Marriage-Based Green Card Interviews: Questions, Red Flags, and the Presumption of Fraud

Adjustment of status through marriage to a U.S. citizen is one of the most heavily scrutinized immigration pathways under U.S. law. Although it provides a direct route to lawful permanent residence, it also carries with it an inherent presumption of fraud, particularly under the framework of INA § 204(c) and 8 U.S.C. § 1154(c), which prohibits approval of a petition if the beneficiary has previously attempted or conspired to enter into a fraudulent marriage.

USCIS officers are trained to detect marriage fraud and are guided by the Adjudicator’s Field Manual (AFM), which instructs them to assess the bona fides of a marriage through a combination of documentary evidence and in-person interviews. According to 8 CFR § 245.1(b) and the USCIS Policy Manual (Vol. 7, Part B, Ch. 2), the burden of proof lies with the applicant and petitioner to demonstrate, by a preponderance of the evidence, that the marriage was not entered into for the purpose of evading immigration laws.

The Presumption of Fraud

Marriage fraud is presumed where a marriage is entered into shortly before or after the filing of an immigration petition, especially where there are indicia of convenience rather than cohabitation and commitment. Courts have upheld the government’s broad discretion to deny petitions under INA § 204(c), even in the absence of a criminal conviction. See Matter of Tawfik, 20 I&N Dec. 166 (BIA 1990).

To rebut this presumption, USCIS requires compelling and consistent evidence, both in documentation and testimony. Failure to provide this often leads to denial or even referral for removal proceedings under INA § 237(a)(1)(A) and (G)(ii).

Sample USCIS Interview Questions

USCIS officers conduct adjustment interviews to evaluate the legitimacy of the marital relationship. Questions typically range from innocuous to highly invasive, depending on the presence of red flags. Here are categories and examples of common questions:

Personal and Biographical:

• What is your spouse’s date of birth?
• Where was your spouse born?
• What is your spouse’s full legal name?
• What is your spouse’s immigration status?

Relationship History:

• Where and when did you meet?
• When did your relationship become romantic?
• Who proposed, and how?
• When did you decide to get married?

Daily Life:

• What time does your spouse go to work?
• Who cooks meals in your home?
• What side of the bed does your spouse sleep on?
• Who pays the bills?

Home and Living Arrangements:

• Describe your home.
• Do you have any roommates?
• What color is your shower curtain?
• What kind of toothpaste do you use?

Family and Social:

• Have you met each other’s families?
• When was the last time you visited your in-laws?
• What did you do for your last anniversary?
• Do you attend religious services together?

Intimacy and Personal Habits:

• Do you use contraception?
• Has your spouse ever been hospitalized?
• What are your spouse’s tattoos or scars?
• How do you spend weekends?

Red Flag-Triggered Questions:

• Why did you get married so soon after meeting?
• Why is your spouse significantly older or younger?
• Why do you not share a common language?
• Why do you not live together?

Common Red Flags That Trigger Heightened Scrutiny

USCIS officers are trained to spot inconsistencies or patterns that suggest fraud. The following are widely recognized red flags:

• Significant age difference (10+ years)
• Different religious backgrounds with no shared practice
• Marriage shortly after visa overstay or entry without inspection
• Discrepancies in addresses or mailing documents
• Different last names without explanation
• Little to no evidence of cohabitation (leases, bills, photos)
• Lack of familiarity with each other’s family, habits, or medical history
• Previous marriage-based green card applications
• Conditional green card marriage followed by immediate divorce
• Rapid sequence of marriage and I-130 filing

Consequences of Inconsistency or Fraud

If USCIS finds that the marriage is not bona fide, the consequences are severe. A finding of marriage fraud renders the applicant permanently inadmissible under INA § 204(c), with no waiver available. Misrepresentation may also trigger inadmissibility under INA § 212(a)(6)(C)(i). Further, a knowingly false statement under oath can give rise to criminal liability under 18 U.S.C. § 1001.

In some cases, the couple is separated and subjected to a “Stokes Interview,” named after Stokes v. INS, 393 F. Supp. 24 (S.D.N.Y. 1975), where each spouse is questioned individually and then compared for consistency. Discrepancies, even in minor details, can be fatal.

Best Practices for Applicants

To prepare for an interview, applicants should:

• Compile strong documentary evidence (joint taxes, lease, photos, joint insurance, shared bills)
• Review each other’s personal histories and routines
• Conduct a mock interview with legal counsel
• Avoid coached or memorized answers
• Seek legal representation if any red flags apply

If you are unsure about how your immigration status, it is advisable to consult with an experienced immigration attorney before taking any action. As one of the most established firms practicing exclusively in the area of immigration law, our firm has successfully helped our clients obtain temporary work permits, green cards, and citizenship for generations. Note that the information provided in this article and website is intended for general information purposes only and should not be construed as legal advice. For additional information or information regarding other immigration matters, please call Attorney Thomas M. Lee for a free consultation at 213-251-5533