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Filed: Timeline
Posted

Hello,

I have one question and I hope that someone can give me an answer.

As I have heard, sometimes USCIS requires a second interview in case the first aos interview wasn't successful due to lack of evidence of a bonafide marriage.

Is this the so-called stokes interview?

In how many percent of processing cases they require this kind of interview?

And what time after the first interview the second will usually be scheduled? I have heard that it is normally one year or 15 months after the first one but I don't know if I can believ it because it doesn't make any sense to me.

And is it right that USCIS has something like a computer algorithm to automatically sort out the cases for stokes interview (check in difference of age, nationality,...)?

Thanks for any answers,

Ser

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)

not if it is solely for a lack of evidence... but if the second interview is because of suspected fraud... then yes it could be...

Stokes interview is a form of interview in the New York Immigration District created by the District Court decision in the case, Stokes v. INS. In some other Districts, the interview is called "Fraud Interview" and amongst immigrants, it is known as the "second interview". Regardless of the name you wish to call it, the intent of the interview is to determine whether or not your marriage is fraudulent or bona fide.

Many immigrants have walked into this second interview unprepared and ignorant of the consequences of failure. The Stokes interview is not an interview to be attended without proper guidance. The only thing I can liken attending the interview unprepared with is an attempt to commit suicide. Success or failure at such an interview determines your future in the United States.

At the stokes or fraud interview, you and your spouse will be questioned separately. You will be asked the same questions. It is expected that all the answers must be the same before you could be certified as passed. On the average, you will be asked about 120 questions. I have attended one in which my clients were asked 232 questions. Surprisingly, we passed the test.

An adverse decision at the second interview is a determination that your marriage is fraudulent which means that the examiner has concluded that you entered into the marriage solely for the purpose of obtaining immigration benefits or evading immigration laws.

A denial at the stokes interview is tantamount to issuance of a death penalty. The recipient of such has no hope of obtaining permanent residence status for life in the United States. Once a denial order is issued every subsequent petition filed by such beneficiary or on his/her behalf will be summarily denied.

http://www.usimmigrationnewspaper.com/inde...&Itemid=268

Edited by payxibka

YMMV

Filed: Citizen (apr) Country: England
Timeline
Posted

A friend of mine was called for a second interview a few years ago. Interestingly enough, USCIS never got back to them with an interview date and at least a couple of years passed with nothing. My friend's case was finally approved, GC in hand and no mention of the second interview!

I also know of someone who had a visit from USCIS early, early in the morning to see if her husband actually did live there! They wanted to look in the closets, etc. I guess they questioned that marriage too, but it was bonefide.

N-400 Journey

June 9th 2012 - Application sent

June 14th 2012 - NOA sent

June 28th - Biometrics letter sent -- July 26th Appointment date

July 12th 2012 - Early Biometrics/Walk-in

August ( ) - Interview letter received -- September 14th Interview date

September 14th 2012 - Interview! Oath date in hand, September 20th @ noon!

 
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