The main responsibility to investigate immigration marriage fraud is
immigration department. Firstly, the officer will suspect the marriage fraud
when a couple came to the immigration office. If the husband, a U.S. citizens,
sponsored his wife for the Green Card or vice versa, entered the U.S. properly,
with a visa, she allowed to’adjust her status’ in the U.S. So,it ‘s means that
she would be a receiving her green card through her marriage withiut having to
leave the country. Then, the application for adjustment of status though
marriage was files, an an immigration interview date scheduled. This is normal
interview conducted by the immigration officer. When the interview session, the
officer will ask questions of both the husband and the wife, in order to
determine if this marriage marriage is based on love or just for convenience.
If the marriage is based on convenience, they were nervous and the husband
usually kept on forgetting simple facts about the marriage. Apparently the officer
began to suspect that this was marriage not for real, but the marriage entered
just to get a green card. After that, the officer took the passport and stamped
it with “245 interview”. The, the
officer informed to the spouse that they was not satisfied with the interview
and will be notified the next instructions through the email.
After a months passed, the officer sent a letter to that spouse
directing for a second interview called “Stokes” interview. This interview will be conducted by the investigation
units of USCIS. A Stokes interview is recorded and separated between husband
and wife. The USCIS officer will thoroughly scrutinized the husband and wife in
an attempt to arrive at the "truth." After all persons, including the
attorney states his name and address the examiner asks whether any documents
are being submitted in support of the petition. In a marriage case where
marriage fraud is suspected, this interview is a good opportunity to
"stuff" the record with documents and affidavits in your favor.
Remember that the decision to deny or approve can only be based on the evidence
in the record of proceeding. Examples of appropriate documents are: birth
certificate of children, leases for apartments which indicate both names along
with rent receipts, life insurance policy showing the spouse as beneficiary,
joint bank account, cancelled checks showing both parties use the checkbook,
joint credit cards, family medical insurance, letters from the employer (on
their letterhead, signed by an official of the firm stating date employment
began, marital status, and whom to notify in case of emergency), copy of income
taxes (filed jointly if they were married at the time filing is required), and
photographs of the wedding and other photographs since marriage.
Once the documents are
submitted, the actual interrogation of the couple really begins. First, one is
taken into a room with only the immigration examiner and the immigration lawyer
present. The examiner begins by initially asking innocuous and simple questions.
Eventually the questions become more detailed, more personal delving into all
aspects of the couples relationship. Questions range from who woke up first
this morning to what side of the bed you sleep on. Questions about other family
members, such as mother, father, sisters and brothers are common. They may even
ask to see the keys in your pocket and ask what each key is used for. They may
ask that you empty your wallet and look at the papers and documents you carry.
They are always searching for discrepancies, such as a driver’s license with a
different address.
to be continue.....
