THE MARRIAGE FRAUD INVESTIGATION

A young couple came to my office recently with  a  familiar story.  The husband, a United States citizen, sponsored his  wife for the Green Card.  As she entered the U.S properly, with a visa, she  was  allowed  to  "adjust her status" in the United  States.   Basically this  means  that she would be receiving her Green  Card  without having to leave the country.

An  application for adjustment of status was filed, and an immigration interview date scheduled.  

At the interview, they were nervous and the husband kept on forgetting simple facts about the marriage. In  a  short while the interview was over. Apparently the immigration official suspected that this was marriage of convenience.   The  immigration officer took   the  passport  and  stamped it.  The  stamp read   "245 interview."  The applicants were escorted out.  As a parting word the interviewer said, "You will be notified through the mail."

The following may trigger suspicion of fraud:

• Petitioner and petitioner are of different race or national origin;
• Petitioner and petitioner have different addresses.
• The couple do not speak the same language.
• There is a big difference in age between the Petitioner and petitioner.
• They have a difference in the cultural and religious background.
• Great diffrence in  in educational level between the couple
• The application was not properly prepared and may contain inconsistencies.

Understand that it’s not one of these factors that could trigger a marriage fraud
interview, but a combination of factors that leads the immigration examiner to
suspect that the marriage is  not “bona fide.”  It appears that the couple entered
into the marriage to evade the immigration laws.

Months passed and finally a letter arrived directing them to appear for a second interview. They show me the notice and  asked me what to do, what to say, what is going on.  And I explain:

The  first  interview is the standard interview  and  should have  been their last but obviously the examiner was  not satisfied.  Instead of denying the application on the spot, which they have  been known to do, the case was forwarded to the  investigations  unit of the United States Citizenship & Immigration Service (USCIS)  for  a  second interview  called a "Stokes" interview. 

A Stokes interview is recorded and the parties are separated. The USCIS officer will thoroughly scrutinized the husband and wife in an attempt to arrive at the "truth." After all persons, including the attorney states his name and address the examiner asks whether any documents  are being submitted in support of the petition.

This is a good opportunity to "stuff" the record  with documents  in your favor.  Remember that the decision to deny or approve can  only be based on the evidence in the record of proceeding.    

Examples of appropriate documents are:  birth certificate of children,  leases for apartments which indicate both names  along with  rent receipts, life insurance policy showing the spouse  as beneficiary,  joint  bank  account, cancelled checks showing both parties use the checkbook, joint credit cards,  family  medical  insurance, letters  from  the employer (on their letterhead,  signed  by  an official  of  the firm stating date  employment  began,  marital status, and whom to notify in case of emergency), copy of  income taxes  (filed jointly if they were married at the time filing  is required),  and photographs of the wedding and other  photographs since marriage.

Once the documents are submitted, the actual interrogation of the couple really begins.   First, one is taken into a room with only  the  immigration examiner and  lawyer  present. 

The examiner begins  by initially asking innocuous and simple questions.  Eventually the questions  become more  detailed,  more personal delving into all  aspects  of  the couples relationship.  Questions range from who woke up first this morning to what side of the bed you sleep on.  Questions about other family members, such as mother, father, sisters and brothers are common.  They may even ask to see the keys in your pocket and ask what each key is used for.  They may ask that you empty your wallet and look at the papers and documents you carry.  They are always searching for discrepancies, such as a driver’s license with a different address.

When  the the first person's questioning  is completed,  the other spouse is  questioned  in  the same fashion. Again,  with the lawyer  present.   The identical  questions  are asked again.  This time to see  if the answers  are substantially the same.  The attorney listens  carefully for any inconsistency and if necessary, re-words the  question or clarifies it in order to assist his client.  The attorney is there to take notes in preparation of a future appeal should it become necessary.

Once the second spouse has been questioned then both people are brought together.  If there were discrepancies or inconsistencies in the individual answers the parties are asked to explain.  Here again the lawyer may be able to assist in clarifying the questions and answers given.

If  all  the doubts of the official are satisfied  then  the petition should be approved.    

If  the examiner still believes that the  couple  only  got married to get a green card they are sent home without an approval and will eventually get a notice of  intent to deny in the mail.  The parties have another chance to explain the discrepancies to the USCIS.  If they are satisfied with the answers, they may either approve the case or send it back for another interview.  If  it is denied an appeal can be made,  If the appeal is denied, many cases are forwarded to the deportation unit to commence deportation proceeding. During the deportation proceeding the couple has yet another opportunity to present their case to the judge and be granted the Green card.

Marriage fraud interview usually happen on any of the following situation:

• Interview by USCIS on the first notice for interview.  Usually this is a brief question and answer.

• Interview by the Consular officer in the home country of the Beneficiary.

• Second notice for interview by USCIS or Consulate Officer.  Thisa is the more detaoled interview.

• Interview by USCIS when Petitioner applies for removal of condition on residence under Form I-751.