In rare cases USCIS schedules an interview to remove condition from a marriage based green card. This is to determine if the marriage is real and ensure that there is no immigration fraud in obtaining the green card through marriage.
USCIS officer asks questions to check if:
- the parties to the marriage are in a genuine relationship.
- the foreign national is being truthful or lied about an important fact to obtain green card.
- the foreign national paid any money to receive the green card.
There are no standardized interview.
Couples may be interviewed together or separately.
Inconsistency coupled with other factors may lead to deeper inquiry, a site inspection and a notice of intent to deny.
A decision may be withheld for a thorough investigation whenever necessary.
Frequently, USCIS mixes up absence of proof of marriage bona fides with fraud in marriage.
However, this distinction is subtle.
Finding of marriage fraud is difficult to overcome. It is therefore necessary to have a well-documented case.
Appeal against marriage fraud denial can be filed before the Board of Immigration Appeals (BIA).