My spouse entered in the US on a K1 visa and were were married within 90 days, per the “90 day rule” of marriage pertaining to K1 visa.
However, we did not apply immediately for her AOS and she has now been “out of status” for over two years. Now, we are gathering all facts of our marriage to send the i485 form in and we are concerned about rumors of “mandatory in person interviews” with immigration authorities to prove bonifide marriage. Are such interviews discretionary or mandatory? I could not locate on the USCIS website where they specify interviews are mandatory. How can they interview all green card applications in California?
There is generally at least one interview for the I-485 application for a green card based on marriage. If you are concerned about proving a bona fide marriage at your USCIS interview, please speak to an immigration attorney in your local city for guidance and any assistance, as necessary. Good Luck.
Disclaimer: This information is of a general nature and is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Doreen A. Emenike, Attorney at Law
Yes, all applicants for green cards through adjustment of status are interviewed.
Please see https://www.avvo.com/legal-guides/ugc/green-cards-through-marriage
Carl Shusterman (former INS Trial Attorney, 1976-82) has 40+ years of experience practicing immigration law. He is a Certified Specialist in Immigration Law who has testified before the U.S. Senate Immigration Subcommittee as an expert witness. He was featured in the February 2018 issue of SuperLawyers magazine. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
All greencard interviews are now mandatory ... talk to an attorney ... she will probably be forgiven ... but you should have the attorney review what's been going on for the past2 years.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does...
Adjustment of Status (green card) in person interviews with USCIS are at the discretion of USCIS.
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