What to Expect at a Same Sex Marriage Immigration Interview

Judge motioning to two men standing in front of him in a court scenario

When a U.S. Citizen files an immigration petition on behalf of their non-citizen same-sex spouse, the couple will need to attend an interview before a USCIS officer.

It is important that you adequately prepare and get yourself organized for the interview. At the interview, the officer will review the applications filed as well as all the documentation submitted in support of the applications and the officer will ask questions about the applications and the couple’s relationship.

During the first part of the interview, the USCIS officer will review the questions and answers on the applications submitted and ask for clarification, changes, or if there are any updates to the applications since the petitions were originally filed. Typically, these initial questions in connection with the applications relate to the couple’s personal information such as name, date of birth, employment history, address history, marriage history, criminal history, and other admissibility questions. The officer will also ask the couple to provide original birth certificates, original marriage certificates, and the original to any document that was submitted in support of the application.

During the second part of the interview, the USCIS officer will ask the couple questions regarding the couple’s relationship. Usually, this starts with the question “how did you meet?” and then the officer may ask questions about when the couple began living together, who else lives in the home with the couple, who proposed to who and when, if either spouse has met the others spouses family, etc. Sometimes officers may inquire from one spouse if they are aware if the other spouse has any medical conditions, has ever had any major medical procedure, and/or if the other spouse has any markings on their body such as birth marks, scars, or tattoos.

It is very important that you are prepared to be asked these types of questions and are prepared to answer them. There is no right or wrong answer to any of these questions. The only appropriate answers are the truth.

As part of the services we provide to our clients, prior to the interview we will prepare you for the questions that will be asked, what documents need to be organized and ready to turn over to the officer, and our immigration attorney will attend the USCIS interview with you. You will have your attorney present throughout the entire process.

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