A New York Times article linked to a USCIS Fraud Referral Sheet, a sort of a field officer’s checklist to general and case-specific fraud indicators.
In the family-based context, listed fraud indicators include features that can be found in a great many marriages in America:
- unusual cultural differences
- low employment/financial status of petitioner and
- divorce/new marriage dates close
Another listed fraud indicator is “short time between entry and marriage,” which is of course something parents and priests have longed warned against.
In a follow-up article, the Times listed sample marriage interview questions meant to ferret out fraud. Among the examples:
- If you are standing at and facing your kitchen sink, where is the microwave oven?
- Is your microwave stationary or does it have a revolving plate?
- Do you have any tattoos? Where? What do they look like? What about your spouse?
- If you are lying in bed, which side does your spouse sleep on?
- How is your bedroom closet split up?
- Where do you keep your clean underwear?
- Do you and your spouse use birth control? What kind?
- What was the last movie you went out to see together?
Although the Times readership generally comprises people who do well on tests, many readers who have written into the paper claim to have failed this one, and miserably. Some responses:
“My wife and I got eight answers wrong! We’re both American citizens who’ve been married 10 years. If one of us were an immigrant, he/she’d probably be on a boat right now.”
“My husband and I have been happily married for 38 years but I’m sure he couldn’t answer many of these questions. I’m going to start packing his bags.”
“I think that we met in December, On second thought maybe September, But now it appears After Sixty great years, The truth is I just don’t remember.”
In an immigration interview you are not “innocent until proven guilty” but as the petitioner, you bear the burden to prove the beneficiary qualifies for the “green card” or adjustment of status. If any element is not proven the officer must deny the case. We had a case a few weeks ago in front of a new officer that was convinced that my clients were not eligible for the “green card”. Had I not been there, the officer would have denied the case and placed my clients in removal/deportation. Fixing the situation would have been difficult and expensive, but since I was there I was able to convince the officer to let me send him a memo, using USCIS’s own manual, why my clients should be granted the “green card”. A few short days later the card came in the mail. A happy ending for all.
Call Our Immigration Attorneys Today for a Consultation to Discuss Your Case
If you are married and plan to apply for an adjustment of status based on marriage, you need to speak with an experienced immigration attorney as soon as possible. Before talking to USCIS or any other immigrant official, you need to be aware of your rights and obligations. You have the obligation to be truthful to the immigration authorities, and you should seek counsel prior to filling out the required forms so that you fully understand each question and answer. Contact the law firm of Geygan & Geygan, Ltd. today to schedule your free consultation with one of our attorneys. You may call us at 513-791-1673, or you may contact us online.