Stokes Interview

The infamous "Stokes Interview" occurs after an initial interview of the couple when USCIS suspects marriage fraud. After an initial interview of a couple in connection with a marriage based green card application, USCIS will "invite" the couple back for a second interview ("Stokes Interview") if USCIS suspects fraud. Fraud can be suspected for many reasons, including insufficient documentation regarding the relationship, inconsistent information provided at the initial interview, inability to answer certain questions, etc.

What happens during a Stokes Interview?

During a Stokes Interview, the USCIS officer separates the couple and asks very specific personal and invasive questions. The questions could span from the color of appliances in the home, to much more personal matters between the couple. The interview is taped and could last several hours. After interviewing both spouses, the officer compares the information to determine if there are any conflicts. If the info provided conflicts, the couple will be given an opportunity to explain.

What will happen if our answers don't match and the officer suspects fraud?

If after the Stokes Interview the officer suspects fraud, then he/she will deny the adjustment application and you will likely be put in removal proceedings.

What are the criminal penalties for marriage fraud?

Marriage fraud is a federal crime which carries quite severe penalties. If the couple is deemed to have entered into the marriage for the purpose of evading any provision of the immigration laws, each of them is potentially subject to a penalty of five years imprionment and a $250,000 fine.