesses whether the foreign spouse is admissible for a marriage green card. Even with I-130 approval, inadmissibility grounds can lead to denial. Key legal issues include:
Inadmissibility Due to Unlawful Presence: Unlawful presence can impact eligibility for a marriage green card, making legal representation from a New York immigration attorney essential for seeking waivers if necessary.
Criminal History: Certain criminal convictions can make an applicant inadmissible for a marriage green card. Even minor offenses might need careful analysis by a New York immigration attorney to ensure they do not affect the application.
Public Charge Concerns: USCIS evaluates whether the applicant is likely to become a public charge, which can complicate the marriage green card process. This is where a New York immigration attorney can assist in addressing any financial concerns.
Health-Related Grounds: Health concerns, such as communicable diseases, can result in inadmissibility. A thorough medical examination is part of the marriage green card process.
Why an Interview May Still Be Scheduled Even After I-130 Approval for a Marriage Green Card Case
Even after I-130 approval, USCIS might still schedule an interview for the I-485 application for a marriage green card due to different legal standards:
I-130 Approval Doesn’t Guarantee Admissibility: An approved I-130 only confirms the relationship’s authenticity. It does not address whether the beneficiary qualifies for a marriage green card based on admissibility.
Further Scrutiny of the Bona Fide Relationship: Even with I-130 approval, the I-485 interview may include questions about the relationship’s authenticity, especially if there were red flags. A New York immigration attorney can help prepare you for this stage of the marriage green card process.
Review of Updated Evidence: The interview might involve reviewing new evidence, such as joint tax returns or recent photos, to confirm the ongoing nature of the marriage for the marriage green card application.
Case Study 1: The Tourist Visa Dilemma
Background:
Sarah, a UK citizen, came to the U.S. on an ESTA to visit her boyfriend, Mark, a U.S. citizen living in New York City. During her stay, they decided to get married and file for a marriage green card through the adjustment of status process. Mark contacted me as their New York immigration attorney, concerned about whether Sarah’s ESTA entry could complicate their case.
Issue:
USCIS approved the I-130 petition, confirming the marriage’s legitimacy. However, they scheduled an I-485 interview, citing potential visa fraud concerns since Sarah had entered on an ESTA and married her boyfriend two weeks after she arrived. There was a suspicion she might have misrepresented her intent when she entered the U.S., as she got married shortly after her arrival which is a violation of the 90-day rule.
Solution:
We prepared extensively for the I-485 interview. I advised Sarah and Mark on how to address the visa intent issue honestly, and we presented strong evidence of their relationship predating Sarah’s ESTA entry, including photos, travel records, and affidavits from friends and family. By demonstrating that the decision to marry was spontaneous and not pre-planned before her entry, we successfully dispelled USCIS’s concerns.
Outcome:
Sarah’s marriage green card was approved at the interview, and the couple was able to move forward with their life in the U.S. without further delays. This case underscores the importance of transparency and thorough preparation, especially when dealing with complex immigration issues like visa intent. Having a knowledgeable New York immigration attorney made all the difference in navigating this tricky situation.
Case Study 2: Overcoming Red Flags in a Marriage Green Card Case
Background:
David, a U.S. citizen, and his spouse, Lina, a foreign national from China on an F-1 student visa, sought my help for their marriage green card application. They had been dating for only ten months before getting engaged, which raised a red flag due to the short length of their relationship. As a New York immigration attorney, I knew this could trigger additional scrutiny from USCIS.
Issue:
Despite providing substantial evidence of their relationship for the I-130 petition, USCIS scheduled an I-485 interview. They wanted to verify the authenticity of the marriage, particularly because of the short dating period and the fact that Lina’s student visa was nearing expiration at the time of filing. USCIS was concerned that the marriage might have been a convenient way for Lina to remain in the U.S.
Solution:
I guided David and Lina in gathering updated, compelling evidence of their bona fide relationship, including joint bank statements, a lease agreement in both their names, new photos with family and friends, and a whole host of creative ways to prove their relationship. I also prepared them for the interview by conducting a mock session that addressed potential questions USCIS might ask, focusing on details of their relationship timeline and their future plans as a married couple.
Outcome:
The I-485 interview went smoothly, and the officer was satisfied with their responses and updated evidence. Lina’s marriage green card was approved, allowing her to continue her studies and build a life with David in New York. This case highlights how effective preparation and detailed evidence can help overcome red flags, especially when guided by an experienced New York immigration attorney. Of course I gave them my intense one hour mock interview session which clients always say was much more difficult than the marriage green card interview by the USCIS officer!
While the I-130 establishes the validity of the marriage, the I-485 application determines whether the foreign spouse qualifies for a marriage green card. Even with a strong relationship, factors like immigration history or health concerns can complicate the process. Having a seasoned New York immigration attorney guide you through these distinctions can help you avoid surprises and strengthen your overall case.
Your journey matters to us because we've been there, and we're here to help you every step of the way. Let's make your dream a reality together. With the right approach, the marriage green card process can help you build a future in the U.S. with your spouse while allowing you to achieve your immigration goals. We meet our clients where they are! Should you or your loved one have any questions or need representation, please do not hesitate to contact us. Although we are located in New York City we represent clients all over the 50 states of the US. Call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation. We have represented many clients with successful results even with the most difficult set of facts.