Are These Questions/Remarks Legal to Say in an AOS Interview?

[GC2010 7]

the IO have the right to ask you anything if they suspect fraud, you should be thanking god you didn't went to a stork interview if you feel offended by those question.. my friend went for a stork interview about 3weeks ago an they ask him an is wife question like . when was the last time you sleep together,, what color underwear did she got on wen they sleep together,, how many money he pay her to marred him,, plus he told me they were video taping is interview but they answer every question correct an they were approve

[JimVaPhuong 4,863]

Yes, we were interviewed separately, then together for an hour or so. I did not mind AT ALL us being interviewed separately.. WE actually were very calm collective and had a good humor about it, even though the IO did not share it (which I don't care).

I understand that stokes interviews are required for a certain type of people and If I had lied or had an issue with anything, I wouldn't be surprised if I was under that type of questioning.. If they have to run that type of interview, they should do enough research/investigation to have any grounds for their offensive accusations and remarks.. Like any type of secret investigation prior to deciding whether they are going to treat people like that or not.. I have never lied about anything in the visa or AOS processes (and mainly hate lying in general).. That's one of the reasons I feel very offended.. There's absolutely no reason to treat innocent truthful people like that, while there are clearly many immigration problems and more illegals probably than every single post on VJ in a whole year...

Although (as an innocent true couple who just fell in love, got married, and want to spent the rest of their days together) we feel offended by the type of questioning we were under and feel there should be some type of investigation before that type of interview is run and people shouldn't be 'randomly' selected for them or just because he 'thought' we lied about something- which we did not.. We absolutely see no reason for the religious/racial/and cultural remarks and questions... Is it still ok to ask a person what race they are (even though it is obvious)? What religion they follow (that's a very wide variation considering we are spiritualist more than religious)? And making very offensive cultural remarks here and there???

Ok, it sounds like you did indeed have a Stokes interview, but it sounds like it wasn't an intensive one, else it would have taken much longer.

They rarely select people for a Stokes interview randomly. They simply don't have that sort of free time. That sort of random fishing is a grossly inefficient way to try to uncover fraud. There are key factors they look for that can trigger a Stokes interview. Unfortunately, we will never know what those factors are. They won't tell us because that information would be immensely useful to a true visa scammer.

They do conduct investigations prior to the interview. They collect information from various law enforcement and government agencies in the US. They may also access any available public records. It's difficult for you to know exactly what they know about you and your spouse when you show up the for the interview. Sometimes people know about a situation or circumstance in their case that might trigger a Stokes interview. Sometimes they get a clue from the line of questions asked. Sometimes they are hit completely unaware, as it appears you were.

As I said, you shouldn't take it personally. You know that your relationship is sincere, and that you are innocent, but the IO doesn't know you or your spouse. All they know is what they see in your file. Something in your file set them off. At this point, it probably doesn't matter what it was - you were ultimately approved.

A word of caution: Since you were subjected to a Stokes interview, it is distinctly possible that you are still under suspicion by USCIS. It is possible that sometime in the next couple of years, prior to removal of conditions, a couple of ICE officers could show up at your house to conduct an "investigation". They would be looking for evidence of cohabitation. They will go through your personal effects, dirty laundry, etc. I'm not saying this will happen. I'm only saying it might happen. Knowing this in advance might help you be better prepared to deal with it if it should happen.

[GC2010 7]

an 1 more thing never try sue the government lawyer fee will run u dry...

[del-11-03-2013 1]

I went for AOS interview on October 7th in San Francisco and the interviewer is a bit cold. She only asked 3 questions to me and it's all terrorist questions. I just say NO to all questions. She didn't ask to see our supporting documents (wedding pics, joint account and etc). After that, she says everything look fine to me but I'll put you under further review. I was (After we left the USCIS building) because I'm so eager to show my lovely wedding pictures. The interview last only less than 10 mins. But the next day, I got approval for the green card. It's so weird and my Conditional Permanent Residence card came less than 2 weeks. I guess you just have to put up with this government people.

[Otto 83]

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[Nik+Heather 121]

100% agree with Jim.

Although you know you're innocent, the IO doesn't know it, and it's his JOB to make sure things are legit. Surely you could see how you case might be seen as slightly unusual - Not many women from muslim countries take the path you've taken. If you were guilty he wanted to catch you out in a lie, and get you shaken up and a bit confused so that he could get you to say the wrong thing, but the better you did and the more you two stuck together, the more clearly you showed your true relationship. So, you were approved! Great, you passed the test.

Also, taking the EAD is normal when they are going to approve you - the IO mentioned taking Nik's, but then since she was giving us an RFE let him keep it.

[baron555 934]

By a constitutional right I mean not being treated different based on race/religion/or culture..

I am VERY offended and angry about the whole experience and I would like to see that man in his right place...

I am wondering if reporting or suing an IO could create any future hassle with immigration...

Send a letter to the manager and then move on......let it be....you were approved and THAT is what you both wanted.

[Brother Hesekiel 2,236]

Another +1.

Good to know that some I.O.s take their job seriously. I'm sure, though that in Egypt such interviews are much more casual, with a cup of coffee, a card game, and a camel ride to top it off.

[~ameriptian~ 54]

Ok, it sounds like you did indeed have a Stokes interview, but it sounds like it wasn't an intensive one, else it would have taken much longer.

They rarely select people for a Stokes interview randomly. They simply don't have that sort of free time. That sort of random fishing is a grossly inefficient way to try to uncover fraud. There are key factors they look for that can trigger a Stokes interview. Unfortunately, we will never know what those factors are. They won't tell us because that information would be immensely useful to a true visa scammer.

They do conduct investigations prior to the interview. They collect information from various law enforcement and government agencies in the US. They may also access any available public records. It's difficult for you to know exactly what they know about you and your spouse when you show up the for the interview. Sometimes people know about a situation or circumstance in their case that might trigger a Stokes interview. Sometimes they get a clue from the line of questions asked. Sometimes they are hit completely unaware, as it appears you were.

As I said, you shouldn't take it personally. You know that your relationship is sincere, and that you are innocent, but the IO doesn't know you or your spouse. All they know is what they see in your file. Something in your file set them off. At this point, it probably doesn't matter what it was - you were ultimately approved.

A word of caution: Since you were subjected to a Stokes interview, it is distinctly possible that you are still under suspicion by USCIS. It is possible that sometime in the next couple of years, prior to removal of conditions, a couple of ICE officers could show up at your house to conduct an "investigation". They would be looking for evidence of cohabitation. They will go through your personal effects, dirty laundry, etc. I'm not saying this will happen. I'm only saying it might happen. Knowing this in advance might help you be better prepared to deal with it if it should happen.

I am absolutely not worried about that.. They can go ahead and do any type of investigation they want, it will just show them what type of dumb culture-phobic employees they have... I would love to give them the opportunity to feel that..

All I am saying is, there MUST be and there should be some guideline of human rights during interviews.. There's no reason to be hostile and demeaning to someone because you 'suspect' there's something in there case... Unless you do an investigation and find something (which I am sure they did not because both of us are two of the most straight-forward-people-who-just-want-to-live-right anyone could ever meet), then don't be so demeaning and prove yourself a fool.. But since we are talking about the government here, so I know it's in nobody's hands.. I hope if there's any type of immigration reformation to come, that any leader would have that issue in mind...and it will not happen, unless innocent people who have been subject to these interviews draw their attention to it..

I thought the US is all about Freedom (of Faith, Beliefs, Speech, etc.) and Protecting Human Rights..and I did not really feel that during my interview...

[~ameriptian~ 54]

Another +1.

Good to know that some I.O.s take their job seriously. I'm sure, though that in Egypt such interviews are much more casual, with a cup of coffee, a card game, and a camel ride to top it off.

Edited November 3, 2010 by Aya&John

[C and Lore 3]

I think it sucks that you had to go through that. I'm relatively sure my experience will be somewhat similar since I live in Miami. The sad thing is just that most of those questions are relatively to be expected based on what I hear. The questions of religion are to determine how much you share with your spouse, since USCIS has decided that most true couples share one religion. The questions regarding drugs and prostitution are to measure your compliance with the law as obviously we would not want those persons doing things that we (society) find unacceptable being able to be here. The payment questions (whether you paid him) are to substantiate whether you paid for him to procure this benefit. If you paid him (not shared money) at any point to do this even if its later a real relationship they'll say that it was fraudulent.

I think it'd be nice if their people were forced to be a bit more kind and respectful unless they really have discovered something illegal. But just like the police, they can lie all day and night to you and its not illegal. Unless they do something like detain you for no reason (which you'd have a difficult time proving as the case) than your out of luck. Also you must remember that your resources for recourse are very limited. As USCIS is part of DHS the Patriot Act applies, which gives damn near limitless powers, all they have to do is justify it in a small way even if its not true.

End story, I think you said you were approved. I would be happy I was approved, write a letter to my senator, write a letter to USCIS, and be done. There's not much you have to do. And not much likely to be done. At the end of the day by writing the Senator there might be a small scolding, USCIS will likely defend him saying all of the questions were relevant to his job. Think of it this way. I know for a fact that there are other real couples who go through this and they get denied. They then spend thousands more trying to prove that the original officer at the AOS interview was not only an ####### but was wrong too. The people I know were later able to get it done but still, its one more thing you didnt have to go through.

[Anh map 2,098]

Several of the questions that you mention (prostitution, bigamy, drugs, gangs, terrorist, etc.) are the same questions that you (and all other AOS applicants) answered in Part 3 of the form I-485.

From my recollection the IO asked the same questions to my wife during the AOS interview. It appears to be standard procedure for the interviewing officer to verify the answers submitted by the applicant.

[William33 110]

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[Bryan and Nina 1]

I'm sorry about your experiences too. I agree with Jim, but take my thought with a grain of salt: I'm no lawyer, only a true libertarian. Getting offended by the behavior of people in government is pretty standard fair all over, and I dare say in the US especially. My only worse experience is in Canada. The US does have a problem on a national level and at every local scale with police and/or LEO abuse of power, escalating intrusion of surveillance, etc. You, me, and many others probably have a pretty clear notion of fair and unfair, and would just like to have a little justice.

Unfortunately, you should expect none in this situation. Here seems to be a great place to find a sympathetic ear and shoulder. Get the frustration vented here is a safe place, then turn back towards love and your relationship! Som battles, especially those related to human rights and civil liberties, are certainly worth fighting for. This is probably not one.

By the way, the highly offensive, overtly invasive, and disdainful attitude by said interviewer, does NOT represent the US, only that person's poor attitude. Maybe he was having a bad day, or he was jealous of you and your friend, maybe his boss chewed him out for being too nice...

Good luck!!!

Yes, we were interviewed separately, then together for an hour or so. I did not mind AT ALL us being interviewed separately.. WE actually were very calm collective and had a good humor about it, even though the IO did not share it (which I don't care).

I understand that stokes interviews are required for a certain type of people and If I had lied or had an issue with anything, I wouldn't be surprised if I was under that type of questioning.. If they have to run that type of interview, they should do enough research/investigation to have any grounds for their offensive accusations and remarks.. Like any type of secret investigation prior to deciding whether they are going to treat people like that or not.. I have never lied about anything in the visa or AOS processes (and mainly hate lying in general).. That's one of the reasons I feel very offended.. There's absolutely no reason to treat innocent truthful people like that, while there are clearly many immigration problems and more illegals probably than every single post on VJ in a whole year...

Although (as an innocent true couple who just fell in love, got married, and want to spent the rest of their days together) we feel offended by the type of questioning we were under and feel there should be some type of investigation before that type of interview is run and people shouldn't be 'randomly' selected for them or just because he 'thought' we lied about something- which we did not.. We absolutely see no reason for the religious/racial/and cultural remarks and questions... Is it still ok to ask a person what race they are (even though it is obvious)? What religion they follow (that's a very wide variation considering we are spiritualist more than religious)? And making very offensive cultural remarks here and there???

[Nik+Heather 121]

Several of the questions that you mention (prostitution, bigamy, drugs, gangs, terrorist, etc.) are the same questions that you (and all other AOS applicants) answered in Part 3 of the form I-485.

From my recollection the IO asked the same questions to my wife during the AOS interview. It appears to be standard procedure for the interviewing officer to verify the answers submitted by the applicant.

I think we all forgot about that part. Anh Map. Very good point. Seems like most of the questions she was most upset about are on the I-485 - Aya, they asked Nik those questions too. Both on the form we submitted and out loud in person.