Marriage-based adjustment of status (AOS), form I-485 is one of the most popular ways for an immigrant to obtain legal permanent resident status and a green card.
But because of the popularity of this pathway to citizenship, it is heavily scrutinized by the United States government.
Adjustment of status for a blood relative like a parent or child is easy to prove; birth certificates (if available) and DNA testing can give near irrefutable evidence of the petitioner and the beneficiary’s relationship.
However, it is often more complex when trying to prove a bona fide (real or valid) marriage.
“When it comes to matters of the heart, there are no quadrants or formulas that can be used to measure the truthfulness of words and actions. It is always a gamble, an educated guess at best.”
― Wiss Auguste,
The Illusions of Hope
Understandably, it can be hard to boil down your love story into a stack of papers.
As an immigration attorney, it is my job to play Cyrano and make sure that the said stack of paper properly regales the USCIS officer of the fairytale love story of the applicant and beneficiary; after reading and reviewing this story, the USCIS officer will have to decide whether or not to believe that this could be a bona fide marriage.
The interview verifies a marriage to make sure the marriage is bona fide. This makes the interview the final hurdle before qualifying the beneficiary for their green card. So, what should you expect from a USCIS marriage-based AOS interview?
Here is a step by step guide.
When you arrive at the USCIS office for your scheduled interview, you'll likely go through a security check and check in at the designated area.
You will want to show the officer your scheduled interview letter as your entry ticket. Then, depending on which USCIS center you’re interviewing at, you may need to check in so they can let your interviewer know you’re there. Then you’ll wait; they’ll let you know when they are ready and will tell you to only check in again with them if it has been 45 minutes past your scheduled interview time (not 45 minutes from the time you arrived).
You will be called into a private interview room to meet the interviewing officer. The officer will introduce themselves and may explain the purpose of the interview.
You will be required to take an oath to tell the truth during the interview with your hand raised.
The officer will review the documents you submitted with your adjustment of status application. This may include your marriage certificate, birth certificate, passport, Form I-94, financial documents, and other supporting evidence.
The officer will likely ask detailed questions about your relationship with your spouse. These questions may cover how you met, the development of your relationship, your wedding, and details about your daily life together.
Some of the common questions include:
Note that these questions are all valid to ensure the couple is intimate enough with each other to know the answer.
These questions do not necessarily have a right or wrong answer, but that’s not the point of the questions. For instance, there is no way officer can verify that your spouse is a degenerate Star Wars prequel lover or that they do not like pineapple on her pizza. But the officer is always watching, looking for the couple's body language cues, responses, and reactions to see if the couple passes the eye test.
One time while at an i485 interview with my client, the officer asked the husband what his wife's birthday was. He got it wrong. But as soon as he did, the wife turned and slapped her husband on the shoulder and gave him an annoyed look.
This basically ended the interviewer’s questions regarding the bona fide nature of the relationship, and he moved on to the administrative questions. At the end of the interview, the interviewer told us that the reaction, more than the answer, convinced him of the validity of the marriage.
Lawyer's Tip:
Don’t overstudy for the interview; don’t quiz each other about their favorite/least favorite foods. It is not a test you must study for; if you truly love that person next to you, the answers are obvious and simple.
The officer will assess the legitimacy of your marriage. They may ask questions to determine if your marriage is genuine and not entered into solely for immigration benefits.
In some cases, the interviewing officer may conduct separate interviews with each spouse to compare their responses and ensure consistency.
Be prepared for questions that may probe into personal aspects of your relationship. The goal is to assess the authenticity of your marriage.
At the end of the interview, the officer may provide you with a decision on your adjustment of status application. In some cases, a decision may be mailed to you later. But do not expect an immediate yes or no response.
If the officer needs more information or documentation to make a decision, they may request it at the end of the interview.
It's important to note that each case is unique, and the specific questions and process can vary. It's advisable to be well-prepared, bring all required documents, and be honest and forthcoming during the interview.
I have helped hundreds of couples get through this intimidating process. If you have concerns or questions, consulting with an immigration attorney can provide guidance tailored to your specific situation. The I-485 interview, or the AOS interview, is not something to stress about, but at the same time, it is not something that should be underestimated. You should not take it lightly; feel free to be yourself, but don’t joke too much, as it may focus too much on you and not your relationship.