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What happens during the I-485 Green Card Interview for K visa couples?

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K visa holders applying to Adjust Status must attend a Green Card Interview before getting Conditional Permanent Residency. 

The interview is typically scheduled 12+ months after submitting your I-485 once the USCIS begins to process it. Held at a local USCIS office, both spouses are required to appear where you present important documents and answer questions to a USCIS officer who determines the outcome of your case.

This interview is important. It dictates whether or not you get permanent residency to continue to live, work, and enjoy a life in the US. You must prepare as much as possible.

In this article, we’ll discuss how the interview is held and how to prepare for the best outcome. Although this tutorial applies to all marriage-based “immediate relatives”, we’ll specifically talk about a K visa holder’s experience.

Note that children, who enter on a K-2 visa, are “derivative applicants” based on the principal applicant (K-1 parent) and also adjust status (INA law 245).

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Why is there a GC interview?

Let’s step back and understand, first of all, why an interview is required.

An interview is required by everyone who applies to Adjust Status, unless you’re waived (INA 245.6). An immigration officer conducts a one-on-one session with both of you and any K-2 children present, but certain exclusions may apply.

The point of the interview is to verify your eligibility and that you’re a genuine couple (i.e. no marriage fraud). Here’s a breakdown of the three objectives:

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# 1: Verify information on the I-485 application

First, the officer makes sure you understand answers you put in the I-485 form. If there are any changes, you’re allowed to update, correct, or add items in the application as long as you have a good reason. In addition, if the USCIS adjudicator has any questions, they resolve it during the interview.

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# 2: Check for “Bars” to Adjustment

Secondly, the officer checks if you have any “bars” to Adjusting Status. There are several criteria, most of which don’t apply to K visa holders– iwop, crewmen, criminal, alien who worked without authorization, etc. Nonetheless, officers perform checks. He or she also checks for inadmissibilities that may cause a denial. Examples of inadmissibilities are unauthorized employment, certain criminal history, public charge, or drug addiction (Class A). These result in denial of a Green Card, unless a waiver is granted.

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# 3: Evaluate your Bona Fide Marriage

Finally, the officer assesses your bona fide marriage. Meaning are you a real, genuine couple or is this a sham marriage meant for a green card? The officer may ask direct questions about your relationship and life to test your honesty. It’s best to be prepared with a range of evidence to demonstrate your true relationship such as with photos.

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How to Prepare for the Interview

To prepare for the interview, first iron out the details of when and where you must appear. Refer to the “Request to Appear” (I-797c) letter that tells you which USCIS office is conducting your interview. Note the time and date.

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It’s crucial to keep this schedule at all costs. Don’t consider it an option to reschedule or postpone it; the USCIS will demand a pretty solid reason. If you’re a “no show”, you risk getting denied. So be sure to get time off from work to attend.

Next, you need to prepare the required documents. It turns out that most documents for the interview are those you’ve already submitted. So there shouldn’t be anything new or different this time around (except for a possible new I-693 medical report).

The USCIS will send you a checklist to help you gather the right ones. But for reference, here’s a list of documents to bring to your Green Card Interview (I-485). *Please note the USCIS checklist takes precedence*:

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● The interview notice itself, I-797C

● Form I-693, Medical examination and Vaccination Supplement (unless submitted already)

● Form I-864 Affidavit of Support Packet, unless submitted already, if details have changed.

● Employment Authorization Document (EAD) I-766, and Advance Parole (AP) card, I-512

● Your passport used to enter the US along with the I-94 record

● A birth certificate for each applicant (including K-2 visa children)

● US petitioner’s proof of citizenship

● A certified copy of your marriage certificate

● All divorce documents from both spouses

● Evidence of Relationship – including joint assets or liabilities, tax returns, bank statements, health / life insurance documents, property documents, rental agreements, utility bills, photographs, or other evidence you feel proves a genuine relationship.

● Court or police records if you’ve ever been arrested/convicted of a crime. 

● Original, certified copies, or regular copies of documents as noted

● English translations for all foreign documents

● There is no fee for the Green Card Interview

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Marriage Green Card Interview Experience

Here’s a breakdown of what happens on the day of your interview.

The entire process normally takes anywhere from 1-3 hours depending on a number of things: how many people are in line ahead of you, whether you’re missing anything during the interview, if the Q/A portion takes longer than normal, if you have to wait for a translator, etc. 

As per the USCIS’s instruction, arrive no more than 30 minutes before your scheduled time. Be prepared to present identification to enter the building.

If the applicant doesn’t speak English, you may bring / hire an interpreter or the USCIS may elect to use one of their staff to assist.

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When you reach the waiting area, be sure to follow directions in terms of getting a ticket and / or a waiting number. 

At a certain point, you’ll be called in for your interview. The officer will be face-to-face in a room with your files spread out. He / she will first start by confirming your identity and having you take an oath to tell the truth.

His/her tasks during the interview are to verify the details on your I-485 application, assess your admissibility, and evaluate your bona fide marriage. Most of the time is spent verifying your information and details. If there are new issues or questions to resolve, the officer will go through them.

Next, the officer asks questions to verify your bona fide marriage. There’s no way to predict what kind of questions they come up with. Questions vary from officer to officer, case to case, and day to day. In general, though, the objective is the same: to gauge your bona fide marriage. 

They may ask about family life, previous marriages, living situation, your educational history, etc. The questions are mainly directed at the K-1 visa foreign spouse, although they may ask the US citizen questions, too. Here are some samples:

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● When did you get married? Where? Who attended?

● How long have you been married?

● Do you have children? How many? Where do they live?

● Where does your spouse work? How long? What’s the name of the company?

● Where did your spouse go to college? When? What major?

● Where do you live? How long have you lived there? Who lives with you?

● What is your spouse’s birthday? 

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The more clear, direct, and honest answers you give, the easier your experience. 

The officer may elect to see your proof of bona fide evidence. It’s a great idea to bring photographs of your marriage, vacations, family together, even pregnancy reports. Bring secondary proof such as text messages, joint bank accounts, health insurance information showing coverage of your spouse, and so on. 

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Final Decision at the end of the interview

At the conclusion of the interview, you’re handed a “Notice of Interview Results”. In it, the officer indicates whether your case meets approval, denial, or RFE criteria or if it’s “Held for Review”. Here’s one example where the interview ended with an RFE.

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Here’s a breakdown of the 4 types of possible results.

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Approval

If approved, you will be handed a notice with instructions on how to receive your US Permanent Resident Card (I-551). Upon receipt of this card in the mail several weeks later, you may continue to live, work in the US and travel abroad temporarily.

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“Held for Review”

A case may be held for review if there’s something the officer needs to look over before making a decision. You’ll be handed a “Notice of Interview Results” with some sort of timeline of when to expect a response.

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Request for Evidence (RFE)

The USCIS officer may still have questions, concerns, or missing documents that you need to supply. A common example is when you need to perform the medical exam (I-693, if expired). Or for example, if you need to submit an updated I-864 Affidavit of Support because you filed new tax returns for the year. The officer will allow several months for you to submit them. Following receipt of your RFE response, the USCIS continues to process your case.

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Denial

Denials may happen if you have inadmissibilities, a bar, or were suspected of a fraud marriage. If you’re denied, you may be ordered removed from the US. Waivers may be available as per USCIS’s discretion. You may be granted an opportunity to appeal the decision. 

Other outcomes: sometimes there are additional interviews (rare) in case an officer suspects fraud and you may be placed in further interviews.

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What happens after the interview

You will walk out the interview holding a letter in your hands with instructions on what to do next. Depending on the results, the steps and the timeline may vary.

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If you were Approved

Any marriage less than 2 years old when the I-485 is approved is automatically given a “Conditional” Green Card. A conditional LPR Card is valid only for 2 years. However, if your marriage is over 2 years old, you get the regular 10-year GC. 

Since most K visa marriages are less than 2 years old when they have a Green Card interview, they normally get a Conditional GC. 

In any case, your LPR card comes in the mail within 30 days following an approval of your application. Your online status may say “card in production” in the meantime. 

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If you got a Request for Evidence (RFE)

If you’re dealing with a Request for Evidence (RFE), you must respond back to any questions or requirements the USCIS has. Following submission of an acceptable response, the USCIS will consider it resolved and approve your petition. However, if the USCIS doesn’t accept your RFE response, they may try again or deny your application. 

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If your case is “Held for review”

If your case is “held for review”, you must wait for the USCIS to make a decision. They may even send an RFE if there are further issues that need resolving. At the end of the review period, the USCIS will make a decision.  

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If you were Denied

You may have several options following a denial, if the USCIS grants them. Many times a waiver is available; other times the USCIS may not give such privileges. It’s best to speak to an experienced expert for assistance / options if you’re denied. 

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Frequently Asked Questions

Here are a few commonly asked questions. Let’s start with the one I get most frequently.

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Is the interview hard? The answer is that it depends on how well you prepare for these three key areas. Do you have any inadmissibilities? Are your documents ready? And is your marriage bona fide and can you prove it? In general, K visa holders don’t find the Green Card interview as intensive as their visa interview. But still, the I-485 interview is a huge milestone and you must prepare accordingly. 

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Can my interview be waived? Interviews may be waived, but this is rare as the USCIS reserves it for specific cases (e.g. during COVID-19 shutdowns). Reasons for waivers include: if it’s considered unnecessary by the USCIS, severe illness, or if the USCIS thinks you’re clearly ineligible. Waiver for the spouse petitioner’s personal appearance: a military personnel spouse who is deployed, incarcerated spouse petitioner, severe illness, etc. Waivers are granted on a case-by-case basis. 

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Which category does a K visa holder apply under? You are referred to as an “immediate relative” after you marry each other within 90 days of entry. K-2 visa children are “derivative applicants” based on the principal applicant (K-1 parent). INA law 245

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Any differences for gay couples? Gay couples fall under the same eligibility criteria, requirements and procedures for Green Cards. There is no difference.

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Be sure to download the checklist and flowchart before you attend your interview.

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