Common Issues Iranian Couples Face When Applying for a Green Card

For Iranian couples seeking to obtain a green card through marriage, the process can be complicated and challenging. While marriage-based green card applications are generally straightforward, Iranian couples may face unique obstacles due to political tensions and cultural differences between Iran and the United States. In this article, we will explore five common issues that Iranian couples may encounter when applying for a green card and how to overcome them.

Delays in Processing Times
One of the most significant challenges Iranian couples may face when applying for a green card is lengthy processing times. Due to heightened security checks for individuals from certain countries, including Iran, USCIS and the embassy may take longer to process green card applications. The processing times for Iranian couples can range from several months to several years, depending on the complexity of the case and the backlog of applications. This delay can be especially frustrating for couples eager to start their lives together in the United States.

Iranian couples should ensure that their application is complete and accurate to minimize delays in the processing of green card applications. One main issue that immigration officers check is an Iranian applicant’s military training background and any connections to the Iranian government, whether through work or family. One thing that applicants can do to help with any potentially extended background checks is to fill out a supplemental form called DS-5535 before being asked for it. It is a supplemental form because it is not required of all applicants. Typically, officers will request the form after the embassy interview if the applicant is placed in background checks. You can be prepared ahead of time by filling out this form and having it on hand in case the officer decides this form is necessary for your case. 

Cultural Differences in the Interview Process
Another common issue that Iranian couples may encounter is cultural differences during the marriage-based green card interview. The USCIS officer conducting the interview may be unfamiliar with Iranian customs and traditions, which can lead to misunderstandings or miscommunications during the interview.
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Iranian couples should review potential interview questions and practice their answers to prepare for the interview. It can be beneficial to consult with an immigration attorney regarding your case to ensure there are no red flags that might affect or delay the case. 

Marriage Fraud Allegations
Marriage fraud allegations are a common issue that Iranian couples may face when applying for a green card. USCIS takes marriage fraud very seriously and will thoroughly investigate any allegations of fraud or misrepresentation. Iranian couples may be more likely to face such allegations because of misunderstandings of cultural or religious practice norms. 

To avoid marriage fraud allegations, Iranian couples should ensure that their marriage is genuine and not entered into solely for the purpose of obtaining a green card. They should provide evidence of their relationship, such as photographs, joint bank accounts, and affidavits from family and friends. Additionally, they should be honest and forthright during the green card application process and not misrepresent any information.

Financial Support Requirements
Another common issue Iranian couples may face when applying for a green card is meeting the financial support requirements. USCIS requires that the U.S. citizen or permanent resident spouse demonstrate that they can financially support their immigrant spouse, either on their own or with the help of a joint sponsor.

However, Iranian couples may face additional challenges in meeting these requirements due to economic sanctions and restrictions on financial transactions between Iran and the United States. To meet the financial support requirements, Iranian couples should work with an experienced immigration attorney to explore all available options, including using assets or income from outside the United States or obtaining a joint sponsor.

Consular Processing Challenges
Finally, Iranian couples may encounter challenges with consular processing if they are outside of the United States at the time of their green card application. Due to political tensions between Iran and the United States, there is no U.S. embassy or consulate in Iran, which means that Iranian couples must travel to a third country for their consular interview.

This can be a difficult and expensive process. Iranian couples may encounter additional delays or challenges during the consular processing stage, such as unfamiliarity with the various procedures of the three main embassies where Iranian applicants typically receive visa interviews. 

It is important for Iranian couples to work with an experienced immigration attorney throughout the green card application process. An attorney can help navigate the unique challenges that Iranian couples may face and can provide guidance on how to prepare for the interview, meet the financial support requirements, and respond to any potential issues that may arise during the case.

In conclusion, Iranian couples seeking to obtain a green card through marriage may encounter several challenges, including delays in processing times, cultural differences during the interview process, marriage fraud allegations, financial support requirements, and consular processing challenges. However, with proper preparation and guidance from an experienced immigration attorney, these challenges can be overcome. By providing accurate and complete documentation, demonstrating the genuineness of their relationship, and meeting all financial support requirements, Iranian couples can successfully obtain a green card and begin their lives together in the United States.

Najmeh Mahmoudjafari, Esq.
Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law, an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Najmeh can be reached at [email protected].

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DISCLAIMER: This article is for general information purposes only. It is not intended and does not constitute legal advice. This article does not create an attorney/client relationship and does not provide an attorney/client privilege. For legal advice about your specific case, please contact an attorney.