TN Visa Professionals and Marriage to a U.S. Citizen.

1. Investigation and Evaluation of the I-130 Petition. INA § 204 (b); AFM § 21.2 – § 21.3.

U.S. immigration will review most petitions without the need of a personal interview. However, the facts of an individual case may require a personal interview, e.g., especially regarding the bona fides of a marriage for foreign citizen in removal proceedings.

The USCIS Service Center will refer the petition to the local USCIS office having jurisdiction over the Petitioner. The local office would then schedule the interview. Once a Service Center has referred a petition to a local office, the local office will have full responsibility for the petition.

An immigration inspector will consider the following as indications that a foreign citizen may have entered the marriage solely for immigration benefits:

• Large disparity of age;
• Inability of Petitioner and Beneficiary to speak each other’s language;
• Vast difference in cultural and ethnic background;
• Family and/or friends unaware of the marriage;
• Marriage arranged by a third party;
• Marriage contracted immediately following the Beneficiary’s apprehension or receipt of notification to depart the United States;
• Discrepancies in statements on questions for which a husband and wife should have common knowledge;
• No cohabitation since marriage;
• The Beneficiary is a friend of the family;
• The Petitioner has filed previous petitions in behalf of foreign citizens, especially prior spouses.