How Do I Know If My Marriage Interview Is Waived Blog - Warren Law

How Do I Know If My Marriage Interview Is Waived?

Recently, many immigrants have reported that their interviews for marriage green cards have been waived, so you may ask, “How do I know if my marriage interview is waived?” We will answer that question in this blog post, but first we will go over some why people are starting to ask if their marriage interview could be waived.

The marriage interview is a standard part of the marriage green card process. U.S. Citizenship and Immigration Services (USCIS) has always had the discretionary power to waive interviews, but historically immigration officials did not bend on the marriage green card interview step of the process. In fact, the official USCIS policy is that to get a marriage green card, you must attend an interview.

Warren Law Firm has over 20 years of experience with family-based immigration, including helping our clients successfully petition for marriage-based immigrant visas and apply for green cards using Adjustment of Status. If you are seeking a marriage-based green card, please contact Warren Law Firm today.

Why People Are Asking, “How Do I Know If My Marriage Interview Is Waived?”

Word gets around quickly in today’s world of mass communication. It’s true that at our firm, an increasing number of our clients who petition for a marriage-based immigrant visa are seeing their marriage interviews waived by USCIS. Historically, it was nearly unheard of for any immigration official to waive the marriage interview. It was thought of as the most important tool officials used to identify a bona fide marriage.

“How do I know if my marriage interview is waived,” became an unusually valid question sometime in 2023. USCIS began waiving more interviews and the result was a reduced backlog for the first time in over a full decade. We began noticing waived interviews for some employment-based green cards first, and then for some family-based green cards. Recently, we’ve seen even marriage interviews being waived by USCIS. This was once virtually unheard of!

Presumably due to backlogs caused by the pandemic and long wait times, USCIS has been waiving some marriage interviews for people applying for green cards through Adjustment of Status using Form I-485. This is not an official USCIS policy, and there is no definitive way to ensure that USCIS will waive your marriage interview.

Signs That Your Interview Has Been Waived

Do I Know If My Marriage Interview Is Waived - Warren LawOne of the apparent signs that USCIS may choose to waive the marriage interview is if the agency sends you a request for evidence asking for your Form I-693, Report of Immigration Medical Examination and Vaccination Record. In this request for evidence letter it may even state something such as, “Your form I-485 will be reviewed and may be adjudicated without an interview.” This isn’t a good reason to stop preparing for the interview, but it is a positive sign that your marriage interview could be waived by USCIS.

Some have reported calling USCIS to check for an update only to learn that their interview was waived. Some have reported that they received an email from USCIS informing them that interview was waived. Overwhelmingly though, couples waiting to receive notification of a scheduled interview learn that their Form I-485 was approved. For many people expecting an interview, the swift progress on their green card approval is so unexpected they question the validity of the letter.

Ways To Increase Your Chances That Your Marriage Green Card Interview Will Be Waived

While there is no official marriage interview waiver policy, some things can increase your chances of not having to go through the stressful marriage interview. Factors that could increase your chances that USCIS will waive your marriage green card interview include:

  • Working with an attorney who can ensure your filing is complete so that USCIS won’t need to send out a Request for Evidence
  • Completing your medical exam and vaccinations so you can submit Form I-693, Report of Medical Examination and Vaccination Record with your Form I-485
  • Having no criminal background or immigration law violations
  • Having never been denied a visa
  • Having no inadmissibility issues
  • Providing as much evidence as possible demonstrating a bona fide marriage, including cohabitation at the same residence
  • Having children together
  • Submitting certified copies or originals of all documents
  • Providing evidence that when the foreign spouse entered the country, they were inspected, paroled, interviewed by an immigration officer

If My Interview Isn’t Waived, Is That a Bad Sign?

With stories of USCIS waiving the marriage interview for Adjustment of Status marriage green cards, some couples are wondering if having to go to the marriage interview is a bad sign.

It is absolutely not a bad sign if your marriage interview is scheduled. In fact, it’s still normal for married couples to have to experience the green card interview. If you work with an experienced immigration attorney, you will be fully prepared for the marriage interview. If it turns out the interview is waived, that’s fantastic, but there’s absolutely no cause for concern just because your marriage interview isn’t waived.

Do You Need an Immigration Attorney?

If you need to file for an Adjustment of Status, if you need to petition for your spouse’s green card, or if you need to bring your foreign fiancé to the United States to get married, consult with an experienced immigration attorney who won’t let you down. Contact Warren Law Firm today.

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Over 20 years of experience in procuring visas for those in need, settling US immigration issues, defending against deportation and advising international businesses. 

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