USCIS has intensified reviews of residences obtained through marriage and is deploying a host of tools to detect fraud: separate interviews for the couple, surprise home visits during the evening, and inquiries to neighbors and employers.
The immigration attorney Liudmila Marcelo explains what to expect and how to prepare.
According to Marcelo, it has been reported in the press that the authorities plan to call neighbors as witnesses, contact employers, and interview the members of the couple separately to look for inconsistencies that may reveal marriages of convenience.
His message to those with a legitimate marriage is clear: "Those who are truly married, Tania, have nothing to fear; they should continue with their normal life."
To illustrate this, the attorney cites a recent case at the USCIS office in West Palm Beach: a couple, 21 years old —she entered on a tourist visa— submitted their application package in February of this year, had their interview last Monday, and received approval for residency and a social security number the very next Monday.
Marcelo clarifies, however, that the timelines vary: a second similar case in the same office had the request approved last month, but the residence was still pending at the time of the interview. "It always depends on the officer handling the case," he emphasizes.
Separating the couple, the first warning sign
One of the most feared procedures is the so-called Stokes interview, where the officer questions each spouse separately.
Marcelo warns that reaching that point is already a bad sign: "The fact that they separate the couple is a bad indication because it means they want to interrogate them separately to see if there are contradictions between them."
That is why it is recommended to consult with an experienced lawyer before the appointment, reviewing the more challenging questions that arise only when there are uncertainties.
The questions that seem simple but are not
Among the everyday details that the officer may inquire about are: how many rooms the house has, how many windows are in the bedroom, the color of the walls, who gets up first, who prepares breakfast, what the daily routine is, and what car each person drives.
One of the most misleading aspects is the side of the bed. "There are simple questions, like sometimes they ask which side of the bed each person sleeps on. And people see the side of the bed from a different perspective," Marcelo explains, noting that the answer changes depending on where you're looking from: "You have to ask the officer, but it matters which way you're facing. If you’re in front of me or I’m in front of you."
Another critical point is how they arrived at the interview. "How they got here is very important because often couples each come in their own car, and the officer says: if you’re coming from your home, today is the most important day since it’s the day of the interview, how is it possible that you both came in separate cars?" the lawyer explains.
His recommendation is clear: "The most normal thing is for the couple to come in a single car, even if they have two at home, because that day they are not supposed to work or do anything."
Night visits and toothbrushes
Beyond the formal interview, USCIS is conducting surprise visits to homes during nighttime. "They are indeed making surprise visits to the house at night because it is assumed that the couple is there," Marcelo confirms.
But it's not enough for both to be present: "It's not just that the couple is there, but there also needs to be a room where you can see things belonging to both... like having both toothbrushes visible in the bathroom."
The lawyer explains that this is due to the fact that there are people who share a home out of friendship or convenience without actually being a couple, and the officials are trained to detect it.
His final warning is emphatic: "Never, ever is fraud the solution to anyone's immigration problems, because that truly complicates your situation for a lifetime."
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