Adjustment of Status Based on Marriage in Arizona – What to Expect at Your Interview

Adjustment of Status Based on Marriage in Arizona – What to Expect at Your Interview

            One of the most feared aspects of the adjustment of status process based on marriage is the dreaded interview with a United States Citizenship and Immigration Services (USCIS) officer.  In Arizona, there are a significant amount of petitioners who have not received lawful permanent resident status due to a poor interview.  Most individuals are more familiar with the term “green card” when it comes to lawful permanent resident status.  In order to obtain a green card that is free from certain conditions, the interview must be successful, and USCIS must believe that your marriage is valid.

What is the Purpose of the Interview with USCIS?

            United States immigration authorities are cracking down on what they call “sham” marriages, where individuals only marry United States citizens for the purposes of obtaining a green card or lawful permanent resident status, and not because he or she truly intends to stay married to the United States citizen.  The interview is your time to prove to USCIS that your marriage is not “sham” as many others are, and that you deserve to become a lawful permanent resident of the United States.

Being Prepared for Your Interview

            Because the USCIS officer conducting your interview has quite a bit of discretion, and will be asking very specific questions, it is essential that you and your spouse are as prepared as you possibly can be.  Of course, nobody is perfect, and you may forget to mention something important.  That is completely fine so long as you are telling the truth and otherwise have sufficient documentation to establish that your marriage to a United States citizen is valid.

            In order to have confidence that you will pass your interview, you should be prepared to bring the following documents and thoroughly explain them to the USCIS officer:

·       Photographs of both spouses and/or their family members and friends from before and after the marriage;

·       Photographs of your wedding day;

·       Affidavits from friends and family members attesting to the validity of your marriage;

·       Joint financial documents, including, but not limited to, joint savings or checking account statements, joint credit card statements, and joint car loan statements;

·       Documents proving that you and your spouse have been living together (such as mortgage or other home loan documents and/or a lease agreement with both spouse name on it); and

·       Evidence that you and your spouse belong to the same church and that others in your church have seen you and your spouse represent yourselves to the public as husband and wife.

The above-listed items only provide a snapshot of the types of documents and evidence USCIS officials are looking for.  Depending on the individual circumstances of your immigration matter, you may have additional documents that you believe are relevant to prove the validity of your marriage to a United States citizen.  As such, you should consider speaking with a qualified Arizona Immigration Attorney who can fully prepare you for what to expect.  Contact an experienced Tucson immigration lawyer for more information about the adjustment of statute interview. 

In addition to bringing supporting documents, you will need to bring an interpreter if you do not speak fluent English.  Further, you may be separated from your spouse at some point (although this does not happen at most USCIS interviews), if the USCIS officer believes you and/or your spouse’s statements are false.  By separating the spouses, USCIS officers are able to ask the same questions that may result in different answers.  This is a way for USCIS to determine if there may be grounds for the denial of your application to adjust status if there is evidence that your marriage is illegitimate.