An I-130 only interview is a slightly different experience than an adjustment of status interview. If you are scheduled for an I-130 interview, it's generally because you or your spouse is in removal proceedings, or has already been deported from the United States. In the not-too-distant past, these cases were generally decided administratively, without an interview, but recently it has become very common to receive an interview notice even where the beneficiary is outside of the United States, if there were removal proceedings in the past. When you receive your interview notice, you'll see that it lists some documents that USCIS would like you to bring. The information listed falls into two categories: original biographic documents (your passport, birth certificate or other proof of US citizenship; marriage certificate; divorce decrees, etc.), and bona fides. USCIS will want to confirm that the biographic documents are the same as those you submitted with the initial filing, and will not keep your original documents. They will, however, keep some of your bona fides, so be sure that you have a copy you are comfortable giving away. The list on your interview notice is not exhaustive, so if you have other documents you think might be helpful to the officer in understanding your circumstances, do bring those. Remember, the documents on the list represent the type of documents USCIS likes to see--you may not have these exact items, so be creative about showing that your marriage is genuine. For instance, when one partner has been deported, there may not be joint bills or assets, but there may be evidence of wire transfers or bank deposits from one partner to the other, showing that the couple still maintains joint finances. If you travel to see your partner, you can bring copies of travel receipts--air or bus tickets, stamps in your passport, etc. Photos are always good, but don't overlook other evidence you might have, like cell phone records demonstrating phone calls back and forth, or mail sent to your spouse at your address in the US.
Once you have your evidence collected, you should spend some time thinking about the types of questions that are likely to come up in your case. In I-130 cases where the partners are both still in the US, the interview will be a joint interview, similar to an adjustment of status interview, but focused only on the marriage. Depending on why your partner is in removal proceedings, you may be asked some difficult questions about your choice to remain with your spouse. For instance, in cases where the partner is accused of immigration fraud, the US citizen spouse may be asked whether he or she is aware of the fraud, and how this impacts his or her opinion of the partner. As you are getting ready for the interview, thinking through your answers to these questions will help you to remain calm and collected. You shouldn't script an answer--you don't want to seem as if you have rehearsed--but you do want to be comfortable talking about the often difficult topics that might come up.
Most officers will begin the interview by reviewing the biographic information contained in the I-130. Whether it is a joint interview or one where a partner is abroad, you will likely be asked to confirm your partner's date of birth, current address, occupation, etc. You may be asked about your marriage--how you met, who proposed to whom, who attended your wedding, etc. If you or your partner have children, you will likely be asked about their names, dates of birth and relationships to the other partner. Always answer these questions honestly, but do make an effort to get to know the names of important people in your partner's life. Explaining that you are not close to your partner's children is an acceptable answer, but a better answer is to know their names and ages, and where/with whom they live.
In a joint interview, you and your partner may be separated and asked questions about your life together. There is a presumption that a marriage that begins after one person is placed in removal proceedings or ordered deported is primarily for immigration benefits, so in order to overcome that presumption, you will need to prove that your relationship is genuine. Since removal proceedings are a stressful time for any couple, your relationship may not be as strong as it once was, or as it would be if not for the looming threat of deportation. That's okay. Be honest about where you are as a couple--if you are having marital trouble, or if you have separated for periods of time, you will be better off in the long term being direct and honest about that than trying to conceal it. If you are asked a question, always give an answer that responds to that question honestly, without trying to conceal information. You don't need to volunteer information that is not requested, but you do need to be candid and responsive, and be prepared to explain your reasons for making the choices you have. If you are having marital difficulties, you may want to consider talking to an immigration attorney to prepare for the interview; you can always reach me at christina@cruddenlegal.com.
If your partner is abroad, your interview will focus on your relationship before your partner was deported or removed, as well as on the long-distance relationship you now maintain with your partner. Every relationship is different, but there is an expectation that you will see and talk to your partner on a relatively frequent basis, so if you have limited contact with your partner, be prepared to explain why that is. If it is because of martial difficulties, again, be prepared to talk about that candidly, but do consider contacting an immigration attorney for case-specific advice.
You may be given a decision orally at the end of the interview, but more likely, you will be told that you will receive a decision in writing within 90 days. If the case is approved and your partner is abroad, the notice will come from the service center with jurisdiction over your case, and the National Visa Center will be alerted to begin consular processing. If your partner is in removal proceedings, you'll receive the approval notice, but the National Visa Center won't be notified--instead, you'll take the I-130 approval with you to court, and seek a termination of the removal proceedings so that you can apply for adjustment of status. I hope that if you are in removal proceedings you are represented by an immigration attorney who can help you with this process; if you're not, please seriously consider finding someone you trust to work with. Again, you can always reach me at christina@cruddenlegal.com.
As always, you can reach me by email (christina@cruddenlegal.com), or by visiting my website, www.cruddenlegal.com. Good luck to you!
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