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katey

2nd interview for Adjustment of Status ( anyone with the same experience?

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Filed: Timeline
Posted

I'm kind of sad on how our Adjustment of Status application is processed. We filed it on September 8, 2008, submitted the RFE on October 21, 2008 and we were interviewed on February 21, 2009. The interview went well (in myopinion.) We were able to present all the documents that prove our marriage is in good faith. My husband who is a Filipino-turned-US citizen had 3 visits to my hometown before I joined him in the United States.

I had waited for an update of our application but it did not change since October 21, 2008. Until today, a letter from the USCIS arrived. I thought it's already my green card. But to my surprise, it is a note for my husband for another interview with additional requirements. He is required to bring sworn affidavits from his parents/family members regarding their knowledge of our marriage.

His parents have full knowledge regarding our marriage. As a matter of fact, most of the members of his immediate family attended our wedding ceremony. But the sad fact is, we no longer have a good communication with them after we decided to move to a place we're we can be free from their controlling behaviour. I did try to be humble and nice to them, but they always made me do things that please them like attending their church service, and dictating what career path to take and so on. The list could be endless. Bottom line is, getting a sworn affidavit from them could be impossible.

So, do you guys know of any document that would serve as an alternative for this requirement? Is going through a second interview an expected part of the process? If you have the same experience as I have, can you share me some tips to get all of these done?

Thanks.

Filed: AOS (apr) Country: Philippines
Timeline
Posted

Can't you get an afficavit from his other family members?

i have read on that some did get 2 interviews because of doubts of the officer on the relationship. Be overprepared on your next interview. Good luck.

AOS

03-03-2009 - AOS, EAD, AP sent to Chicago office (USPS)

03-11-2009 - Notice Date

03-25-2009 - Case transferred to CSC

05-05-2009 - GC, EAD card, AP received. :D

Posted
Can't you get an afficavit from his other family members?

i have read on that some did get 2 interviews because of doubts of the officer on the relationship. Be overprepared on your next interview. Good luck.

other than affidavits, you can also present the pictures on your wedding together w/ your hubby's family and friends... plus you can ask your hubby to ask his family about this and be supportive for him... an affidavit for me is just a simple letter to acknowledge that you guys enter the marriage in good faith... also ask your friends to do it for you... and other evidence that has both your name on it like ITR, bills, lease, copy of DL bring it all again on your interview to make it recent... God bless!

Citizenship N-400

4/15/2010- sent my N-400 via fedex overnight

4/16/2010- signed and delivered

4/29/2010- check cleared

Posted

Stokes or second Interview!

A stokes interview is when a husband and wife are separated from each other and asked a series of personal and intrusive questions, such as what is the color of their shower curtains. Contrary to what is depicted in the movies or on television, the Immigration Service does not always and automatically put a couple through this grueling ordeal. When an individual sponsors his or her spouse for permanent residence (green card), the Immigration Service will schedule them for an interview to determine if the marriage was entered into in good faith. At this first interview, the husband and wife are not separated from each other, and the interview usually lasts about half an hour. The questions asked at this interview are usually straightforward and not too invasive. If the Immigration Officer is satisfied that the marriage is a genuine one, he or she will approve the green card application.

What Happens If You Are “Stoked”?

Only after an Immigration Officer is not convinced of the bona fides of a marriage will a couple will be referred to a secondary interview, known as a “Stokes” interview. It is during this second interview that an Immigration Officer will question the husband and wife separately.

So what can one expect at the Stokes interview? First, dress comfortably, because the interview will last a long time! Depending on the examiner, a Stokes interview can take up to four and a half hours. This does not include the time spent waiting to be called for the interview, which can be as long as several hours. Second, be prepared to be asked intimate details about your life with your spouse. Although examiners are not supposed to ask private or embarrassing questions, they have been known to push the envelope. The interview will start with the examiner administering an oath to the husband and wife that they will answer all questions truthfully. After being sworn in, the examiner will ask the couple whether they wish to submit documentary proof of their life together as husband and wife. You bring with you as much proof of your marital relationship, including copies of joint tax returns, joint bank account statements, joint bills (utility bills, credit card bills, etc.), joint insurance (health, life, car, etc.), joint lease agreements or joint deeds to any property you may own together, and photographs of you two together, with family and friends.

After collecting these documents, the examiner will escort one spouse out into the waiting area and then begin questioning the other spouse (there is no particular order as to who will be interviewed first). It should be noted that the entire interview is taped, so that a record of proceedings is created on which the examiner will base his or her decision. This taped record of proceedings is also important in case the couple does not agree with the officer’s decision and wishes to file an appeal (see below for more details).

So what kind of questions are asked at the Stokes interview, you may wonder? Expect the questions to be much more extensive and in-depth than those posed at the initial adjustment interview. The examiner’s questions will delve into the minute details of a couple’s daily lives. You would be surprised at how personal and seemingly trivial or insignificant the questions can be. Some of the questions that I have heard posed at Stokes interviews include:

Who woke up first this morning – you or your spouse?

Did your spouse have breakfast this morning? What did he or she eat?

What side of the bed does your spouse sleep on?

How many drawers are there in your chest?

What time did your spouse go to sleep last night?

What did you and your spouse have for dinner last night?

What subway train did you take to come to the interview? From what station?

After the examiner is finished questioning the spouses individually, he or she will call both the husband and wife back into the office. If there are any discrepancies any of the answers, the examiner will give the couple a chance to explain or clarify. The examiner usually will not render a decision on the petition immediately after the interview, but will probably want to compare the answers for consistency and review any joint documents submitted. Hopefully, if the examiner is satisfied that there is sufficient proof that the marriage was entered into in good faith, he or she will approve the petition.

What happens if the petition is denied?

If the immigration examiner denies your petition but you believe that the decision was made in error, you may appeal that decision by filing Form EOIR-29 Notice of Appeal. Should you wish to file an appeal, it is highly recommended that you consult an immigration attorney, as the appeal will require a close review and analysis of the taped record of proceedings. Moreover, the deadline to appeal is very short – the notice of appeal must be received by the U.S. Citizenship and Immigration Services no later than 15 calendar days from the date of the denial decision (or 18 days if the decision was mailed). The short deadline is sometimes exacerbated by the fact that the officer’s decision is not always mailed out the same day as the date of the decision. Therefore, it is crucial that you save the envelope in which the decision is mailed, in order to preserve your time to file the appeal.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: Timeline
Posted

Thank you guys. I don't have any problem with the other requirements like pictures, letters, bank accounts etc. i have like a luggage of them.

I called the USCIS today, and was told, it could be that my name isn't cleared yet. On the first interview, the Immigration Officer told us, there seems to be no problem with everything.So, I just hope that with this one, it's only for formality sake. I have also searched in other websites, that a second interview is not very unusual now. Nevertheless, we're both prepared for another battery of questions because there's nothing for us to hide.

Anyways, my mom-in-law is going to sign the affidavit. And my stepson who just turned 18 and lives with us is more than willing to do it too. I think I am worrying too much.

Filed: Lift. Cond. (apr) Country: Egypt
Timeline
Posted
I called the USCIS today, and was told, it could be that my name isn't cleared yet. On the first interview, the Immigration Officer told us, there seems to be no problem with everything.So, I just hope that with this one, it's only for formality sake.

I see you are also a September 2008 filer. I thought we were the only ones from that group who is having a second interview. At our first interview, we were told after being sworn in that we were still in background checks and therefor they couldn't give us a decision that day. A notice came last week telling us to go to a second interview next month, but the letter did not state why. Like you, we had everything with us and submitted what the IO asked for at the first interview. Im not sure this one will be a Stokes, but we are preparing for it nonetheless. 0ur letter did not say to bring sworn affidavits, but it did ask us to bring things like the 2008 tax thing, letter from my husbands employer, passport photos, marriage certs, the medical, just BS we already submitted.

When is your next interview?

Don't just open your mouth and prove yourself a fool....put it in writing.

It gets harder the more you know. Because the more you find out, the uglier everything seems.

kodasmall3.jpg

Filed: Timeline
Posted
I called the USCIS today, and was told, it could be that my name isn't cleared yet. On the first interview, the Immigration Officer told us, there seems to be no problem with everything.So, I just hope that with this one, it's only for formality sake.

I see you are also a September 2008 filer. I thought we were the only ones from that group who is having a second interview. At our first interview, we were told after being sworn in that we were still in background checks and therefor they couldn't give us a decision that day. A notice came last week telling us to go to a second interview next month, but the letter did not state why. Like you, we had everything with us and submitted what the IO asked for at the first interview. Im not sure this one will be a Stokes, but we are preparing for it nonetheless. 0ur letter did not say to bring sworn affidavits, but it did ask us to bring things like the 2008 tax thing, letter from my husbands employer, passport photos, marriage certs, the medical, just BS we already submitted.

When is your next interview?

Hi, Nagishkaw.

It's a relief to know that I am not the only one in our batch to undergo a second interview. The letter states, the interview will be videotaped which I couldn't care less. My husband and I are preparing for the Stokes interview, it it will be one. We're scheduled to appear on June 10. When is yours?

Filed: Lift. Cond. (apr) Country: Egypt
Timeline
Posted

I sent you a PM. As far as the letter saying it will be videotaped, you will notice it says the same thing on your appointment letter for the first interview. This may or may not happen, but like I said, just be prepared.

Don't just open your mouth and prove yourself a fool....put it in writing.

It gets harder the more you know. Because the more you find out, the uglier everything seems.

kodasmall3.jpg

Filed: Timeline
Posted
I sent you a PM. As far as the letter saying it will be videotaped, you will notice it says the same thing on your appointment letter for the first interview. This may or may not happen, but like I said, just be prepared.

I can no longer send you a PM because your inbox is full. It would be nice if you can delete some of you PMs.

Thanks

Filed: Timeline
Posted

Good luck Katey- I see this as a good thing - rather than sitting and waiting- we have been waiting from June 2007- Dallas office

at least you know your case was not forgotten - I had a friend who went for 2nd interview- they had a few

personal questions- which I know you will be fine- like who takes trash out , just normal daily stuff- when did you meet

and who called who first - so just do the card game- lol! ask each other a few stupid questions-

you will be ok- I will pray for you tomo at church so keep your head up

GOOD LUCK A BUNCH

Filed: Timeline
Posted
Good luck Katey- I see this as a good thing - rather than sitting and waiting- we have been waiting from June 2007- Dallas office

at least you know your case was not forgotten - I had a friend who went for 2nd interview- they had a few

personal questions- which I know you will be fine- like who takes trash out , just normal daily stuff- when did you meet

and who called who first - so just do the card game- lol! ask each other a few stupid questions-

you will be ok- I will pray for you tomo at church so keep your head up

GOOD LUCK A BUNCH

Hi, Omollo

I would like to believe that we are called for a stokes interview because the letter is primarily addressed to my husband, the petitioner. Although the IO said everything seems fine when he refused to look at the other photo albums that I offered to him after looking at our wedding photos, the piece of letter that is given to us before we left the room says the case is under review or something to that effect.

After saying my green card will be sent it 4 weeks, the asked us for another interview?

It's really crazy, but this leaves me and my husband with only one choice- to practice asking ourselves stupid questions. Whew!

Filed: Lift. Cond. (apr) Country: Egypt
Timeline
Posted
Good luck Katey- I see this as a good thing - rather than sitting and waiting- we have been waiting from June 2007- Dallas office

at least you know your case was not forgotten - I had a friend who went for 2nd interview- they had a few

personal questions- which I know you will be fine- like who takes trash out , just normal daily stuff- when did you meet

and who called who first - so just do the card game- lol! ask each other a few stupid questions-

you will be ok- I will pray for you tomo at church so keep your head up

GOOD LUCK A BUNCH

Hi, Omollo

I would like to believe that we are called for a stokes interview because the letter is primarily addressed to my husband, the petitioner. Although the IO said everything seems fine when he refused to look at the other photo albums that I offered to him after looking at our wedding photos, the piece of letter that is given to us before we left the room says the case is under review or something to that effect.

After saying my green card will be sent it 4 weeks, the asked us for another interview?

It's really crazy, but this leaves me and my husband with only one choice- to practice asking ourselves stupid questions. Whew!

0ur letter only said to wait until 60 days passes, then we have to option to either call the misinformation 1-800 number or call the IO's supervisor . Lame, if you ask me. I have called the misinformation number at least twice a month since last November, asking if we ever got an RFE. They say no. What mind f##k we go through!

Well, I did contact my Senator a few weeks ago before we got the letter telling us about the second interview appointment. I got a reply back from the Senator yesterday who told us that.....he found out....we have a second interview. :wacko: Duh.

Don't just open your mouth and prove yourself a fool....put it in writing.

It gets harder the more you know. Because the more you find out, the uglier everything seems.

kodasmall3.jpg

Filed: Timeline
Posted

That's the way to go - just go over the possible questions and remember even if you get there and it is not

as bad - oh well nothing to loose - better to be ready& prepared than not ready - I'm sure you will be fine-

the IO officer maybe too tired for all that and she/he may ask just a few questions- or you could get one that

is ready to hang you - and you have to have your weapons ready to fight -

it's not going to be bad believe me - my friend told me her 2nd interview was detailed - but she liked it better

than the 1st one because the officer did not look at them like they were from another planet- ha-ha-ha-ha

they said the IO - was very professional - he just asked personal questions and told them to make the answers

short and brief- which was a good thing - it's kind of taking a lie detector test - just refresh your memory

of your life together from dating to marriage and to living together- try to know a little about your families/relatives

just in case

GOOD LUCK AGAIN ALL THE WAY

Filed: Timeline
Posted

1. Make sure your documentation is organized -when you are sitting in the room together with the examining officer, one of the first items that they typically address is whether you have additional documentation to submit in support of your application. This documentation could be in the nature of updated tax returns, job letters, bills, joint bank account statements, and the like. A full set of these copied documents should be organized and readily available to hand over to the officer with ease. Applicants who have to rummage through their paperwork and sort through their documents in order to find what the officer is requesting already start off on shaky ground with the officer.

2. Only respond when you are specifically addressed -generally, the officer will issue an instruction to the couple

that the spouse who is being addressed and only that spouse should answer the questions being posed. However, even in the absence of such an instruction, if it is clear that the officer is making eye contact with one specific spouse then the officer is expecting that particular spouse to respond. Having the officer issue a warning with regard to this protocol is another way to prejudice the officer against you.

3. Respond with the truth, not with what you think your spouse will say -all too often applicants believe they can outsmart the system by over thinking the questions that are being asked of them. Rather than responding with what they know to be correct, they choose to say things that they believe their spouse will say even though it is not based in reality. This obviously creates a greater chance for discrepancies, and also makes any discrepancies which arise more difficult to explain away when the couple is reunited before the officer and offered an opportunity to explain the differences in their answers.

4. Pay greater attention to the lesser details in your marital life - while this tip may seem somewhat unfair, nevertheless in order to be successful at the "Stokes Game" you really have to pay close attention to such things as the layout of your residence, and in particular your bedroom as well as the number and nature of tattoos and scars your spouse may have on their body.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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