WHICH SIDE OF THE BED DO YOU SLEEP ON?

 “Which side of the bed do you sleep on?” This is a common question asked by CIS at interviews. But the answer is not as easy as it appears. Which side of the bed is the Right side and which is the Left? That depends on where you are when you view the bed. The answer is different if you are standing at the foot of the bed, lying in bed or viewing the bed from above. 

 If you and your wife are confused about this when you have an interview with CIS, it could mean CIS will say you are in a sham marriage. The result of this decision is that your wife will lose her permanent resident status and employment authorization and she will be put in removal proceedings. The court can also impose a fine of $250,000 and five years in prison. But that’s not all.

 CIS recently added a new deterrent to sham marriages: freezing assets. CIS and ICE (Immigration and Customs Enforcement), can freeze all bank accounts, financial assets and financial instruments of the couple, pending another interview, or pending removal proceedings.

 CIS and ICE view marriage fraud as a threat to national security. The law says that any individual entering into a marriage for the purpose of evading the immigration laws can be fined and or imprisoned.

 USCIS has a Fraud Referral Sheet which contains a list of items that can indicate a sham marriage. Some of these “fraud indicators” on the list are surprising because these same indicators are present in a great many marriages of native-born US citizens. For example, USCIS says fraud may be indicated by "unusual cultural differences," or “low employment/financial status of petitioner," or "divorce/new marriage dates too close." 

 Unfortunately, Green Card applicants have a burden of proof that native-born Americans do not have. If an alien spouse gives the wrong answers, she may be deported.

 The New York Times newspaper published sample marriage interview test questions that are meant to discover fraud among Green Card applicants, such as Do you have any tattoos, which side of the bed does your spouse sleep on, when did you last have sex, what was the last movie you went out to see together?

 Many readers who were born in America wrote to the newspaper to say they failed the test. One reader said, “My wife and I got eight answers wrong! We’re both American citizens who’ve been married 10 years”. Another reader said, “My husband and I have been happily married for 38 years but I’m sure he couldn’t answer many of these questions. I think that we met in December, but maybe it was September. The truth is I just don’t remember."

 Many Viet Kieu who are American citizens feel that their English in good enough to answer CIS questions at an interview. That may be a mistake. To be certain about the content of the CIS questions and to be sure of giving the right answers, consider using an interpreter. USCIS does not provide an interpreter for an adjustment of status ornaturalization interview. An applicant needs to supply his or her own interpreter.

 The interpreter does not have to be a trained or licensed professional, although a professional interpreter is always recommended. Most applicants who need an interpreter for an interview with USCIS bring a friend or neighbor. This is not always a good thing. But, if you can’t afford to hire an interpreter, look for a person:

 · Who is not a family member.

· Who you can trust.

· Who will be on time and has all day to spare.

· Who can speak better English than you.

· Who is not a "notario" or immigration consultant.

 Unfortunately, sham marriages are attempted by couple of many nationalities and this makes it difficult for the couples who have an honest relationship. The only way to avoid problems with CIS is to prepare extensively for an interview. Don’t rely on the fact that you and your spouse know your relationship is real. You must be ready to provide sufficient proof to CIS that your marriage is a bona fide, genuine relationship.

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 Q.1. If my wife fails the interview for a permanent green card because of suspected marriage fraud, will she have a chance to appeal?

 A.1. Normally, an appeal is not possible. The couple can only wait until the alien spouse has a removal hearing. Then they can provide more evidence of relationship, or try to rebut the denial.

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 Q.2. Is there any way to make sure that the couple shares the same memories of household features?

 A.2. Create a photo album so that you and your spouse can review it together to avoid conflicting answers at a CIS interview. Include photos of each room in your house. Also include body photos of tattoos, birthmarks, etc.
 
ROBERT MULLINS INTERNATIONAL www.rmiodp.com lehaiminh@gmail.com
Immigration Support Services - Tham Van Di Tru

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