The examiner begins by initially asking innocuous and simple questions.
Eventually the questions become more detailed, into all aspects of the couples
relationship. For examples, questions range from who woke up first this morning
to what side of the bed you sleep on, and also 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. At the
same time, they may ask that you empty your wallet and look at the papers and
documents you carry. The purpose is to search a discrepancies, such as a
driver’s license with a different address.
When the the first
person's questioning is completed, the other spouse is questioned in the same
way. Again, with the lawyer present. The identical questions are asked again.
This time to see if the answers are substantially the same. The attorney
listens carefully for any inconsistency and if necessary, re-words the question
or clarifies it in order to assist his client. The immigration attorney is
there to take notes in preparation of a future appeal should it become
necessary.
Once the second spouse
has been questioned then both people are brought together. If there were
discrepancies or inconsistencies in the individual answers the parties are
asked to explain. Here again the lawyer may be able to assist in clarifying the
questions and answers given.
If all the doubts of the
official are satisfied then the petition should be approved. If the examiner
still believes that the couple only got married to get a green card they are
sent home without an approval and will eventually get a notice of intent to
deny in the mail. The spouse have another chance to explain the discrepancies
to the USCIS. If they are satisfied with the answers, they may either approve
the case or send it back for another interview. If it is denied an appeal can
be made, If the appeal is denied, many cases are forwarded to the deportation
unit to commence deportation proceeding. During the deportation proceeding the
couple has yet another opportunity to present their case to the judge and be
granted the Green card.
The following may trigger
suspicion of immigration marriage fraud:
·
The couple are of different race
or national origin;
·
The couple have different addresses.
·
The couple do not speak the same
language.
·
There is a big difference in age
between the husband and wife.
·
They have a difference in the
cultural and religious background.
·
Great difference in in educational
level between the couple
·
The application was not properly
prepared and may contain inconsistencies.
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