What Is a Bona Fide Marriage Interview? USCIS Process and What to Expect

The Immigration and Nationality Act (INA) Section 214(d) governs the process of obtaining a green card through marriage. This statute affects individuals seeking to immigrate to the United States based on their marriage to a U.S. citizen or lawful permanent resident.

The effective date of the marriage petition is within 90 days of the marriage ceremony.

Marriage Petition Process

The U.S. Citizenship and Immigration Services (USCIS) process for a bona fide marriage interview is outlined in Title 8 of the Code of Federal Regulations (8 CFR) Section 204.2. The petitioner must submit Form I-130, Petition for Alien Relative, with a filing fee of $535. This is where the law gets teeth, as the petitioner must also provide extensive documentation, including proof of marriage, such as a marriage certificate, and evidence of the bona fide nature of the marriage.

In practice, this means that the couple must demonstrate that their marriage is not solely for the purpose of obtaining immigration benefits. The couple must provide joint tax returns, leases, or mortgage documents showing cohabitation, and affidavits from friends and family members who can attest to the legitimacy of the marriage. The USCIS will review these documents and may request additional evidence, such as photographs or correspondence between the couple, within a 30-day timeframe.

Under the Immigration and Nationality Act (INA) Section 216, the couple must also appear for an interview with a USCIS officer within 60 days of the petition being approved. During the interview, the officer will assess the credibility of the couple’s testimony and review the documentation provided to determine whether the marriage is bona fide.

Types of Marriage Interviews

There are several types of marriage interviews, including the initial interview, the Stokes interview, and the Fraud Detection and National Security (FDNS) interview. The initial interview is typically the first step in the process, and it is usually conducted at a local USCIS field office.

Initial Interview

The initial interview is typically a joint interview, where both spouses are present and answer questions about their relationship, marriage, and background. The USCIS officer will ask questions about the couple’s relationship history, including how they met, their courtship, and their decision to get married. The officer may also ask about the couple’s daily life, including their living arrangements, finances, and social activities.

Stokes Interview

A Stokes interview is a separate interview, where each spouse is interviewed separately and asked the same questions. This type of interview is usually conducted when the USCIS officer suspects that the couple may be providing inconsistent or fraudulent information. The officer will compare the couple’s responses to identify any discrepancies or inconsistencies.

Fraud Detection and National Security Interview

A FDNS interview is a more in-depth interview, where the USCIS officer will ask more detailed questions about the couple’s background, including their employment history, education, and travel history. This type of interview is usually conducted when the USCIS officer suspects that the couple may be a security risk or may be attempting to commit fraud.

How it Works in Practice

In practice, the marriage petition process typically takes around 6-12 months to complete, although this timeframe may vary depending on the workload of the local USCIS field office. The couple must file Form I-130, Petition for Alien Relative, with the required documentation and fee, and then wait for the petition to be approved. Once the petition is approved, the couple will be scheduled for an interview with a USCIS officer.

The couple must bring all required documentation to the interview, including their passports, birth certificates, and marriage certificate. The USCIS officer will review the documentation and ask questions about the couple’s relationship and marriage. If the officer determines that the marriage is bona fide, the couple will be granted conditional permanent residence for a period of 2 years.

Within 90 days of the expiration of the conditional permanent residence, the couple must file Form I-751, Petition to Remove Conditions on Residence, to remove the conditions on their residence. The couple must provide documentation showing that they are still married and living together, and that their marriage is still bona fide.

Penalties, Fines, or Consequences

Under the Immigration and Nationality Act (INA) Section 237(a)(1)(G), a person who is found to have entered into a marriage for the purpose of evading the immigration laws may be subject to a fine of up to $250,000 and/or imprisonment for up to 5 years. In addition, the person may be deported and barred from re-entering the United States for a period of 10 years.

In California, a person who is found to have entered into a sham marriage may be subject to a fine of up to $1,000 and/or imprisonment for up to 1 year. In New York, a person who is found to have entered into a sham marriage may be subject to a fine of up to $5,000 and/or imprisonment for up to 4 years.

In Texas, a person who is found to have entered into a sham marriage may be subject to a fine of up to $10,000 and/or imprisonment for up to 2 years. The penalties for sham marriages vary from state to state, but the federal penalties under the INA are applicable nationwide.

Special Situations or Edge Cases

Same-Sex Marriages

Under the Immigration and Nationality Act (INA) Section 101(c), same-sex marriages are recognized as valid for immigration purposes. This means that same-sex couples may file for a green card through marriage, just like opposite-sex couples. However, same-sex couples may face additional challenges and complexities in the marriage petition process, particularly if they are from a country that does not recognize same-sex marriage.

Marriages Involving Minors

Under the Immigration and Nationality Act (INA) Section 101(a)(27)(J), a marriage involving a minor may be subject to additional scrutiny and requirements. The couple must provide documentation showing that the minor has obtained the necessary consent from their parents or guardian, and that the marriage is in the best interests of the minor.

Enforcement and Violations

The USCIS is responsible for enforcing the immigration laws and regulations related to marriage petitions. The agency may conduct investigations and site visits to verify the information provided in the petition and to determine whether the marriage is bona fide. If the USCIS determines that a person has entered into a sham marriage, they may be subject to penalties and fines, as well as deportation and bars to re-entry.

In plain terms, the USCIS takes marriage fraud very seriously, and the agency has a number of tools and resources at its disposal to detect and prevent sham marriages. The USCIS may work with other federal agencies, such as the Department of State and the Department of Homeland Security, to investigate and prosecute marriage fraud cases.

Recent Changes or Current Status

Recent changes to the immigration laws and regulations have impacted the marriage petition process. For example, the USCIS has implemented new policies and procedures for handling marriage petitions, including the use of artificial intelligence and machine learning to detect and prevent sham marriages. The agency has also increased the filing fees for marriage petitions, with the current fee for Form I-130 being $535.

Looking ahead, the USCIS is expected to continue to prioritize the detection and prevention of marriage fraud, and the agency may implement additional policies and procedures to achieve this goal. The marriage petition process is subject to change, and individuals seeking to immigrate to the United States through marriage should stay up-to-date on the latest developments and requirements.