Immigration by Marriage Interview:
Questions of Fraud

During the immigration by marriage interview and green card application and approval process, your marriage may be called into question and suspected of being fraudulent. When an officer of the CIS suspects or questions fraud in your marriage, he or she is obligated to pursue the matter and call you in for a fraud interview.

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When Marriage Fraud is Suspected

There are several problems that may result in a question of fraud and a fraud interview. These include:

  • Inconsistencies or omissions on your application

  • Inconsistencies between consular or Adjustment interview and application

  • Suspicion arising out of consular or adjustment interview

  • Differences in personal characteristics

  • Living situations that are out of the norm for bona fide married couples

For example, if you and your spouse cannot speak in a language you both understand, or if there is a large age difference, class divide, or educational gap, or if the two of you have spent little or no time together prior to marriage, or live or have lived separately.

The Marriage Fraud Interview

Sometimes seemingly minor differences or mistakes may cause a CIS officer to suspect marriage fraud, even when it is not truly the case. It does happen that truthfully married couples get called for fraud interviews. Should this happen to you, go prepared.

It is recommended that you go with an attorney to the fraud interview. He or she will have no power in the proceeding, but his presence can be helpful as matters progress.

Questioning during a fraud interview will take place separately for each spouse. It will be much more extensive and much more involved. You will be asked about any and all aspects of your past and present relationship. At times, officers may be quite relentless, all in an attempt to get you to reveal fraud. Others may take a more subtle approach.

The answers you each give will be compared and a determination will be made after the interview. In addition, you may be required to supply documentation that supports the validity of your marriage. You should cooperate to the fullest possible extent.

It is discomforting to be accused of fraud and be called for an immigration by marriage interview for fraud. Your best defense should this occur is not to be defensive, but to be prepared and be honest.

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