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What Is a Stokes Interview?
As a United States citizen or permanent resident who has decided to bring your spouse to the USA by filing form I-130, you may be required by the immigration authorities to attend a stokes interview. In simple terms, a stokes interview is a marriage fraud interview. It is an interview process that questions the validity of your marriage to ensure that its sole purpose is not for an immigrant spouse to obtain a green card.
The Stokes interview is scheduled after the couple’s initial interview with the immigration officer. Although a second interview is not standard practice in the green card application process, individuals who receive the written notice must demonstrate to the immigration officer that their marriage is bona fide by providing enough evidence through their answers in the interview.
USCIS might invite individuals to Stokes interviews after their first interview for the following reasons:
- Their marital history
- The age gap between both parties involved
- Religious differences
- A need for more income
- Lack of communication in the same language
- An incompatible lifestyle
What Is the USCIS Stokes Interview Process?
The immigration officer will usually hold joint and separate interviews with the US citizen or green card holder and the intending immigrant spouse using the same questions. The interview aims to search for discrepancies in the couple’s responses that will confirm the immigration officer’s suspicion of a fake marriage, and it usually lasts for up to eight hours.
A Stokes interview typically lasts several hours, depending on the complexity of the situation. If hired, our immigration attorney in Texas will be present during both interviews to protect your rights and assist you during the entire process. The best way to prevent misrepresentation is always to be honest, confide in your attorney, and provide accurate information.
Stokes Interview Requirements
Some of the documents required for the interview include the following:
- Photo identification of the US citizen and spouse
- Proof of the petitioner’s US citizenship/lawful permanent residence
- Valid passports of petitioner and spouse
- Evidence of marriage certificate
- Proof of the petitioner’s employment and income (e.g., bank statement, employment letter)
- Proof of spouse visa (if the spouse is resident in the US)
You will also need to present evidence of a real marriage, including the following:
- Evidence of joint bank account statements
- Proof of shared living or joint residence
- Proof of joint finances, assets, liabilities, and other necessary financial documents
- Evidence of rental lease, mortgage statement
- Receipt of recently paid utility bills at a shared address
- Copies of joint tax returns
- Health and life insurance policies
- Affidavits from parents, close friends, and other witnesses
- Tickets for trips together
- Photographs of your wedding, trips, and time spent with family
How Do You Prepare For a Green Card Marriage Interview?
In preparing for your marriage-based green card interview, you should:
- Practice for your interview
- Bring all the required and additional documents
- Be punctual on the day of your interview
- Be prepared to answer all questions honestly and openly
- Wear appropriate clothing
- Be calm and organized
- Don’t be anxious when put in separate rooms
- Do not replay memorized answers
- Act normally
- Enjoy the interview process
Examples of Stokes Interview Questions
Marriage fraud interviews are typically intensive and require adequate preparation. When an immigration officer questions the intending immigrant and the petitioner in separate rooms, they should be able to provide corresponding answers. The questions usually center around your relationship, wedding, kids (if any), spouse, and home, including activities carried out by both parties on a regular day.
Some examples of questions that the immigration officer may ask at the interview include:
- How and where did you meet?
- What was your spouse’s last job?
- When did you start dating?
- When are your birthdays?
- What are the features of your house (if you live together)?
- What time does your spouse go to bed?
- Who wakes up first?
- Who pays the bills and how?
- What restaurant did you both last visit?
- What are your spouse’s daily activities (who cooks meals, washes dishes)?
- How does your spouse get to work?
- What holidays do you celebrate together or with family?
- What are your common interests?
What Happens If You Fail a Marriage Fraud Interview?
Although you presented all the documents on the adjustment of the status checklist, providing contradictory answers to questions asked by the immigration officer at the Stokes interview will convince the USCIS to deny your application and, in some cases, issue an order for deportation. You may re-apply after your application has been rejected. However, the notes entered during your first unsuccessful Stokes Interview may be available to the examiner during the following interview.
A couple that attempts to deceive the immigration office by falsifying marriage documents or pretends to live together to evade US immigration laws may be guilty of marriage immigration fraud. The conviction for such fraudulent marriages is five years in prison and up to $250,000 in fines. Convicted individuals will also be issued a lifetime ban preventing them from acquiring US citizenship in the future.
What Happens After Your Stokes Interview is Approved?
On completing the interview process, the USCIS officer will bring both parties together to discuss any inconsistencies in their responses to the identical questions asked during the interview. The couple can clear the discrepancies and convince the officer that they entered the marriage in good faith to establish a life together.
If the immigration officer believes the marriage is valid, USCIS will approve your spouse for a green card. Couples that have been married for less than two years at the time of approval will receive conditional residence for two years. After two years, the couple must submit Form I-751, Petition to Remove the Conditions on Residence, to show that the marriage is still authentic.
The Legal Aspects of Stokes Interview and the Role of Legal Counsel
One of the crucial parts of marriage-based green card immigration applications is the Stoke interview. Here are the details of some legal aspects of the process that can make a significant difference in your preparedness for the interview.
- Legal complexities: Several complexities can arise in a Stokes interview. These challenges are not just about answering the questions truthfully but understanding the purpose behind them and how your answer might be interpreted. You have to be aware of your rights. You have the right to have an attorney present during the interview, and you also have the right to decline to answer questions that potentially incriminate you.
- Preparing with an immigration lawyer: Preparing for an interview with an immigration lawyer can be beneficial in many ways. You can seek knowledgeable guidance to understand the kinds of questions that might be asked and how best to answer them. They can also guide you about the types of evidence that could be helpful to have on hand.
- Legal resources if the outcome is unfavorable: If the outcome of your Stoke interview is unfavorable, you still have a chance. There are legal resources available, and you can seek assistance from your lawyer. They can help you understand your options which might include filing an appeal, submitting a motion to reopen, reconsidering the case, or even re-filing the application in certain cases.
Why Should You Contact an Immigration Lawyer?
The Stokes interview is essential to you getting your green card application approved, and an experienced immigration lawyer at Andrew T. Thomas, Attorneys at Law, can provide you with the knowledge required in preparing for your interview. In addition, we can assist you with complex immigration law issues and represent you at immigration proceedings.
