Stokes interview in US immigration: What it means for marriage-based green card applicants

In the US immigration system, when a foreign national applies for a green card based on marriage to a US citizen or permanent resident, the couple is usually required to attend an in-person interview with United States Citizenship and Immigration Services (USCIS).

This is a standard part of the process to confirm that the marriage is genuine.

However, if the interviewing officer has doubts about the authenticity of the relationship, the couple may be called in for what is known as a Stokes interview.

A Stokes interview is a second, more detailed interview carried out by USCIS officers when they suspect that a marriage might be fraudulent.

It is not a part of every marriage-based green card case.

This step is taken only when there are inconsistencies, red flags, or a lack of sufficient evidence supporting the marriage.

The interview takes its name from a 1975 court case — Stokes v. INS — which established specific rights for applicants during these interviews.

How does a Stokes interview work?

In a Stokes interview, both spouses are:
Interviewed separately by different USCIS officers
Asked a detailed set of personal and specific questions
Expected to submit additional documentation to support their case

After the separate interviews, officers compare the responses.

Any significant discrepancies between the answers may lead to the green card application being denied or flagged for further investigation.

What kind of questions are asked?

Officers may ask about:
How the couple met and their dating history
Daily routines and household arrangements
Financial details, joint accounts, and bills
Details of their living situation, including furniture placement or neighbors
Events such as birthdays, trips, or holidays spent together

Sample questions include:

“What toothpaste brand do you use at home?”
“Who usually wakes up first in the morning?”
“Where did you last go out for dinner together?”

The questions are designed to test the depth and authenticity of the couple's relationship.

What rights do couples have?

Under the ruling in Stokes v. INS, couples are entitled to:
A written notice explaining the purpose of the second interview
Legal representation during the interview
A copy of the transcript from their first USCIS interview
These rights ensure that applicants are treated fairly and understand the process.

What happens after a Stokes interview?

Once the interview is complete, USCIS officers review the responses and documents.

If the couple’s answers align and the submitted evidence is consistent, the green card may be approved.

If not, USCIS may:

Request more documents
Send a Notice of Intent to Deny (NOID)
Refer the case for fraud investigation
Deny the application

In confirmed fraud cases, legal action can also be taken against the US citizen spouse.

Why a Stokes interview is important

A Stokes interview is a tool used by USCIS to ensure that marriages used as the basis for green card applications are legitimate.

While it can be intense, couples in real marriages with accurate records and documents can navigate the process with confidence.

Remember, not all couples face a Stokes interview. It is conducted only when USCIS officers identify specific concerns during the initial review or interview.

Source:  https://economictimes.indiatimes.com/nri/migrate/stokes-interview-in-us-immigration-what-it-means-for-marriage-based-green-card-applicants/articleshow/120270648.cms