Marrying a US citizen or someone with a green card was considered a direct ticket to the US prior to Trump's administration, if not before.
However, the trump administration would no longer allow for simple approvals and skipped interviews. Rather, vetting will now be used to handle each linked situation.
Dealing with the interview, which has become considerably more difficult, is the first stage, according to a Times of india story. If the spouse is in india, US consulate representatives conduct the interview. However, they can apply for a green card if they are already in the US after getting married. In this case, the interview is conducted by officials of the US Citizenship and Immigration Services.
It is advisable to ensure that all required documents and paperwork are ready for the interviews and maintained on hand.
"Officers will be looking deeper... leaning into their discretion more often than they did in the Biden years," immigration lawyer Ashwin Sharma told TOI. We are witnessing a rise in requests for proof, and they are already investing more effort in confirming marriages."
According to historical precedence, this trend is likely to become the norm and eventually be codified into a formal policy, he stated. The number of requests for proof is rising, and, probably, this trend will soon be codified into law.
This actually means that going forward, documentation of a couple's romance and marriage will be required.
The complete story must be told in the documents, according to Sharma: how the relationship started, the sincere desire to live a married life together, how it has been maintained, and why it is legitimate. This entails unmistakable proof of visits, conversation, plans in common, and/or family participation.
Snehal Batra, managing attorney at NPZ Law Group, stated, "Be ready for cases involving consular processing," according to the publication's report. Documentary evidence of your legitimate relationship should be in your possession. Money transfer receipts and telephone logs are two examples.
"If at all possible, think about getting your spouse named on a life insurance policy. Be ready to respond to inquiries concerning your marital status as well, such as your spouse's job, income, level of education, and previous marriages, Batra advised.
There is typically a three to four-year wait if a person marries a green card holder rather than a US citizen, which may cause them to raise eyebrows in the interview.
Sharma went on, "The years spent apart raise obvious questions," according to TOI. How have you managed to maintain a sincere marriage over this vast distance? You'll need more proof—photos, bank statements, and constant correspondence—to demonstrate that your marriage is not only surviving but flourishing despite the distance, the longer you wait.
Sharma added that when a person's visa application is denied and determined to be ineligible for approval, consular officers issue 221(g).
"We can expect this discretionary power to be used more liberally and aggressively under the current administration," he said. For immigration inspectors, a protracted absence increases suspicion, even though absence may make the heart grow fonder.
If a person's spouse is already in the US and requesting an adjustment of status, the "Stokes interview" is also included in the picture frame.
The couple is questioned separately during this interview, and if their responses don't align, the officials are likely to suspect anything is wrong.
Additionally, it is recommended that you always bring a lawyer with you when you appear for a "Stokes interview."
"Well-prepared, legitimate cases seem to be still holding up well under scrutiny," Sharma stated. However, it is also true that the pressure would be felt by even sincere couples with inadequate paperwork.
Batra further stated, "If a green card is denied due to an alleged marriage fraud, the spouse can be placed in removal proceedings (deportation)."
However, the trump administration would no longer allow for simple approvals and skipped interviews. Rather, vetting will now be used to handle each linked situation.
Dealing with the interview, which has become considerably more difficult, is the first stage, according to a Times of india story. If the spouse is in india, US consulate representatives conduct the interview. However, they can apply for a green card if they are already in the US after getting married. In this case, the interview is conducted by officials of the US Citizenship and Immigration Services.
It is advisable to ensure that all required documents and paperwork are ready for the interviews and maintained on hand.
"Officers will be looking deeper... leaning into their discretion more often than they did in the Biden years," immigration lawyer Ashwin Sharma told TOI. We are witnessing a rise in requests for proof, and they are already investing more effort in confirming marriages."
According to historical precedence, this trend is likely to become the norm and eventually be codified into a formal policy, he stated. The number of requests for proof is rising, and, probably, this trend will soon be codified into law.
This actually means that going forward, documentation of a couple's romance and marriage will be required.
The complete story must be told in the documents, according to Sharma: how the relationship started, the sincere desire to live a married life together, how it has been maintained, and why it is legitimate. This entails unmistakable proof of visits, conversation, plans in common, and/or family participation.
Snehal Batra, managing attorney at NPZ Law Group, stated, "Be ready for cases involving consular processing," according to the publication's report. Documentary evidence of your legitimate relationship should be in your possession. Money transfer receipts and telephone logs are two examples.
"If at all possible, think about getting your spouse named on a life insurance policy. Be ready to respond to inquiries concerning your marital status as well, such as your spouse's job, income, level of education, and previous marriages, Batra advised.
There is typically a three to four-year wait if a person marries a green card holder rather than a US citizen, which may cause them to raise eyebrows in the interview.
Sharma went on, "The years spent apart raise obvious questions," according to TOI. How have you managed to maintain a sincere marriage over this vast distance? You'll need more proof—photos, bank statements, and constant correspondence—to demonstrate that your marriage is not only surviving but flourishing despite the distance, the longer you wait.
Sharma added that when a person's visa application is denied and determined to be ineligible for approval, consular officers issue 221(g).
"We can expect this discretionary power to be used more liberally and aggressively under the current administration," he said. For immigration inspectors, a protracted absence increases suspicion, even though absence may make the heart grow fonder.
If a person's spouse is already in the US and requesting an adjustment of status, the "Stokes interview" is also included in the picture frame.
The couple is questioned separately during this interview, and if their responses don't align, the officials are likely to suspect anything is wrong.
Additionally, it is recommended that you always bring a lawyer with you when you appear for a "Stokes interview."
"Well-prepared, legitimate cases seem to be still holding up well under scrutiny," Sharma stated. However, it is also true that the pressure would be felt by even sincere couples with inadequate paperwork.
Batra further stated, "If a green card is denied due to an alleged marriage fraud, the spouse can be placed in removal proceedings (deportation)."
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