Written by attorney Moses Apsan


After submission of you application for adjustment of status through marriage to the immigration service, you are called in for an interview. If for any reason, the immigration examiner suspects that there is marriage fraud, he will set up a “stoke interviews", better know as the marriage fraud interview.

What triggers a marriage fraud interview? The following are some likely factors:

• Beneficiary and petitioner are of different race or national origin. • They do not speak the same language and have trouble communicating. • A wide gap in age between the beneficiary and petitioner. • A difference in the cultural and religious background. • A wide disparity in educational level between petitioner and beneficiary. • The application contains some inconsistencies. • The application presents grounds for suspicion. • The petitioner and beneficiary have different address.

Understand that it’s not one of these factors that could trigger a marriage fraud interview, but a combination of factors that leads the immigration examiner to suspect that the marriage is not “bona fide." It appears that the couple entered into the marriage to evade the immigration laws.

If you are called into a marriage fraud interview, it is your burden to prove that your marriage is bona fide and not a sham just to get a green card.

Collect and make a photocopy of as many of the following items as possible. Do not send originals.

• joint bank accounts • wedding invitations, church certificates, or other reliable documents that show the required relationship • joint club memberships • joint credit card statements • joint federal and state tax returns • copies of actual credit cards, health insurance cards, or other "joint" cards that you have together, showing same account number • photographs of you and your spouse taken before and during your marriage, wedding photographs preferably those that include parents and other relatives from both families • copies of letters between you • phone bills showing your conversations • auto registrations showing joint ownership and/or addresses • rental agreements, leases, or mortgages indicating that you have lived together and/or have leased or bought property in both spouses' names • receipts for gifts that you have purchased for each other • your mutual child's birth certificate or a doctor's report indicating that you are pregnant or that you had a miscarriage. • airline and hotel receipts showing trips that you have taken together • letters from friends/family to each or both of you, addressed to where you live together • utility bills in both your names or in either name showing the address that you both live. • evidence that one spouse has made the other a beneficiary on his/her life or health insurance or retirement account • health, car or life insurance with your names on the policy • car title or other titles to property showing joint ownership • copies of holidays cards addressed to you both • other family pictures of you together • Joint investments

Additional resources provided by the author

Free Q&A with lawyers in your area

Can’t find what you’re looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer