How to Get an Interview Waiver for your Marriage Green Card via Adjustment of Status

The process of obtaining a Green Card through marriage can be long and complicated, with various steps and requirements to be met. One of the most intimidating aspects for many couples is the consular interview. However, in certain cases, it is possible to obtain a waiver for this interview. In this article, we'll explore in detail how you can qualify for a consular interview waiver to ease your path to permanent residency in the United States.

Don't delay obtaining your Green Card. At Alvva, we want to contribute to fulfilling your immigration dreams!

What is the Interview Waiver for Marriage-Based Green Cards?

Certain applicants for a marriage-based Green Card can be exempted from having to attend the visa interview after submitting their application packet. This not only speeds up the visa approval process but also reduces the emotional and logistical burden for couples. At this time, we’re seeing that a waiver is more likely for an adjustment of status, where the spouse is already in the US, vs. for consular processing, where the spouse lives in another country.

The availability these exemptions in the first place is in response to various factors, including the accumulation of pending cases at immigration offices, as well as the need to optimize resources and time both for applicants and for the authorities. Additionally, exceptional situations such as global health emergencies have prompted the adoption of flexible measures to maintain the flow of immigration processes, in order to account for restrictions and delays caused by these circumstances.

It is important to note that the interview waiver option is not a permanent measure. Its availability is subject to changes in immigration policies and the operational needs of the immigration authorities. Therefore, we recommend couples considering applying for a Marriage Green Card to start their application as soon as possible. In this way, they can take advantage of the current policies and avoid potential complications, delays, and fee increases in the future.

Criteria to Qualify for an Interview Waiver

Not all Marriage Green Card applications are eligible for an interview waiver. United States Citizenship and Immigration Services (USCIS) have specific criteria that must be met to consider the waiver:

To start, you must present clear and convincing evidence of a legitimate marriage. At this point, it is important to provide strong proofs that demonstrate that your marriage is genuine and was not performed with the purpose of evading US immigration laws.

Another requirement to consider is that both you and your spouse must have an uncomplicated immigration history. This means there should be no previous visa violations, illegal entries into the country, or any other failure to follow immigration laws. A problematic history can be a sufficient reason for the interview to be required.

Steps to Better your Chances of an Interview Waiver

It is important to note that the consular interview waiver does not mean that the process is exempt from verification or close review. To improve your chances of getting a consular interview waiver, it is important to follow a series of detailed steps that ensure compliance with all the requirements established by USCIS. Below are the general steps you should follow:

  1. Gather all the necessary documentation: Before starting the application process, it is crucial to gather all the required documents that support the authenticity of your marriage, your eligibility and that of your spouse for the Green Card, and any other evidence that supports your case for the interview waiver. This includes Form I-130, marriage certificate, Form I-864, a copy of the foreign spouse's passport, evidence of a genuine relationship, and any other relevant document.
  2. Complete Form I-130 (Petition for Alien Relative): The US citizen or legal permanent resident must complete and submit this form to start the Green Card application process for their spouse. Make sure to follow all instructions and provide accurate information.
    Send the application package: Once you have completed Form I-130 and gathered all the supporting documents, you must send the complete package to the address provided by USCIS. Make sure to include any required processing fee and send the package to the correct address according to specific instructions for your case.\
  3. Include in your application package a letter or statement specifically requesting the consular interview waiver. In this letter, clearly explain why you believe your case qualifies for a waiver, based on the criteria established by USCIS and providing relevant evidence to support your request.
  4. Wait for USCIS notification: Once your application has been submitted, USCIS will review your case. This process can take several months. During this time, you may be asked for additional documents or clarifications.
  5. Receive the decision: Finally, you will receive a notification from USCIS with the decision regarding your interview waiver application. If your application is approved, you will follow the remaining steps to obtain the Green Card as indicated. If the waiver is not granted, you must prepare to attend the scheduled consular interview

Remember that each case is unique, and the specific steps may vary slightly according to individual circumstances. It is advisable to seek specialized immigration advice to ensure compliance with all the requirements and appropriate procedures for your particular situation. And at Alvva, we are committed to helping you!

For Alvva's clients, our personalized service simplifies and speeds up the marriage-based Green Card application process. With our support, we guarantee you won't be alone on this journey.

Here’s how we can help you increase your chances of obtaining a waiver:

  1. Required Documentation: We take care of advising you in collecting all the necessary documentation that supports the authenticity of your marriage and your eligibility for the Green Card. This includes helping you prepare Form I-130, ensuring that your marriage certificate and all relevant documents are complete and properly organized.
  2. Completing Form I-130: We provide you with detailed assistance to complete Form I-130 (Petition for Alien Relative), ensuring that all information is accurate and presented in an appropriate manner. Our goal is to minimize errors that may delay the process.
  3. Preparation of the Application Package: Our service includes preparing the complete application package, ready to be sent to USCIS. We guide you on how to include a letter or statement that specifically requests the consular interview waiver, supporting your application with strong arguments and relevant evidence.

Furthermore, we are fully aware that throughout the process you may have new doubts or require additional assistance. Therefore, for those times when you have questions or need additional support with the progress of your application, our team is available to help. You can easily contact us via WhatsApp, phone, and email, channels that we have enabled to ensure smooth and effective communication with our clients.

Apply Successfully for the Interview Waiver for your Marriage-Based Green Card!

Obtaining an interview waiver can be a significant relief for many couples in the Marriage Green Card application process. However, it is important to remember that each case is unique and the approval of an interview waiver depends on the applicants' ability to meet specific USCIS criteria and provide solid and convincing documentation.

At Alvva, we are committed to giving you not just the necessary guidance to start your process with confidence but also continued support throughout your journey to obtaining the Marriage Green Card. Contact us now to begin your process!