Tuesday, August 15, 2017

Marriage Green Card Interview Different Rules?

It is good to know ahead of time that part of the marriage green card processing involves getting interviewed by an Immigration Officer at your local immigration office.

If you didn't hire an Immigration Attorney to help prepare your adjustment of status application, you may want to consider hiring an Immigration Attorney to go with you both to the marriage green card interview.  

One way to find an attorney experienced with same sex marriage green card interviews is to check the attorney listings on your local  LGBT Business Directory.  Most LGBT business organizations, such as the one I belong to, have added an "immigration attorney" category to help you locate the type of attorneys who specialize in immigration law.

Whether you already have an attorney retained, or you hire one just for the interview, the attorney should either meet you at their office or schedule a long (usually at least 45 minutes) teleconference to discuss what will occur at the marriage green card interview.

Even though the marriage green card interviews are conducted by Immigration Officers all over the USA, they are conducted in the same manner.  It seems all of the Immigration Officers had the exact same training.  They have been carefully instructed to handle same sex marriage green card cases the same way as different sex marriage green card cases.

However, as an attorney who has been present during many interviews, I have noticed some differences in these areas of questioning:
  • Previous marriages to a different sex partner;
  • Bi-sexual history; 
  • Whether each partner has come out yet at work or to family;
  • Unusual financial arrangements;
  • Inability to tell certain (or any) family members about marriage;
  • Traveling by one partner without the other; 
  • Examination of Facebook accounts;
  • Open non-exclusive relationships;
  • Decisions about children;
  • Lack of photographs showing participation in traditional holidays; or,
  • Lack of witnesses at the wedding ceremony.
Danielle Nelisse, Immigration Attorney
A good immigration attorney with a lot of marriage green card interview experience should be able to take a good look at your case (each and every one is different!) and in a caring manner discuss any sensitive areas of questioning before you go to the marriage green card interview.  It is all part of helping your partner adjust to how business is conducted in America.

Our goal is to try our best to predict the areas of questioning you may face so that we feel prepared.  Our goal is success!

Danielle Nelisse can be reached via at [email protected] or at (619) 235-8811 during her office hours.


Other Immigration Questions Concerning Same Sex Married Couples:

What are the issues if my gay spouse entered the USA as a B-2 Tourist ?

Exactly what happens at a marriage green card interview?

How does a person get married in the USA? 

Tips on how to help your helping your partner adjust to America during the Adjustment of Status process.

What if my spouse entered the USA legally, but overstayed their visa?

What if my spouse is HIV positive?

Is “coming out” important to the Immigration Officer who conducts the marriage green card interview?