This article shares insights from an official document called the Fraud Referral Sheet. This document is used by immigration officers to evaluate whether a marriage-based green card case might involve fraud. It outlines factors that can lead to additional interviews or site visits. Let’s delve into what officers look for and how to prepare for a smooth process. Click here to download the USCIS Fraud Referral Sheet
Categories of Fraud Indicators
The Fraud Referral Sheet is divided into two main categories:
- General Behavioral Fraud Indicators
- Specific Fraud Indicators for Documentation and Circumstances
1. General Behavioral Fraud Indicators
Officers assess the behavior of applicants during interviews. Here are ten key points:
- Extreme Nervousness: Excessive fidgeting or agitation during the interview can raise red flags.
- Over-Interaction: Avoid giving overly detailed or irrelevant answers. Respond to questions succinctly without offering unnecessary information.
- Lack of Knowledge: Failing to answer basic questions about your spouse, such as where the wedding ring was purchased, can indicate fraud.
- Lateness: Arriving late to the interview is not only unprofessional but could also lead officers to doubt the sincerity of the case.
- Attorney Prompting: If answers appear to be directed or prompted by an attorney, this can raise suspicion.
- Lack of Interest: A genuine couple typically shows engagement and interest. Disinterest or detachment may signal issues.
- Lack of Eye Contact: Maintaining eye contact is seen as a sign of honesty and confidence.
- Evasive or General Answers: Avoid giving vague or evasive responses.
- Attorney Interruptions: An attorney interrupting answers during the interview can indicate potential fraud.
- Distracting or Misleading Behavior: Attempts to distract or mislead the officer, either by the attorney or the applicant, are serious red flags.
2. Specific Fraud Indicators for Documentation and Circumstances
This category examines the submitted evidence and the case’s background.
Common Indicators:
- Over-Submission of Documents: Providing excessive documentation, such as stacks of photos, can appear as overcompensation.
- Staged Photographs: Photos that look unnatural or overly curated may lead officers to question their authenticity.
- Short Time Between Entry and Marriage: Marrying soon after entering the U.S. can raise suspicions of intent.
- Unusual Marriage Histories: A history of multiple sponsorships by the petitioner can be a red flag.
- Children Born to Other Parents During Marriage: This can complicate the case and trigger further scrutiny.
- Large Age Discrepancies: Significant age differences between spouses can lead to additional questions.
- Close Divorce and Remarriage Dates: Marrying immediately after a divorce may be viewed skeptically, especially if prior sponsorships were involved.
- Unusual Family Associations: If the families of the petitioner and beneficiary are unusually close, officers may suspect ulterior motives.
- Low Financial Status of Petitioner: Financial instability could indicate a potential arrangement for monetary gain.
- Cultural Differences: While not conclusive, significant cultural differences might invite closer examination.
How to Avoid Issues
- Prepare Thoroughly: Be familiar with your spouse’s details, and practice answering questions clearly and honestly.
- Be Punctual: Arrive on time to avoid unnecessary complications.
- Submit Genuine Documentation: Provide only authentic and reasonable evidence to support your case.
- Maintain Composure: Stay calm and composed during the interview.
Conclusion
Understanding the Fraud Referral Sheet can help you prepare for a marriage-based green card interview.