If you are granted a green card based on marriage to a U.S. citizen, and your marriage is less than two years old, your green card will be conditional for two years after issuance. In order to obtain an unconditional 10-year green card, you must file an application either jointly with your spouse or individually if you are no longer married for legitimate reasons. The conditional period is intended to deter sham marriages made primarily to obtain immigration benefits. This gives U.S. immigration authorities more opportunity to confirm that your marriage was entered into in good faith.
As part of your green card application, both you and your spouse may be questioned in depth by a U.S. Citizenship and Immigration Services (USCIS) official. You must convince the USCIS interviewer that you entered into the marriage in good faith, intending to live as husband and wife, and not just for immigration purposes.
To differentiate a sham marriage from a marriage made in good in faith, USCIS interviewers consider a long list of factors. You can expect to be questioned about these indicators:
If any of the above “indicators” of a sham marriage apply to you, you and your spouse may be questioned more thoroughly than other couples. As long as you provide reasonable answers to all of these “indicator” questions, your marriage should be deemed bona fide.
The more documentation you submit to prove that your marriage was entered in good faith, the better. Examples of such documents include:
If you will be applying for a green card based on marriage, work with a knowledgeable Chicago immigration lawyer to ensure that your application clearly demonstrates that you have a bona fide marriage and that you are fully prepared for your USCIS interviews. Call Mevorah Law Offices LLC at 630-932-9100.
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