QUOTE(Ha My @ Jan 3 2009, 09:44 PM)
HM kho^ng hie^?u la('m ve^` ma^'y chuye^.n na`y, chi? nghe ng` ta no'i chu't chu't nha^'t la` ve^` vie^.c ho^n nha^n gia?. HM chi? muo^'n ho?i la` 2 ng` di~ nhie^n phai co' cu`ng mo^.t address dde^? de^~ cho vie^.c la`m gia^'y to*` nhu*ng ma` co' ca^`n pha?i o*? chung nhau kho^ng? bo^. ng` ta to*'i nha` check thie^.t ha? ne^'u ma` dda~ co' the? xanh 10 na(m thi` sao?
thie^.t ra thi` ta.i HM ho?ng ra`nh ne^n hong da'm no'i ba^.y ru?i ng` ta tu*o*~ng thie^.t thi` to^.i ma` la.i kho^ng bie^'t ho?i ai ne^n mo*'i cha.y le^n dda^y la`m phie^`n ca'c anh chi.

.i,,,,,
Nếu người đó muốn biết chính xác thì HM nên khuyên họ liên lạc hỏi trực tiếp luật sư chuyên về di trú. Về mặt luật pháp nếu không biết rành, làm hay hiểu sai thì sẽ bị thiệt thòi rất nhiều.
SDA tìm thấy tài liệu nầy liên quan đến việc kết hôn với công dân Mỹ nè, HM đưa người đó đọc thử xem. Trong tài liệu cũng có nhắc đến việc nhân viên sở di trú đặt câu hỏi "did the bride and groom intend to establish a life together?" và các yếu tố khác để biết hôn nhân đó thật hay giả. Nếu có nghi ngờ hay có người tố cáo, họ có thể đến viếng thăm bất ngờ để xem hai người có thật sống chung hay không.
United States Marriage Fraud Law CODE
http://www.4immigration.com/index.php?option=com_content&task=view&id=132&Itemid=106
One of the quickest ways to adjust one’s status in the United States is through a lawful marriage to a U.S. citizen. As a result, the Immigration Service saw many sham or business marriages. To protect the agency and the country from fraudulent applications and marriages, Congress passed Immigration Marriage Fraud Amendments of 1986.
Marriage now results in conditional residence status unless it is more than two years old at the time of granting the immigrant status. Two year period is measured from the time residency is granted. Conditional residence status may be terminated if before the second anniversary of the grant of conditional residence, the Immigration Service determines: 1) marriage was judicially terminated, such as a divorce, or 2) marriage was entered into to gain an immigration benefit, or 3) the couple failed to petition (Form I-751) the Immigration Service to remove conditions within 90 days prior to second anniversary of conditional residence or the couple failed to attend their interview, unless the non-citizen has filed Form I-751 seeking a waiver of the joint filing requirement. Conditional residence becomes permanent residence after second anniversary of status if it is not terminated for any of the above reasons.
Immigration Marriage Fraud Amendments Act covers spouses, children of spouses, and K visa fiancés.
If the Immigration Service suspects that an alien has entered into a sham marriage, that alien is subject to removal from the United States. For that to happen, the marriage must be fraudulent at its inception or from the very beginning.
To determine whether the marriage was fraudulent at inception, the Immigration Service looks at several factors.
The question that becomes relevant is: did the bride and groom intend to establish a life together? The government looks at the subjective state of mind. However objective factors are also considered. The conduct of parties before and after the marriage is relevant. To prove validity of the marriage, the couple must present evidence which may include, but is not limited to, insurance policies, property, leases, income tax, bank accounts, etc. Additionally, the couple must be consistent in its answers to the immigration officer.
If the Immigration Service makes a final determination that an alien entered into a marriage for the sole purpose of gaining an immigration benefit, then that becomes a permanent bar to approval of any subsequent immigrant visa petitions.
Marriage fraud is a serious crime that carries with it a severe monetary penalty and even possible jail time for the citizen spouse. For the alien spouse, a determination of a sham marriage means a possibility of never becoming a Lawful Permanent Resident in the United States and an imminent removal.
The Stokes Interview
A stokes interview is when a husband and wife are separated from each other and asked a series of personal and intrusive questions, such as what is the color of their shower curtains. Contrary to what is depicted in the movies or on television, the Immigration Service does not always and automatically put a couple through this grueling ordeal. When an individual sponsors his or her spouse for permanent residence (green card), the Immigration Service will schedule them for an interview to determine if the marriage was entered into in good faith. At this first interview, the husband and wife are not separated from each other, and the interview usually lasts about half an hour. The questions asked at this interview are usually straightforward and not too invasive. If the Immigration Officer is satisfied that the marriage is a genuine one, he or she will approve the green card application.
What Happens If You Are “Stoked”?
Only after an Immigration Officer is not convinced of the bona fides of a marriage will a couple will be referred to a secondary interview, known as a “Stokes” interview. It is during this second interview that an Immigration Officer will question the husband and wife separately.
So what can one expect at the Stokes interview? First, dress comfortably, because the interview will last a long time! Depending on the examiner, a Stokes interview can take up to four and a half hours. This does not include the time spent waiting to be called for the interview, which can be as long as several hours. Second, be prepared to be asked intimate details about your life with your spouse. Although examiners are not supposed to ask private or embarrassing questions, they have been known to push the envelope. The interview will start with the examiner administering an oath to the husband and wife that they will answer all questions truthfully. After being sworn in, the examiner will ask the couple whether they wish to submit documentary proof of their life together as husband and wife. You bring with you as much proof of your marital relationship, including copies of joint tax returns, joint bank account statements, joint bills (utility bills, credit card bills, etc.), joint insurance (health, life, car, etc.), joint lease agreements or joint deeds to any property you may own together, and photographs of you two together, with family and friends.
After collecting these documents, the examiner will escort one spouse out into the waiting area and then begin questioning the other spouse (there is no particular order as to who will be interviewed first). It should be noted that the entire interview is taped, so that a record of proceedings is created on which the examiner will base his or her decision. This taped record of proceedings is also important in case the couple does not agree with the officer’s decision and wishes to file an appeal (see below for more details).
So what kind of questions are asked at the Stokes interview, you may wonder? Expect the questions to be much more extensive and in-depth than those posed at the initial adjustment interview. The examiner’s questions will delve into the minute details of a couple’s daily lives. You would be surprised at how personal and seemingly trivial or insignificant the questions can be. Some of the questions that I have heard posed at Stokes interviews include:
Who woke up first this morning – you or your spouse?
Did your spouse have breakfast this morning? What did he or she eat?
What side of the bed does your spouse sleep on?
How many drawers are there in your chest?
What time did your spouse go to sleep last night?
What did you and your spouse have for dinner last night?
What subway train did you take to come to the interview? From what station?
After the examiner is finished questioning the spouses individually, he or she will call both the husband and wife back into the office. If there are any discrepancies any of the answers, the examiner will give the couple a chance to explain or clarify. The examiner usually will not render a decision on the petition immediately after the interview, but will probably want to compare the answers for consistency and review any joint documents submitted. Hopefully, if the examiner is satisfied that there is sufficient proof that the marriage was entered into in good faith, he or she will approve the petition.
What happens if the petition is denied?
If the immigration examiner denies your petition but you believe that the decision was made in error, you may appeal that decision by filing Form EOIR-29 Notice of Appeal. Should you wish to file an appeal, it is highly recommended that you consult an immigration attorney, as the appeal will require a close review and analysis of the taped record of proceedings. Moreover, the deadline to appeal is very short – the notice of appeal must be received by the U.S. Citizenship and Immigration Services no later than 15 calendar days from the date of the denial decision (or 18 days if the decision was mailed). The short deadline is sometimes exacerbated by the fact that the officer’s decision is not always mailed out the same day as the date of the decision. Therefore, it is crucial that you save the envelope in which the decision is mailed, in order to preserve your time to file the appeal.
United States Marriage Interview
Congratulations! You fell in love, got married, and decided to make the United States your home. You and your spouse’s astrological signs have united for eternity. However, since you are not a citizen or lawful permanent resident of the United States, before you and your spouse can live happily ever after, you must prove first your love for each other to an Officer at U.S. Citizenship and Immigration Services (CIS). Your fate will now at the hands of the Officer from CIS, who will interview the two of you and decide whether you are in a bona fide marriage.
The United States marriage interview is a fairly straightforward procedure that should take no more than a few minutes. However, many couples encounter a number of problems at that interview, mainly for one reason: lack of preparation. While it is always to your advantage to seek the advice of experienced attorney, to guide you on the preparation for the interview, here are a few general guidelines to remember, besides your spouse’s sign.
The Application Procedure
When preparing the application packet to be sent to CIS, make sure that you answer each and every one of the questions on each of the forms. If a specific question does not apply to you, simply write “not applicable” or “none”. For additional guidance on what information is being asked of you, review the instructions for the application, which are generally attached to the beginning of the form.
Next, include with the applications, the appropriate photos and copies, and copies only, of the required documents including: marriage certificate, divorce judgment(s), birth certificate, passport, proof of legal entry into the United States, and proof that you spouse is a citizen of the United States. Also, do not forget to include check or money order for the filing fees.
Now, before you send the packet to CIS, make a copy for your records of everything you are sending, from the forms to the photos, to the check or money order, and the documents. Finally, send the application packet by certified mail with return receipt requested.
Before the US Marriage Interview
After sending the application packet to CIS, you will have to wait to be scheduled for your marriage interview. The waiting period will vary depending on where you live. You should take this time to begin to collect documents to present to the Officer at the time of your interview.
Generally speaking, you and your spouse should have the following: taxes filed jointly, a joint bank account, joint health insurance, lease or deed with both of your names, rent or mortgage payment receipts with both of your names, utility bills in both of your names, and a big photo album with photos of the two of you together with friends and family, throughout the year.
You will also need to have your original documents on hand, copies of which you had sent to CIS with the applications. It is very important to have original proof of your legal entry into the United States, no matter how long ago that was, and a passport valid for at least six (6) months on the day of the marriage interview.
When CIS sends you the appointment date, you should also receive a packet of additional documents including a medical examination form and an affidavit of support to have ready before the interview. When you received the appointment date, collect all of your original documents and make one copy of each and every document.
The US Marriage Interview
On the day of your interview you should begin the day by eating a good breakfast, for you may end up spending the rest of the day sitting at CIS waiting to be called. You might be nervous on that day, but you should not be hungry too.
Dress nicely for the interview. As the saying goes, you do not get a second chance to make a good first impression. Arrive on time for the interview, or even better, arrive a few minutes before your scheduled appointment time. Bring with you the photo album, all your original documents, and the copies. The Officer might want to see the originals, but if they want to keep any documents, they should keep the copies.
The United States marriage interview at this stage should last less than half an hour. Unlike it is portrayed on television or the movies, you and your spouse will not be interviewed separately. Instead, you will be sitting side by side in front of one District Adjudications Officer. The Officer will first administer an oath, where he will ask the two of you to swear or affirm that you will tell nothing but the truth. From that moment on, it will be very important that the Officer hears a clear answer to all of the questions. The Officer will ask questions of both of you, but you must remember not to answer the questions that are asked of your spouse. If the question is not directed at you, do not answer the question. The Officer is merely trying to determine if you and your spouse know each other and if you are living together as husband and wife.
While each Officer is a unique individual with a unique way of handing the interview, they all generally ask you a set of similar questions about each other and request to see the same type of documents. In general, they will ask one of you for the other’s complete name, date of birth, place of birth, date and place of marriage, number of times married, number of children, and place of employment. The officers generally ask for details on how you met, where you were living when you met, who you were living with at that time, where you were working, who came to your wedding, have you met each other’s relatives and what are their names. The Officers rarely ask questions on your lives beyond the ones mentioned above, such as the color of your spouse’s toothbrush or window treatments at home.
The officer will also ask to review the documents you brought to the interview and will want to keep your medical, affidavit of support, job letters, bank letters and copies of earning statements, bank statements, lease or deed, rent or mortgage receipts, utility bills, credit cards bills, health insurance cards, etc. The Officer might even request to keep a photo or two from your photo-album.
Finally, the officer will ask you several questions to verify that you should be entitled to your Lawful Permanent Resident Card, including information on criminal activities and immigration law violations. Of course, remember that the Officer knows more about your life in the United States than you can imagine, so make sure you understand the question before you answer it. If you are not sure what the Officer is asking, it is your responsibility to ask the Officer to clarify the question.
After the US Marriage Interview
If all goes well, the officer will approve your case and issue you temporary proof of Lawful Permanent Resident status and instructions on received the Lawful Permanent Resident Card, filing additional forms, or filing citizenship of the United States. However, if the Officer doubts that you are truly husband and wife, more likely than not he will schedule the two of you for a second marriage interview about a year later. It is at that second marriage interview where you and your spouse will be questioned separately and asked very detail questions of your life together. It is at that interview that you better know more than just your spouse’s sign.