What are the top 10 secrets to getting your marriage case approved? And what do you need to know to get your case done? Over the past 14 years, I have helped hundreds of couples successfully go through the marriage screen card process. And during this time, I have discovered the secrets to success that can make or break your case and can be the difference between a denial and an approval. Today, I am going to take all that experience and put it into this video, arming me with the knowledge that you need to be better prepared than 99% of all of those other people who apply.
So secret number one is file at the right time. I get asked very often, "How long do you need to be married before you file your green card case?" But that's not the question that you should be asking. You should be asking, "How long should I be in a relationship for before I file for a green card?"
Sometimes couples can be in relationships for years together before they even think of getting married. And in those instances, it is okay to find your case even the day that you get married or the day after. For me, that is not a problem. However, where you may run into an issue is, if you have recently met, recently started dating, recently gotten married, and then you very soon after file for your green card, then that may very well cast doubt and cast suspicion upon your application. Moreover, if you file your case too soon after starting your relationship, then you will not have a lot of marital or joint evidence to submit with your application, which can raise a red flag to immigration.
Also, you want to pay close attention on when you enter the US. For national spouses who file for a green card too soon after entering the United States, if you file for your green card within 60 to 90 days after the date of your entry to the US, then this may also cast suspicions upon your case. Because filing too close to your entry date to the United States may make immigration think that you entered the US just to stay and file for green card, which can be detrimental to your case. But also, if you are filing for a green card based upon the marriage to a green card holder, you will also want to make sure that you don't file too late. If you were married to a green card holder, then you want to make sure you are still filing your case before your status expires. Filing too late and waiting too long can actually disqualify you from being eligible to file for a green card.
The number one thing that USCIS is looking for when they receive your case is a bona fide marriage. The best way to prove this is with lots and lots of evidence. In other words, you want to let the evidence do the talking for your case. Many people mistakenly have the wrong belief that just because their relationship is real, or because they are married to a US citizen, or because they have been in a relationship for years, that they don't really need to do that much to prove their case. Do not make this mistake.
Even if you have multiple children together with your spouse, you still need to have lots of evidence in your case. You want to submit as much evidence as you can with your initial filing. Do not make the mistake of thinking that you'll just bring evidence with you to your interview because many times when immigration officers receive your case and they see immediately that there is not that much evidence, it raises many, many red flags and it will actually make for a much more difficult immigration interview where the odds will be stacked against you because immigration may already have the belief that you are in a fraudulent marriage.
Therefore, you want to include high quality evidence in your case. Some of the best evidence that you can include are joint tax returns, joint bank statements, joint rent statements, joint leases, joint insurance policies, joint credit card statements, and proof of children together. And some best practices that you should keep in mind are, if you have a joint bank account, make sure you have a decent balance in your account and that you use your account regularly. Have a place in your home where you can easily store and save your mail. Include anywhere from 50 to 100 photographs of events in your relationship that show the progress of your relationship over the course of time. I've created an entire video explaining what sort of evidence that you should collect for your marriage case. I'll include a link to that video here.
Next, don't leave anything to chance in your case.
Cases can take years to get approved, so you don't want to drag out the process by making careless mistakes. Make sure you double check everything before you submit. Keep a copy of every single piece of paper that you submit with your case, including the forms for your own records. Review all of your past immigration filings with USCIS to make sure that there are no inconsistencies.
Check the USCIS website to prepare a list of the required forms and documentation that you will need, including the I-130A, going through your Form I-130, your Form I-485 along with the Form I-864. And you can decide to file for an I-765 and an I-131 if you are willing to pay the additional fees.
Next, if you have ever been arrested ever in your life or had any sort of negative interaction with law enforcement, make sure you include documentation and proof of the final dispositions, even if the charges were dismissed or even if they happened 30 years ago, they want to know whether you have ever in your life had an arrest record. And make sure that you do not omit any of your children. Many people think that just because they have children from another marriage or if the children are above age 21 or if the children are not in the US, that they should not include evidence of this. But to the contrary, just like with your criminal records, if you have ever had a child, you must include proof of this child's existence along with your application.
This also goes for your past marriages and your spouses past marriages as well. Make sure that you have the proper documentation of the termination of these marriages. If you do happen to get denied for mistakes in these documentations, it will still remain in your file and the next officer who sees your case will see this information and it may still affect your future cases. So don't leave anything to chance and double check everything twice.
Next, get on the same page as your spouse. USCIS is waiving fewer and fewer interviews, which means that you may end up having an interview in your case. It is important that you and your spouse be on the same page about all the details of your relationship. And one of the easiest ways to get in trouble with this is to have an interview where neither you, nor your spouse can say the same thing and agree upon the details of your how we met story or of your relationship.
So make sure you review dates and locations and places of when you first met, where you had your first date, where your proposal happened, where you got married and how we celebrated.
Examples of some questions that USCIS may ask are: How did you meet your spouse? When did you meet your spouse for the first time? Where was your first date? When did you first start talking about marriage? Where was the proposal? When was the proposal? And who was present when you got married?
Even though you may be together for a long time, it is normal to forget these details or have different recollections of events. Therefore, I highly advise that you and your spouse get on the same page and hash out these details before you even apply for your case. And definitely you will want to do this before your interview.
Also, a small tip, your date of marriage is what is on your actual marriage certificate and not necessarily when you had your party or celebration for your wedding. Make sure that you also familiarize yourselves with each other's educational background or history background, family background and anything else that normal couples would know about. Make sure you're able to discuss your spouse's hobbies and interests as well as the names of important family members and important events in their lives, such as divorces or debts in the family.
Next, you will definitely want to prepare for your interview. In addition to your How We Met story, you will want to closely go through your entire application together to make sure you are aware of all the answers that we're given and what each other said on the forms.
In addition to your How We Met story, you will most likely get questions about your living arrangement at the interview, finances, your personal background and beliefs, your daily lives together, including how you have celebrated important milestone events such as anniversaries and important dates, future plans and if you are the foreign national spouse and questions on your inadmissibilities. AKA anything that may pose a barrier to you getting a green card legally speaking.
As with your relationship history, make sure you know all these details about each other and here's one little secret: Immigration officers love to ask you if you know why your spouse's prior marriage did not work out. I have never been on an immigration interview where one spouse was previously married to somebody else, where the immigration officers did not ask the other if they knew why their husband or their wives marriage to their first spouse did not work out. I have even seen the immigration officers ask if they know the name of the spouse or the ex-spouse, I should say.
I have an entire video diving into all the questions that may be asked in immigration marriage interviews. So I'll include a link to that video here so that you can be prepared for your marriage being card interview. Practice answering these and if possible do mock interviews. The interview is your chance to make up for any shortcomings in your evidence for any other problems that you may have and sometimes a good impression in your interview can go a long way and as well a bad impression that your interview can land your case in hot water.
It is important for you to pay attention to your body language, to your tone of voice and to your eye contact. Immigration officers love good eye contact and in fact when you do not have good body language, if you're fidgeting or shaking too much and if you are not making proper eye contact with the officer, these can often be seen as signs of fraud. Therefore you want to prepare even down to these small details.
If you have done all the above, including sending a good amount of documents and the right documents, prepare for your interview, get on the same page as your spouse, closely review your case so that nothing is left to chance then you should be able to walk you into your marriage interview with the right mindset and with confidence. You should arrive with the assumption that you're going to get approved and this is just a conversation.
Rest assured that your officer is not going to deny you just because you are missing one document or because you may have gotten just one question wrong. They are trained to look at your case as a whole. So if your marriage is bona fide and was made in good faith and you are properly prepared, then they'll be able to tell and they will appreciate that. If you get separated for your interview, don't freak out. It's normal in some cases and in some jurisdictions for officers to give a stokes interview and it doesn't necessarily mean that you will be suspected of fraud.
Next, make sure you arrive early but not too early.
These days, most immigration officers will not allow you to come into the building until you are within half an hour of your appointment time. Many times I will see people come way too early, sometimes two hours early and this may actually add to your anxiety. I always advise my clients to arrive maybe at most 45 minutes before the appointment time. That way they will have enough time to get to the building, park and relax for a few minutes before entering the premises. Also, make sure you bring copies of all of your documentation, even things that you have already submitted so that if the immigration officer says that they cannot find something or they do ask you for something, you will have a copy on hand to give to them.
When you start answering questions, sit up straight and make eye contact with the officer. Don't be touchy-feely with your spouse because sometimes these way too public displays of affection may actually arouse suspicions of fraud in the officer. Avoid making jokes or attempting humor with the officer. Don't make any small talk unless the officer engages with you however, my advice is to not engage in small talk where possible. Sometimes this may be a tactic by the officer to elicit more information from you.
If you do not know the answer, don't guess. If you don't remember something, let the officer know that you don't remember. Listen carefully to the question that is being asked and answer only what is being asked of you. Do not volunteer information and make sure that your answer is short and sweet. Don't try to anticipate where the officer is going with their questions because then you will ruin their flow and their line of questioning and cause your interview to become longer than necessary.
Also, do not try to fill the silence with conversation. Number one, the officer is usually doing important things on their computer for your case during moments of silence. And next, as I mentioned before, the more you say, the more ammunition the officer will have to ask you questions that may put your case in jeopardy. And of course, make sure everything you say is the truth. You will be under oath and this is taken seriously. Chances are the immigration officer already knows everything, therefore it is better not to hide.
Next, you may be able to get your interview waived. If you have provided enough good evidence in your case and there are no other complications, the chances can be pretty good that your interview will be waived. To increase the possibility of your interview getting waived, you want to have joint tax returns, joint bank account statements, joint leases, and anything else joint. You also want to make sure that you are living in the same place as your spouse for the entirety of your marriage. I have seen otherwise valid marriages get called in for an interview just because there may have been certain discrepancies or unusual living arrangements in the couple's history.
Next, you can also submit the Form I-693 proof of your medical examination along with your application. And this may help you get waived, although if you do fail to include your I-693, you may get a request for evidence and after submission of the medical examination by mail, you may still get your interview waived.
Next, anticipate red flags in your case. It's important to know the red flags that immigration officers look for when they are adjudicating an immigration case. Some of the most common red flags include, if you and your spouse do not live in the same location or if there are various addresses found for each of you online. Getting married too close to your entry date or filing your case to post your entry date, a huge age range between you and your spouse. Typically speaking, age ranges of 15 years or more raises red flags with immigration officers.
Not living together at all after marriage will certainly create a red flag. And also, if either of you have been married multiple times in the past, files from multiple immigration applications through different persons, or if you are a US citizen, if you have filed multiple immigration applications for previous spouses in the past. Some of these things can be avoidable, other things may not.
Lastly, the best thing that you can do for your case, the biggest secret, although it should not be a secret to you, is to work with a qualified immigration attorney. A lawyer can make all of the difference in your immigration case. And lawyers are not just filling out forms.
Some of the examples of what lawyers do in your immigration case include:
-Analyze your case for red flags and other problematic issues to make sure that they are addressed before you file your case, or have a strategy in place in case you get calls in for an interview so that you can explain why you should still get a green card despite those red flags.
-Intervene when the officer is acting unfairly or with hostility towards you.
-Simplify the process to make sure all of the right evidence is submitted in a timely manner.
-Make sure that the officer does not make incorrect assertions or requests of law.
-Sitting on the interview to help clarify questions where officers may make things complicated.
-Create a record that may be used in case of a denial.
-Respond effectively to RFEs and give you that extra boost of confidence that you need when your life is being examined by a stranger you do not even know.
But not all lawyers are created equally and you'll want to work with somebody who has successfully filed for hundreds of green cards for marriage clients. For those who don't know me, my name is Moumita Rahman and I am an immigration attorney who's been practicing for 14 years.
If you would like my help on your case, call our office at 212-248-7907 to schedule a case evaluation. Although I'm based in New York, I work with immigration clients all over the US and have successfully represented hundreds of clients in multiple offices throughout the 50 states.
And if you're curious about how long it will take for you to get your marriage based green card, watch my other video, the real timeline for a marriage based green card. In it, I share some actual timelines that you can expect in your case, including differences that may arise because of marriages to a US that is enversed as a green card holder. I also share different timelines for what to expect if you are living in the US or whether you are out in the US. I'll include a link to that video here. Click here to watch the next and I'll see you there.