How Do.you Know if You Pass the Immigration Interview

Ready yourself for intense questioning nearly your marriage if USCIS requires a fraud or "Stokes" interview.

If U.S. Citizenship and Immigration Services (USCIS) has doubts about whether the marriage that you're using equally the basis to apply for a green card is a existent one, information technology will want to speak to both the intending immigrant and the U.S. denizen or permanent resident spouse, sometimes in separate and intensive interviews.

Existence called for a fraud interview that's not role of the usual application process is definitely non a expert sign. It ways that your application has been singled out because you oasis't given enough prove to show a real marriage, your awarding contains some inconsistencies, or something about you and your spouse looks suspicious.

But if your marriage really is accurate, y'all shouldn't be worried. The interview is your opportunity to show USCIS that you married considering yous wanted to, and non but to get a green menu. Let's expect at when and how a marriage fraud interview might take place.

For detailed data about the underlying effect, run across What is Marriage Fraud Under U.S. Immigration Law? and 8 U.s.C. § 1325.

Marriage Fraud Interviews Before USCIS Approves I-130 Petition

Although it's early in the application process, USCIS has the power to summon the U.S. spouse and intending immigrant (if living in the U.Due south.) for an interview earlier approving the I-130 petition. An I-one-130 is the form the U.S. spouse files to classify someone as the spouse of a U.S. citizen or permanent resident and an intending immigrant.

The purpose of an interview at this stage is to provide USCIS an opportunity to ask questions most the matrimony, to brand certain it'south not merely a fake organization to get someone lawful permanent residence.

Union Fraud Interviews During Adjustment of Status or Consular Processing

Marriage fraud interviews tin can also occur after the I-130 has been canonical, when the would-be immigrant is completing the remaining steps in the application procedure.

Near always, if you are "adjusting condition" (applying for your green menu without going back to your home land to get a visa), USCIS will call you and your spouse in for a regular in-person interview, as it does for well-nigh categories of green-bill of fare applicant. Although the purpose of this interview is non solely to uncover fraud, the USCIS officeholder will exist questioning both the immigrant and the U.S. spouse and looking for any signs that the marriage is not existent.

The same thing will happen if the immigrant is outside the U.S. at a U.S. consulate applying for an immigrant visa based on union (although the U.S. spouse probably won't be able to nourish this interview). The visa officeholder will want to hear requite a realistic account of the development of the relationship. The officer will as well attempt to spot any inconsistencies between the applicant's story and the application forms and documents.

Stokes Interviews

If later on an initial adjustment of status interview USCIS still has suspicions, it might summon both parties for a second, more intense and probing interview, known as a "Stokes" interview. This might be the fourth dimension to start worrying.

If you get discover of a 2nd (Stokes) interview, consider hiring a lawyer to attend with you lot. The lawyer does not really accept a lot of power over the questions that yous are required to answer, but can exist a calming influence on everyone. Also, a lawyer who attends the interview will be better prepared to deal with follow-upwardly matters.

Unfortunately, y'all might not get advance find. USCIS can just separate the two spouse's on the aforementioned day equally the adjustment interview, though this is rare.

In the classic Stokes interview, a USCIS officer puts both the immigrant and U.S. spouse in separate rooms and asks each an identical set of questions almost their lives together. This tin can take several hours.

Although the questions are oftentimes mundane and trivial seeming, the key is this: Later, the officer compares the 2 sets of answers to meet whether they lucifer upward.

You and your spouse should be ready for any and all types of questions, from what you gave each other for recent vacation gifts to the form of contraception (nascence control) you apply, if any. The questions vary among different officers and different years.

TIP

Bring matching sets of house keys if yous live in the U.s.a.. USCIS officers have been known to ask husband and married woman to produce their house keys. The officer then compares them to make certain that they would fit the same locks.

To practice, try going over the important facts of your human relationship, and noticing the details of your daily routine, to make sure yous remember and hold on things like:

• how frequently and what time y'all phone call, text, or email each other, especially if you live in different places
• how many people attended your wedding (if you are married)
• which holidays you gloat together or with each others' family
• features of your business firm (if you live together now), from televisions to doors to staircases
• daily activities, such every bit who makes meals, who washes dishes, who delivers children to school or activities, and
• which of your financial matters are shared, or who (if either) supports the other financially, who pays the bills, and past what means.

There are no limits to the possible questions.

Once yous or your spouse gets to a fraud interview, you lot volition accept to meet with an officer whose principal chore is endeavour to detect wrongdoers, not grant visas or green cards. The interviewer will not exist trying to make you feel comfy. His or her chore is to push a person with questions until the person trips himself up, confesses to marriage fraud, or finally convinces the interviewer that the marriage is real.

Simply if the officer asks you a question you feel is too personal and inappropriate, do not reply information technology. Y'all can tell the officeholder that you think the question is inappropriate and inquire to speak to a supervisor about information technology.

Normally, straightforward, difficult questioning is plenty to ferret out fraud cases. Couples perpetrating a fraudulent marriage can do all the homework in the earth, just when one of them forgets or does not know the answer to an obvious question—like where they went correct subsequently their wedding—that applicant oft crumbles and confesses.

Occasionally, a hard-nosed USCIS officer volition engage in harsher tactics, such as falsely telling someone that their spouse has already confessed that the marriage is bogus, in order to push button the interviewee into confessing. Or, the officeholder might employ flat-out intimidation, reminding the interviewee virtually the jail time and coin fines a person faces if caught committing marriage fraud.

Sensing that the interviewee is feeling low, the officer might ask him or her to sign something withdrawing the I-130 petition or stating that the marriage is a fraud. If your marriage actually is an honest i, practice not agree to or sign anything. Ask to stop the interview and to reschedule with a lawyer present.

Marriage Fraud Interviews After Two Years of Conditional Residence

If you lot have not reached your second wedding anniversary by the time you lot are canonical for a green menu or enter the U.S. on an immigrant visa, you will receive what's chosen conditional residence, which lasts for two years. Nigh the terminate of that fourth dimension yous must submit yet another application to show that your matrimony is the real thing, on Form I-751. A fraud interview tin can exist scheduled during or at the expiration of that time, as well.

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Source: https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter13-17.html

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