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For many people with a pending immigration process, it can be intimidating or even frightening to find immigration officers at their door one day. This is especially true for spouses awaiting the approval of a marriage petition or removal of conditions on a Green Card. These visits were previously reserved mainly for cases in which U.S. Citizenship and Immigration Services (USCIS) suspected marriage fraud, but that has changed.
Now that the Department of Homeland Security (DHS) has more resources to devote to immigration crackdowns, home site visits for people seeking immigration benefits have increased in frequency. Not only are married couples coming under more scrutiny, but beneficiaries of marriage petitions who are seeking to become United States citizens are also subject to home visits.
What Is the Purpose of a Home Site Visit?
The purpose of home site visits is to help USCIS determine if an immigrant petition or petition to remove conditions on a Green Card is based on a real marriage between two people, or if there is possible marriage fraud based on gaining an immigration benefit. During these visits, immigration officers will check for signs that the couple has a legitimate relationship.
What Happens During a Home Site Visit?
When immigration officers conduct home visits, they usually take photos of the rooms, interview applicants and sometimes their neighbors, separate couples to ask questions about their relationship, and go through their belongings and phones.
What Type of Evidence Are Officers Seeking?
- Proof of shared residence between spouses (shoes, toiletries, clothes for both in drawers and closets, etc.)
- A shared bedroom with personal items belonging to both spouses
- A shared bed with pillows for both spouses
- Laundry with items for both spouses
- Neighbors who can confirm that both spouses live at the address
- Both spouses present at home during an early-morning visit
- The same address on petitions and on documents such as lease or mortgage, and household bills
- Similar and consistent accounts of the spouses’ relationship history, including where, when, and how they met, their places of employment, and what they do outside of work
- Photos of the couple taken over time, such as on vacation, celebrating holidays together, or spending time with their family members and friends
What Happens if You and Your Spouse Do Not Live Together?
Some couples do not live together, even though they have a bona fide marital relationship. The reasons for this can vary, but most often stem from job location issues, financial difficulties, or the need to temporarily care for ill or elderly parents. If you and your spouse are seeking an immigration benefit but live separately, you must provide additional proof that your marriage is legitimate. This may include evidence supporting the reason for living apart, as well as proof of the time you spend together in person or communicating regularly.
Home site visits are expected to continue increasing under this administration. The burden of proof will be on you and your spouse to show that your marriage is bona fide and not merely entered into for an immigration benefit. Providing credible evidence is necessary, whether you are filing a marriage petition, Removal of Conditions petition, or even an application to become a United States citizen.
If you have a pending marriage or Removal of Condition petition, or naturalization application based on marriage and you are concerned about a home visit, or if you have questions regarding another immigration legal matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
