The term Stokes refers to a Federal Court decision that forced the Immigration Service in New York to provide applicants a fair review in marriage cases. A Stokes Interview in a green card application based on marriage refers to an interview when the husband and wife are questioned separately, and their answers are compared by an Immigration Officer (IO). A Stokes Interview (also known as "marriage fraud interview") is usually a second interview. The goal is to determine whether the marriage was entered into in good faith and whether the marriage is bona fide or real.
When an individual applies for his or her spouse for United States Permanent Residence, there is a requirement to demonstrate to an United States Citizenship and Immigration Service (USCIS) Official that the marriage was entered in good faith, and not for the purpose of evading immigration law. As a result, couples are asked to provide sufficient documents and go through an interview at a USCIS office where they will answer questions about their marriage and life together. This first interview usually lasts about 1 -2 hours, and the questions are generally not intrusive.
However, if the IO conducting the first interview is not entirely satisfied and still has questions about the marriage, she will schedule a second interview known as the "Stokes Interview." During a Stokes Interview, the husband and wife are separated from each other and must answer a series of questions that are personal and sometimes invasive.
A Stokes Interview can last several hours, depending on the Immigration Officer and the complexity of the situation. It is important to stay calm and to answer all the questions truthfully. If you do not remember the answer to a question, it is best to say so. Since a Stokes Interview happens only after the IO already has some doubt about the genuineness of the marriage, one can expect a long and exhausting interview. The interview will be taped and the statements obtained will be compared against each other. If the answers match very well it is a good indication that the marital relationship is bonafide. If not, the couple will be called in together after their individual interviews and given a chance to explain the discrepancies.
Beyond the interview, the examiner should consider other evidence. Examples are joint tax returns, insurance policies, rent receipts and joint bank accounts. After obtaining the evidence and coupled with the interview, the Immigration Officer will make a determination as to the bonafides of the marriage and whether a greencard will be issued.
Your Attorney is allowed to accompany you to the interview, and his/her presence may help during the process especially if it is a rather complicated one. Since the Stokes Interview is critical in your greencard application, you will want to discuss with your Attorney the things you need to pay special attention to.
Smith & Stephenson LLP resolves immigration concerns for individuals and businesses. We are a full-service Immigration Law Firm and represent clients in all areas of immigration law, including family based immigration and employment-based immigration. If you have immigration questions, we have answers. You can call our Law Offices 24/7 at (212) 400-7147. Our Immigration Law Firm is located in New York, New York. Our firm serves primarily clients from the Tri-state area, however, we offer telephone consultations and we can help clients all over the United States and throughout the world.
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