Marriage Green Card Red Flags But They Get Increasingly Surprising!

When you're applying for a marriage based green card, what are some of the most surprising red flags that immigration looks for? Having a red flag in your case does not necessarily mean that your case is going to get denied but it does mean that USCIS is going to scrutinize your case harder and you need to do extra work to prove that you're eligible and to prove that your marriage is real.

In this video, I am going to share the biggest red flags that USCIS looks for. Starting with the most obvious ones and working my way to some things that may surprise you. And as a bonus at the end of this video, I will give you my tips for overcoming the red flags that I have discovered in my 14 years as an immigration attorney. So let's start with some of the most obvious ones in your marriage green card case.

Having a Criminal History

The first and maybe most obvious red flag in an immigration case might be criminal history. If either the petitioner or the beneficiary has criminal history of any sort, then USCIS can consider this to be a red flag. Now not all crimes are considered to be equal by USCIS and some are taken a lot more seriously than others.

Example of things that can be taken more seriously and can cause a definite problem in your case are things like:

-Drug trafficking

-Sex trafficking

-Child abuse

-Burglary

-Any type of violent crime

Having these on your record may pose a serious barrier to getting any immigration relief. On the other hand, minor offenses such as:

-Traffic tickets

-Disorderly conduct

-Small possession of marijuana may not be as much of an issue

However, I always advise that if you have ever had any sort of encounters with law enforcement, even if they never resulted in an arrest, get your case checked out by an attorney for a proper evaluation of all of the charges or dismissed cases.

History of Marriage Green Card Filings

Another obvious flag might be if you have had a history of marriage-based green card filings. And this applies to both US citizens and to the people that they are trying to sponsor. If you are a US citizen that has been married multiple times and you have filed multiple green card applications for spouses in the past, then this can definitely raise some eyebrows at USCIS and cause your case to get scrutinized to make sure that your marriage is a real marriage.

And on the other hand, if you are a foreign national beneficiary who has had a history of repeated marriages along with repeated green card cases being filed through those marriages, then this will also be a red flag for USCIS. It's not going to look good, I can tell you that right now, but it can be overcome. USCIS might think that you have been trying to game the system to get an immigration benefit and thereby the burden is going to be you to prove otherwise.

Language Barrier With Spouse

The next obvious red flag is if you and your spouse have a language barrier. It's understandably probably very difficult to build a deep and meaningful relationship when you and your spouse don't understand each other. Therefore, if you cannot communicate in the same language, then this is going to be a very strong red flag to USCIS.

That being said, love is love and it's definitely true that people figure out how to communicate even if they don't have the ability to speak the same language. And sometimes you can still understand each other, just you can't speak as fluently as you'd like. So it's not necessarily an impossible obstacle to overcome.

However, it will raise red flags and it will raise eyebrows because understandably so, the USCIS officer is going to have a hard time believing or understanding how they can understand each other.

Religious and Cultural Differences

The same goes for any religious differences or any large cultural differences. Immigration officers are notoriously traditional, stiff-minded, and boxed in when it comes to their thinking of what may constitute a real marriage.

So when they see people from two different racial backgrounds, two different cultural backgrounds, or even two different religious backgrounds, this can raise suspicions in them and cause them to cast doubt upon the validity of your relationship.

Significant Age Difference

The same also goes for significant age differences and honestly to me in my practice, this has been the biggest issue in cases where a petitioner and beneficiary have a significant age difference.

The USCIS guidebook actually says that an age difference of 10 years or more should be looked upon with suspicion and should be seen as a potential sign of fraud, especially where it is the female applicant who is older than the male if it is a traditional marriage.

However, I can tell you that over the past 14 years of dealing with marriage green card cases, I have gotten several cases approved where there has been significant age differences between both the petitioner and beneficiary, especially if it is a traditional marriage where the woman is actually more than 10 years older than the male applicant.

This of course is going to cast some suspicion, but the best policy is to expect this and be prepared to explain the age difference and be prepared to show how your marriage is real despite the large age gap.

You Don't Submit Enough Evidence

Another big red flag may be if you don't submit as much bona fide marriage evidence with your initial case. You may be surprised to know that USCIS may immediately think that your case is suspicious as a result, but it's true.

When you file your immigration case without a lot of evidence, this is also going to cast a red flag upon your case. And it's really interesting because many couples who think that they don't really need to do much to prove their marriage because it's real, so why would USCIS question them? They actually don't put in enough work and don't put in enough documentation thinking that they should be able to get by.

However, with immigration, no one is above the law and no one is above suspicion. It's a mistake to think that just because you are so in love with your spouse that immigration will believe the same. You still need to go through all of the steps step by step, build your case and submit it strongly. They're not going to approve your case based upon the strength of your feelings, so make sure you try to get your case approved and the strength of the documentation instead.

It's critical that you provide more evidence than you think you might need.

Creating Evidence Right Before You File

And speaking of red flags, our next biggest red flag is creating a bunch of evidence right before you file the case. It's not uncommon for persons in fraudulent marriages to manufacture a bunch of evidence in the month or two right before they file their case. And if your evidence does not go a long way back, then this can be a red flag for USCIS.

Now what happens though, if you have just gotten married and you just are now able to combine certain accounts together, that's okay. Then you want to be very judicious about what type of evidence you submit and the quantity of evidence and there is a fine balance to strike. Definitely be careful of submitting affidavits from witnesses that look like they're scripted and also be careful of submitting photographs that look like they're staged.

Normal couples who have been together for a while or who have had a relationship gradually evolve are going to have many different types of evidence from different time periods and of different natures.

So if all of your evidence looks the same, sounds the same, smells the same, then they're gonna smell it as fraud. So start collecting your evidence as early as possible during your relationship.

Your Marriage Appears To Be Secret

Next, your marriage may also get flagged as a red flag if your relationship appears to be a secret. What do I mean by this?

If you've never introduced your spouse to your friends or family, you've never taken pictures, you've never posted pictures, and you've never spoken to your parents about your marriage, then this can definitely come off as a red flag. Normally people in genuine relationships do take the time to introduce your spouse to people that they are close to.

So even if your spouse has not been introduced to your parents because you are estranged from them or because you know that they're not going to approve your relationship, still take some steps to introduce your spouse to other people that you are close to who can help vouch for your relationship. If USCIS does not see evidence of your spouse meeting some family that you're close to, then they will be suspicious of your marriage.

Filing Too Soon After Meeting

Similarly, if you rush to get married and then rush to file for your green card after tying the knot, USCIS will also consider this as a sign of fraud. Filing for a green card right after meeting and right after getting married may imply to the officer that you only got married for the purpose of immigration benefits. The same also goes for people who get married shortly after their visa expires or shortly after they enter the US. Also for persons who get married while they are in removal proceedings.

If the timing is too convenient, then USCIS is going to question it.

So now we're going to get into some more surprising red flags that you may not have considered.

Inconsistencies In Your Case

First, if you have inconsistent information between your application, things that you have submitted in the past, and information that you provided at the interview, then this can be flagged as something wrong with your case. Even if it's a simple mistake, USCIS can sometimes treat discrepancies as material inconsistencies that show fraud.

Sometimes you might give the wrong marriage date at your interview or you might have written an address incorrectly on your application. Even though sometimes these can be natural mistakes and can be corrected, it can cast suspicion upon your case. That's why it's best to make sure you review your case as closely as possible before you file.

Being From Certain Countries

Okay, another surprising red flag that people may not realize may pose a red flag is simply being born in a specific country. USCIS does flag cases from specific countries more than they do others and the list of these countries include China, India, Philippines, Nigeria, and Jamaica. And this is very unfortunate because sometimes this can be drawn according to racial lines.

For example, I rarely see my clients from the UK, Ireland, or Spain have problems. Essentially, the lower the economic status of your home country, the more suspicion that USCIS officers may have. It is a biased and unfair system. Unfortunately, this is how it does work.

You Met Your Spouse Online

Next, an even more surprising factor may be if you met your spouse online. The concern is that foreigners may abuse dating sites when they are desperate to find an American citizen to marry. Not only that, if you have been having a long-distance relationship online, then it can be very hard to gather evidence to prove that your relationship is real.

Being Nervous At Your Interview

Next, this may come as a surprise, but USCIS actually considers signs of being nervous at the interview as a sign of fraud. They can also be suspicious if your answers sound like they were rehearsed. This is because they believe that genuine couples should be able to discuss details naturally without a lot of preparation.

I realize that this is not great news if you tend to get nervous in high pressure situations, but it is best to maintain good eye contact, good composure, and not fidget too much and try to not sweat too much during your interview. And if you really like to prepare, then definitely prepare, but just don't memorize or rehearse answers.

If you're interested in learning more, I will include a link here to one of my videos discussing the most commonly asked questions at USCIS interviews.

Showing Too Much Affection At Interview

Okay, another surprising red flag is if you act too lovey-dovey during your interview.

Public displays of affection are not actually going to help you as much as you might think, and they're going to be suspicious of seeing you rub up on your spouse, hold hands too much, and be too kissy-kissy in front of the immigration officer. Because most people naturally do not behave this way in an immigration proceeding. They will interpret this as you try to put on a show that your relationship is real.

So no matter how much you want to share your love with the world about how much you love your spouse, save it for after the interview.

Submitting Too Much Evidence

Next, another surprising red flag might be if you have too much evidence. Yes, there is such a thing as too much evidence.

Again, USCIS is going to take it as a sign that you are trying way too hard. And if you're trying so hard, then you might have something to hide. So again, the amount of evidence that you should supply is really going to require that you find the right balance.

I have even had USCIS officers issue RFEs simply because we provided too much information. So you don't want to send too much, and you don't want to send too little. You want to send just the right amount. To know exactly how much evidence to send, stay tuned until the end of the video for my ultimate guide for marriage, green card evidence.

And coming up, I am going to share my expert tips for overcoming your red flags in your case.

My name is Moumita Rahman, and I'm an immigration attorney, and I have been practicing immigration law for the past 14 years. Even though I am based in New York, I work with clients all over the U.S. So no matter where you are, you can give our office a call at 212-248-7907. We're with our clients every step of the way.

Tips For Overcoming Red Flags in Your Case

Okay, so what are some of my pro tips for overcoming red flags in your marriage case? Well, it really depends on what type of flag it is.

For example, if you have a language barrier, then you might want to take steps to show exactly how you and your spouse understand each other. Are you using translation on your phone? Are you taking language classes? Include some of this evidence in your case.

If you had a quick courthouse wedding, then you might want to show evidence showing how you celebrated with your close ones after getting married. And if you don't live at the actual same address, then you might want to affirmatively include explanations and evidence of why exactly you cannot live together right now.

Provide an Explanation

In most cases, the type of evidence that you should need should be obvious. And in reality, what you usually need is a very good explanation. Sometimes these are not things that you can provide evidence of with your application, but rather things that you need to explain during your interview.

On the other hand, other complex red flags like criminal history or prior green card applications really require a lot more work. It's always a good idea to speak with an immigration lawyer and have them help you file your case if you have any red flag at all. Some red flags could easily result in a denial and can also end up causing you to be put into removal proceedings. So please get help and consult with an attorney before you file anything with USCIS.

Continue Collecting Evidence After You File

It's not uncommon for some clients to provide bank statements with only one transaction. And when I see this, I tell clients start using your bank account regularly. Think about how bad this is going to look from the perspective of USCIS.

So make sure that if you have a bank account and you don't have a lot of history on it when you file, start using that account regularly so that you have more statements to submit for any requests for evidence or at the time of the interview.

And as you collect evidence, make sure you try to show how it progresses over time. That means doing things like taking pictures throughout the year and collecting statements every month. This makes your evidence so much stronger and you'll be happy when your case gets approved.

Review Your Case Carefully

And finally, before you submit anything to USCIS, make sure you double and triple check everything and make a full, complete copy and scan of every single piece of paper that you file. Like I said, inconsistencies in your statements as compared to other applications and things that you say at the interview can be held against you. So you want to make sure at the very least you know everything you submitted to USCIS when you show up for your interview.

And also make sure that you sit down with your partner and go through the list of most commonly asked questions at immigration interviews so that you can both get on the same page. Review things like the details of your relationship and the timeline of history of your relationship. This is the place that most genuine couples can't even get right.

So if you are going for your marriage interview, make sure you practice these things and get on the same page.

Work With an Immigration Attorney

And regardless of what red flags you may have on your case, it is always a good idea to talk to an immigration attorney about your options. Having an experienced immigration attorney by your side is going to help you determine the type of evidence that you may need, the red flags to overcome, and how much evidence to include.

And to find out how much is right, watch the Ultimate Guide to Proving That Your Marriage Is Real. In it, I explain exactly what sort of evidence you should have and how much you may need. I explain the difference between primary evidence and secondary evidence, both of which are necessary to get your case approved. So be sure not to miss it.

I'll include a link to that video above. Click to watch and I'll see you there.