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The marriage green card interview: what the regulations require, what USCIS reviews and what happens if you miss it

8 CFR 245.6 says each adjustment applicant "shall be interviewed by an immigration officer," with limited exceptions. The regulations set out the evidence of a genuine marriage and the fraud bar, but they do not script the questions. A missed interview can lead to the benefit request being considered abandoned and denied (8 CFR 103.2(b)(13)(ii)).

The marriage green card interview is the part of the process most people worry about, partly because it is the part with the least written down. The regulations say that an interview happens, who may attend with the applicant, what happens if someone does not show up, and what USCIS must decide. They do not list questions, set a length or say how spouses are questioned. Anyone who tells you precisely what the interview will be like is describing practice, not the regulation.

This page sets out what the regulations do say as at 9 October 2026, from the eCFR and the US Code. It covers the interview rule, the notice and the consequences of not attending, the right to be accompanied by an attorney or accredited representative, the evidence the marriage rules point to, the fraud bar and its penalties, what USCIS has to tell you before a decision based on information you have not seen, and what the possible results are. It covers the USCIS interview for an adjustment of status application. A person processing through a US consulate abroad follows State Department instructions, which this page does not cover.

It does not predict questions, rate anyone's evidence, or advise on how to answer. Those are matters for an attorney or a DOJ-accredited representative who has the file.

The interview rule

The rule for an adjustment of status interview is short. 8 CFR 245.6: "Each applicant for adjustment of status under this part shall be interviewed by an immigration officer. This interview may be waived in the case of a child under the age of 14; when the applicant is clearly ineligible under section 245(c) of the Act or § 245.1 of this chapter; or when it is determined by the Service that an interview is unnecessary."

That last clause gives USCIS discretion. Not every marriage-based applicant is interviewed in practice, and the regulation does not say when USCIS finds an interview unnecessary. It also does not say whether the petitioning spouse must attend; in a marriage case the I-130 and the I-485 can be filed together (8 CFR 245.2(a)(2)(i)(B)), and the interview notice, not the regulation, says who has to attend.

A general rule on appearances also applies. 8 CFR 103.2(b)(9): "USCIS may require any applicant, petitioner, sponsor, beneficiary, or individual filing a benefit request ... to appear for an interview and/or biometric collection." USCIS "will notify the affected person of the date, time and location of any required appearance." The notice is the document to follow: it states the date, the place, who must come and what to bring.

The same rule gives options before the date. A person required to appear may, "before the scheduled date and time of the appearance," appear before it, "For good cause, request that the biometric services appointment be rescheduled," or "Withdraw the benefit request." The wording about rescheduling refers to biometrics appointments; the interview notice itself explains how to ask to move an interview.

What the interview is for. The regulations frame the adjudication, not the questions. 8 CFR 103.2(b)(1): "An applicant or petitioner must establish that he or she is eligible for the requested benefit at the time of filing the benefit request and must continue to be eligible through adjudication." For an I-130 and I-485 based on marriage, the interview is where an officer can ask about both: whether the marriage is valid and genuine, and whether the applicant meets the adjustment requirements (for example, the medical examination under 8 CFR 245.5 and the other conditions that Part 245 sets).

Attending with a lawyer or accredited representative

The regulations give a person a right to representation at an interview. 8 CFR 292.5(b): "Whenever an examination is provided for in this chapter, the person involved shall have the right to be represented by an attorney or representative who shall be permitted to examine or cross-examine such person and witnesses, to introduce evidence, to make objections which shall be stated succinctly and entered on the record, and to submit briefs."

Three points follow from this text.

  • The right is to an "attorney or representative." Who counts is set by 8 CFR 292.1, which lists attorneys, certain law students and graduates under supervision, reputable individuals appearing without payment on a one-off basis, accredited representatives of recognized organizations, and a few others. It closes with: "Except as set forth in this section, no other person or persons shall represent others in any case" (292.1(e)). Notaries and immigration consultants are not on the list.
  • A representative appears by filing a Notice of Entry of Appearance (Form G-28). Under 8 CFR 103.2(b)(19)(ii)(A), when a person is represented USCIS "will send original notices both to the applicant or petitioner and his or her authorized attorney or accredited representative."
  • The rule describes what a representative may do: examine, cross-examine, introduce evidence, object and submit briefs. It does not say how USCIS has to run the interview, and it does not say that the representative must be allowed to answer for the applicant.

If one spouse is represented and the other is not, or if two spouses want different lawyers, that is a question for the lawyers. Our page on who can give immigration advice explains the lists, and our page on hiring a lawyer for a marriage green card covers the cost and the choice between an attorney and an accredited representative at a nonprofit.

What the marriage rules point to

The interview happens within a set of rules about what makes a marriage-based petition approvable. The regulations do not give a checklist for the interview itself, but they say what counts as evidence of a real marriage and what bars approval.

The basic documents. 8 CFR 204.2(a)(2) says a petition for a spouse must be accompanied by "a recent ADIT-style photograph of the petitioner, a recent ADIT-style photograph of the beneficiary, a certificate of marriage issued by civil authorities, and proof of the legal termination of all previous marriages of both the petitioner and the beneficiary."

Evidence of a genuine marriage. The rule that bars approval of a spouse petition for a marriage entered during removal proceedings lists the kinds of proof that show a marriage "was entered into in good faith and not entered into for the purpose of procuring the alien's entry as an immigrant." Similar lists appear in 204.2(a)(1)(i) for prior marriages and in 216.4(a)(5) for the I-751. The kinds of proof include:

  • documentation showing joint ownership of property;
  • a lease showing joint tenancy of a common residence;
  • documentation showing commingling of financial resources;
  • birth certificates of children born to the marriage;
  • "Affidavits of third parties having knowledge of the bona fides of the marital relationship"; and
  • "Any other documentation which is relevant."

The list is introduced by "include, but are not limited to," so it is not a requirement list. The affidavit entry adds that such persons "may be required to testify before an immigration officer as to the information contained in the affidavit," and that affidavits must be sworn or affirmed by people with personal knowledge, giving "complete information and details explaining how the person acquired his or her knowledge of the marriage."

The fraud bar. 8 CFR 204.2(a)(1)(ii): "Section 204(c) of the Act prohibits the approval of a visa petition filed on behalf of an alien who has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws. The director will deny a petition for immigrant visa classification filed on behalf of any alien for whom there is substantial and probative evidence of such an attempt or conspiracy, regardless of whether that alien received a benefit through the attempt or conspiracy. Although it is not necessary that the alien have been convicted of, or even prosecuted for, the attempt or conspiracy, the evidence of the attempt or conspiracy must be contained in the alien's file."

The criminal provision. 8 U.S.C. 1325(c): "Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both."

Other rules that can come up. A petition by a permanent resident spouse for a marriage within five years of obtaining permanent residence through an earlier marriage needs "clear and convincing evidence" about the earlier marriage (204.2(a)(1)(i)); and a petition for a marriage "while the alien was in exclusion, deportation, or removal proceedings" is not approved unless an exemption applies (204.2(a)(1)(iii)). These are fact-specific, and whether either applies to a given couple is for a lawyer.

If you miss the interview

The consequences of not attending are in 8 CFR 103.2(b)(13)(ii): "Except as provided in 8 CFR 335.6, if USCIS requires an individual to appear for biometrics capture, an interview, or other required in-person process but the person does not appear, the benefit request shall be considered abandoned and denied unless by the appointment time USCIS has received a change of address or rescheduling request that the agency concludes warrants excusing the failure to appear."

The 335.6 exception is for naturalization interviews, where there is a 30-day window to explain. For an adjustment interview, the key words are "by the appointment time": a rescheduling request has to be in before the appointment, and USCIS decides whether it "warrants excusing" the absence. A related paragraph says "Failure to appear for required fingerprinting or for a required interview, or to give required testimony, shall result in the denial of the related benefit request" (103.2(b)(14)).

A denial for abandonment can be challenged only in a limited way. 103.2(b)(15): "A denial due to abandonment may not be appealed, but an applicant or petitioner may file a motion to reopen under § 103.5. Withdrawal or denial due to abandonment does not preclude the filing of a new benefit request with a new fee." The motion deadline is 30 days (103.5(a)(1)(i)); see our page on Form I-290B.

The same rule at the I-751 stage. If the marriage produced a two-year conditional green card, a missed I-751 interview is dealt with by 8 CFR 216.4(b)(3): the permanent resident status "will be automatically terminated as of the second anniversary," with a Notice to Appear. Our page on I-751 denial sets out those rules.

What USCIS must tell you before an adverse decision

A person at an interview may be shown information they did not know the agency had. The regulation gives a protection, with exceptions for classified information. 8 CFR 103.2(b)(16)(i): "If the decision will be adverse to the applicant or petitioner and is based on derogatory information considered by the Service and of which the applicant or petitioner is unaware, he/she shall be advised of this fact and offered an opportunity to rebut the information and present information in his/her own behalf before the decision is rendered." Section (b)(16)(ii) adds that "A determination of statutory eligibility shall be based only on information contained in the record of proceeding which is disclosed to the applicant or petitioner," subject to the classified-information exception in (b)(16)(iv).

Other rules that can change the timeline:

  • A request for evidence or a notice of intent to deny. After an interview USCIS can ask for more proof. An RFE can allow at most twelve weeks, and a notice of intent to deny at most thirty days, with no extensions (103.2(b)(8)(iv)). Our pages on the request for evidence and the notice of intent to deny set out how responses work.
  • Withholding adjudication. 103.2(b)(18) lets USCIS withhold adjudication where an investigation is under way and disclosure "would prejudice the ongoing investigation," with a review of that decision at set intervals.
  • Decision notice. For an adjustment application, 8 CFR 245.2(a)(5)(i) says the applicant "shall be notified of the decision of the director and, if the application is denied, the reasons for the denial."

The regulations do not say how long a decision takes. Processing times are published by USCIS on its own site, and this page does not quote them.

The possible results, and where each goes next

The regulations describe results in general terms. What follows from each is covered on separate pages.

  • Approval. The adjustment application is granted, subject to the rules for the type of residence granted. Whether it is conditional is governed by section 216 of the Act and 8 CFR part 216; if so, the I-751 follows. See removing conditions with Form I-751.
  • Request for evidence or notice of intent to deny. The case stays open while the response is prepared, within the limits above.
  • Denial of the I-130. An appeal from a relative petition decision goes to the Board of Immigration Appeals on Form EOIR-29, filed with DHS within 30 days, not on the I-290B (8 CFR 1003.1(b)(5), 1003.3(a)(2)). See I-130 denied.
  • Denial of the I-485. 8 CFR 245.2(a)(5)(ii): "No appeal lies from the denial of an application by the director, but the applicant, if not an arriving alien, retains the right to renew his or her application in proceedings under 8 CFR part 240." See I-485 denied.
  • Abandonment. If the interview is missed, see above.

If the marriage-based application is denied, other questions follow about work permission, travel and time in the United States. They depend on the person's dates and status, and a lawyer should answer them.

Where marriage interview steps go wrong, from the rules

These follow from the text above and are not predictions.

  • Missing the interview, or asking to reschedule after the appointment time (103.2(b)(13)(ii)).
  • Not telling USCIS about a change of address. The abandonment rule refers to a change of address received by the appointment time.
  • Treating the lists of evidence in the regulations as complete. They are described as examples ("include, but are not limited to").
  • Bringing witnesses whose affidavits are not sworn or lack the details the rule asks for (204.2(a)(1)(iii)(B)(5)).
  • Signing a statement without reading it. A determination of statutory eligibility "shall be based only on information contained in the record of proceeding" (103.2(b)(16)(ii)).
  • Using a notario or consultant to attend or prepare. Under 8 CFR 292.1(e), they may not represent anyone.
  • Assuming a denial can be appealed in the same way for every form. The I-130, the I-485 and the I-751 each have their own rule.
  • Overlooking the criminal provision. 8 U.S.C. 1325(c) applies to anyone who "knowingly enters into a marriage for the purpose of evading any provision of the immigration laws."

Who can help. Our page on whether you need an immigration lawyer covers the licensing rules, and the page on marriage green card costs lists the USCIS fees as in 8 CFR 106.2, with the G-1055 fee schedule as the check before paying.

Finding a licensed attorney or accredited representative

Migratio's directory lists immigration attorneys and DOJ-accredited representatives. Listings are shown in a neutral order with factual filters (state, language, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer, and it is not a lawyer referral service. Check any listing yourself against the state bar or the EOIR roster before you sign anything.

See attorneys and accredited representatives in the directory.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

Is an interview required for a marriage green card?

8 CFR 245.6 says each adjustment applicant "shall be interviewed by an immigration officer," and lists three cases in which the interview may be waived: a child under 14, a clearly ineligible applicant, or when USCIS determines an interview is unnecessary. The interview notice states whether a particular case has one.

What questions does USCIS ask at a marriage interview?

The regulations do not list questions, set a length or say how spouses are questioned. They set out the evidence rules and the fraud bar (8 CFR 204.2(a)) and the applicant's burden to establish eligibility (8 CFR 103.2(b)(1)). Beyond that, the interview notice and USCIS's published guidance are the places to check, and a lawyer who has the file can advise.

Can I bring a lawyer to my marriage green card interview?

Yes. 8 CFR 292.5(b) says a person has "the right to be represented by an attorney or representative who shall be permitted to examine or cross-examine such person and witnesses." Only the people on the list in 8 CFR 292.1 may represent others. A Form G-28 must be filed.

What happens if I miss my green card interview?

Under 8 CFR 103.2(b)(13)(ii), the benefit request is considered abandoned and denied unless USCIS has received a change of address or rescheduling request by the appointment time that it concludes warrants excusing the failure to appear. A denial for abandonment cannot be appealed, but a motion to reopen can be filed (103.2(b)(15)).

What counts as evidence of a real marriage?

The regulations give examples, not a checklist: joint property, a lease showing joint tenancy, commingled finances, birth certificates of children, sworn third-party affidavits and other relevant documents (8 CFR 204.2(a)(1)(iii)(B)). The list is introduced by "include, but are not limited to."

What is the penalty for marriage fraud?

Federal law, 8 U.S.C. 1325(c), provides for imprisonment for "not more than 5 years, or fined not more than $250,000, or both" for anyone who knowingly enters into a marriage to evade the immigration laws, and 8 CFR 204.2(a)(1)(ii) requires denial of a petition where there is substantial and probative evidence of an attempt or conspiracy to do so.

Sources

Last checked 2026-10-09.

Related guides

  • Do I need a lawyer for a marriage green card? — No rule requires one. A spouse filing inside the US pays $675 for the I-130 and $1,440 for the I-485 (age 14+). If the green card is granted on a conditional basis, the I-751 must be filed in the 90 days before its second anniversary, or permanent residence ends automatically.
  • Marriage green card cost in 2026: inside the US vs abroad — For the spouse of a US citizen, the I-130 is $675. Inside the US the I-485 adds $1,440. Abroad, the State Department immigrant visa fee is $325 and USCIS's immigrant fee is $235. A marriage under 24 months old at approval leads to a conditional card and a later I-751 at $750.
  • Green card through marriage: the forms, the fees and the steps — A marriage green card starts with a Form I-130 petition ($675 on paper), then runs either through adjustment of status inside the United States (Form I-485, $1,440) or an immigrant visa from abroad (State Department fees $325 plus the $235 USCIS immigrant fee). A marriage less than 24 months old when status is granted produces a two-year conditional green card, which must be removed with Form I-751 ($750) in the 90 days before the second anniversary.
  • I-130 denied: how the appeal, motion and refiling rules work, with deadlines and fees — An I-130 denial must state its specific reasons and the route for review (8 CFR 103.3(a)(1)). Family-petition denials fall under the Board of Immigration Appeals (8 CFR 1003.1(b)(5)), where the notice of appeal is due within 30 days of service on Form EOIR-29 with a $1,060 fee. A new I-130 costs $675.
  • I-485 denied: what the regulations say about appeals, motions, renewal and your work permit — 8 CFR 245.2(a)(5)(ii) says "no appeal lies from the denial" of an adjustment application. The regulations leave two routes: a motion to reopen or reconsider on Form I-290B within 30 days ($800), and, for an applicant who is not an arriving alien, renewing the application in removal proceedings. A work permit has its own validity date and its own revocation rule.
  • Form I-751: removing the conditions on a two-year green card — A green card based on a marriage of under 24 months at approval is conditional. The I-751 ($750) must be filed in the 90 days before the card's second anniversary (8 CFR 216.4(a)(1)). Missing the window terminates status unless USCIS accepts good cause for late filing.
  • I-751 denied: what the regulations say happens to your status, and where review takes place — 8 CFR 216.4(d)(2) says that when USCIS denies a joint I-751, it issues a Notice to Appear, the person's permanent resident status "shall be terminated as of the date of the director's written decision," and "No appeal shall lie from the decision of the director." The regulation allows review of the denial in removal proceedings, where the burden is on the government.
  • USCIS Request for Evidence (RFE): the deadline, your options and what happens if you miss it — A Request for Evidence gives a date to respond, and under 8 CFR 103.2(b)(8)(iv) that response period can never be longer than twelve weeks. Additional time "may not be granted". The regulation lets the applicant send everything, send part and ask for a decision on the record, or withdraw.
  • Who can legally give US immigration advice? — Attorneys in good standing and DOJ-accredited representatives of recognized non-profits can advise and represent you; a few narrow categories can appear unpaid. Notaries, notarios and immigration consultants cannot give immigration legal advice. Form preparers may only fill in blanks for a nominal fee.