K1 refused, now they want me to come to Vietnam

[JimVaPhuong 4,863]

I am the original poster of this topic. To clarify things, when the translator called, she told my fiance that I would need to come so that they could see me, and to bring more supporting information on our relationship such as detailed wedding plans and that she would send a new appointment letter in the mail. Yesterday my fiance got the letter. So, it looks real, but it just seems so strange....

If she got the letter then it's real. If they're specifically asking that you attend then a Stokes interview sounds like a very real possibility.

This is a very unusual situation. I don't know anyone on this forum who has been through this at the consulate in HCMC, so first hand advice is going to be hard to come by.

I would personally not want to go into this without some help from a professional. Unless you know each other like the back of your hand, successfully getting through a Stokes interview and being approved can be very difficult. The few Stokes interviews I've heard about at the consulate in HCMC have been brutal. A couple of hours of intense questioning, and the questions are extremely personal.

Marc Ellis doesn't usually do interview prep himself. He has an associate in HCMC, Mr. Nam, who handles this for him. Mr. Nam can be very harsh with his questioning, which I generally think is uncalled for in most cases. However, if you are headed for a Stokes interview then his style of questioning is probably exactly what you need.

It's also possible this is not a Stokes interview, and they just want to ask you some questions face-to-face. If they just wanted proof you actually exist (which is extremely unlikely, given the evidence you had to submit to USCIS) then they'd just ask you to submit a notarized statement, which is what they do the majority of times when they want further information from the petitioner. The fact that they're asking you to travel to Vietnam and appear personally sure sounds like a Stokes interview.

If you plan to use Mr. Nam's services to prepare for the interview then I suggest you get to HCMC as soon as possible. You'll need several days minimum for his interview prep sessions. It's only a few days before the lunar new year, so it's unlikely you'll be able to find a seat on any airplane until late next week. Take the first flight you can get.

I can't imagine the circumstances that led to this. Perhaps the IV section chief didn't think the CO's evidence for denial was strong enough to wash with USCIS, but he agreed with the CO that your relationship was probably a sham. Perhaps the Fraud Prevention Unit uncovered something serious after the visa was denied, and they want to make sure they get this evidence into the record to help guarantee a fraud marker will result in a finding of fact with USCIS. I don't know. Maybe Marc or Mr. Nam can help you figure it out. You'll probably know for sure after the interview.

[K1visa125 3]

Got an appointment letter or a letter requesting additional information?

It was appointment letter.

Thanks

Bruce

[Anh map 2,098]

It was appointment letter.

Thanks

Bruce

Wow! You are blazing a new trail for VJ members at HCMC. I echo Jim's thoughts and advice.

I hope this doesn't mean that HCMC is going to way of Guayaquil (Ecuador) with regard to interviews where the petitioner is expected to be present.

Please keep us posted.

[Aztec&Taino 144]

I have a situation that I haven't seen him before so I thought that I would post it here.

My fiancé and I have known each other for four years and we submitted all the paperwork for her K-1 visa and eventually she had her interview on January 15.

We were pretty thorough in the paperwork we submitted and sent information such as e-mails, phone calls, chat logs, photos, cards, letters - everything we thought she would need for a successful interview. I had also visited her 5 times in Vietnam.

Unfortunately she failed the interview and the reason given was that she failed to prove a real relationship.

This was very disappointing but then, 3 days ago, she received a phone call from the interpreter telling her to come back for another interview on February 16, and to bring me so that she can see my face to prove that I was a real person!!! I was just there in Nov. 2010 and I can probably go again, but it will be a huge problem for me to go half way around the world (I am in California) in only 2 weeks just to show my face for 5 minutes with no guarantee that she will get a visa.Has anyone ever heard of this happening before?

Thanks,

Bruce

Yes, I have heard of this sort of thing happening before. Quite honestly, for many of us petitioners it is a FACT that if we want a chance for our fiance(e)s to get their visa approved we have to be there. Yes, your coming to the 2nd interview does not mean that your fiancee will be approved, but it would be a change that could be a golden opportunity to be with your fiancee; a chance to get the K1 visa. It is a huge problem to go half way around the world for what may turn out to be only a five minute interview, but these are the problems we "signed up for" when we decided to develop a serious relationship with a foreigner! I hope you can find the time and money to attend and that your trip is successful.

Best wishes!

[JimVaPhuong 4,863]

Bruce,

I'm going to share something with you, and you and your fiancee can discuss it.

I knew before I filed the petition that the consulate in HCMC sometimes conducts Stokes interviews. I also knew that they were a relatively rare exception and not the general rule, like at some other high fraud consulates. The consulate in HCMC is one of the busiest in the world - I think I remember them claiming they were the 5th busiest. They don't generally want to spend any more time on any one case then they absolutely have to. They'd rather hand your fiancee a white denial slip and send her out the door then spend any additional time with her. And like I said before, this is the first time I've ever heard of an interview being scheduled after the visa had already been denied, and that required the petitioner to be present. I think there's a good chance this is going to be a Stokes interview.

My wife (fiancee at the time) and I discussed the possibility of a Stokes interview before I ever sent the petition. In fact, we discussed pretty much all of the possible scenarios. We decided how much we would be willing to take and where we would draw the line. Ultimately, we decided that a Stokes interview was crossing the line. We decided that if we were called in for a Stokes interview that we'd tell the consulate to get stuffed, and we'd walk out. We'd deal with the returned petition after USCIS got it back. I'll deal with any amount of bureaucratic delays or any reasonable amount of scrutiny, but I was not going to allow any government bureaucrat to force me or my wife to beg or to humiliate us.

This doesn't mean I would have given up. Far from it. I would have fought tooth and nail to keep USCIS from revoking the approval of the petition. If that failed then I would married her and started again with a spousal visa. If that ultimately failed then I would have gone to court. If I exhausted every possible avenue then I would have said goodbye to my family in the US, and moved to Vietnam.

I'm not telling you that this is what you should do. That's a personal choice only you and your fiancee can make. But you should discuss this with her, and decide where you'll draw the line. A Stokes interview can be very a very traumatic event, especially if you or your wife don't have a strong personality and the willpower to deal with it.

[JudyKCski 12]

Bruce wish you luck what ever you decide to do. I noticed you just joined VJ earlier today - friendly reminder could you do your timeline please Thank you

[Used to be broken 147]

Hmmmmm, very interesting

They really are not supposed to deny these things unless they have concrete evidence that DHS was originally not privy to. Perhaps things are changing here, or they are under increased scrutiny about these denials.. Or the "supervisor" didn't like the denial and would not sign off on it after he saw the packet?

So maybe supervisor told interview officer get the fiance in here, if he shows issue the VISA?

[coraliesolms 47]

Here is some information on a Stokes: I pulled it off of an immigration site.

What is a stokes interview?

When an individual sponsors his or her spouse for U.S. permanent residence, they must collectively demonstrate to an USCIS official that their marriage was entered in good faith, and not for the purpose of evading immigration law. They must provide sufficient documents, and go through an interview at a USCIS office where they will answer questions in front of an immigration officer (IO) about their marriage and life together. This first interview usually lasts about 1 -2 hours, and the questions are generally not intrusive.

However, if the IO conducting the first interview is not entirely satisfied and still has questions about the marriage, he/she will schedule a secondary interview known as the "Stokes Interview." During a stokes interview the husband and wife are separated from each other and must answer a series of questions that are rather personal and invasive. The interview will be taped and their statements will be compared against each other. If their answers match very well it is a good indication that the marital relationship is genuine. If not, the couple will be given a chance to explain the discrepancies.

At the conclusion of the stokes interview if the IO is still not convinced, and still has reasons to believe the marriage was created for the purpose of obtaining immigration benefit, he or she will deny the adjustment of status (AOS) petition.

How long does a stokes interview last?

A stokes interview can easily last several hours, depending on the IO, the complexity of the situation and the schedule. Because a stokes interview happens only after the IO already has some doubt about the bona fide of the marriage, expect a long, exhausting and definitely unpleasant experience.

However, don't be scared. Answer the questions truthfully and to your best knowledge. You simply can not guess every question that will be asked, so the best approach is to stay calm and answer the questions honestly.What types of questions are asked during a stokes interview?

Put yourself in the shoes of an immigration officer, and imagine how you can figure out whether the couple is really married or just pretends to be married for the purpose of getting a greed card. Those are the questions you should expect during a stokes interview.

Although interview questions vary from case to case, they are generally in the following categories:

■About your relationship:

where you met, how you met, who pays utility bills, by check or online banking, which bank, what TV shows do you watch together, name a few restaurants you both like, do you have or plan to have kids, what is your first kid's birthday, where was she/he born, when was the last time you had a vacation.

■About your spouse:

what job does your spouse have, what was the last job, name the kids from a previous relationship, what time does your spouse usually go to sleep, what side of bed does your spouse sleep on, have you met his/her family, who did you last meet and when, what is the color of your spouse's pajama.

■Around your home:

how many bedrooms, showers, toilets are in the house, what is the garbage pickup day, what colors are the window/shower curtains, how many drawers does the nightstand have, where did you get the couch, how was it transported here, how many TVs do you have, what is the brand of your DVD player, where are the telephones located, how much do you pay for internet, what is the mortgage or rent, how do you pay it.

■Just before the interview:

who woke up first this morning, what breakfast did each of you have, how you got to the office, what car did you drive or from what station did you get on the subway, how long did it take you to get here.

You really have to be prepared for it, and make sure there are NO surprises for you, or your fiance. If there is anything you guys havent shared with eachother, now would be a good time to share it.

[Rebecca Jo 1,962]

Do we know for sure that she was really denied at the first interview? Have I missed the OP telling us EXACTLY what documentation his fiancee had when she left the consulate?

[coraliesolms 47]

SORRY, HERE IS THE REST OF THE ARTICLE

Can an immigration officer ask questions that are too personal?

An IO is not supposed to ask embarrassing questions, but some may get pretty close. From the sample questions above, however, it is clear that an immigration officer has plenty of options.

What if I don't remember some details during a stokes interview?

Say you don't remember. It is much better than trying to come up with an answer and then have to explain why you did that. Remember the officers conducting stoke interviews likely have questioned thousands of couples before, so telling the truth is always better than making something up.

How should I prepare for a stokes interview?

Gather all supporting documents that demonstrate the bona fide nature of your marriage, including the ones you used in prior interviews or petitions. If you were questioned extensively on a particular subject during the joint interview, try your best to enhance your supporting evidence in that area.

Discuss some details with your spouse that may come up during the interview. Look around your house more closely. Dress appropriately and comfortably in anticipation of a long day.

If you have an attorney, talk to him/her about things you need to pay special attention to.

A stokes interview is critical in your green card application, and you want to well prepared. But you can't possibly predict and be ready for every question. So try to stay calm, answer all questions truthfully, and do your best.

What may come out of a stokes interview?

At the end of a stokes interview, you and your spouse will be called into an office again. If there are discrepancies in your statements during the interview, this will be the chance for you to explain why. If your clarification, your overall interview answers, and the supporting documents are sufficient to convince the immigration officer that your marriage is bona fide, your green card petition will be approved. You will receive a letter welcoming you as a new permanent resident, and then the green card in the mail a few weeks later.

If, however, the immigration officer is convinced that your marriage is not real, he or she may deny your petition on the spot. You will be given a chance to appeal the IO's decision, and it is best to consult an immigration attorney under such circumstances.

Often you will not receive a decision immediately after the stokes interview. In this case you have to go back to the waiting game again.

Should I bring an immigration attorney to a stokes interview?

Your lawyer is allowed to accompany you to the interview, and his/her presence may help during the process. If your case is rather complicated and you can afford one, do consider bringing an attorney to your stokes interview.

Where did the name come from, anyway?

"Stokes Interview" was originally named after a law suit, and we are pretty certain it was this one: Stokes v. Immigration & Naturalization Service (INS), S.D.N.Y. 1975. Note that U.S. immigration agencies may refer to such interviews as "marriage fraud interviews" or simply "interviews."

[VanessaTony 3,567]

I think this is yet another case of the OP using the word "denied" too freely. I would say an RFE was issued for more evidence and the OP's fiancee told via the phone call that the USC will have to attend. I don't think it ever was "denied", it just wasn't approved pending further investigation.

[Tero 105]

I think this is yet another case of the OP using the word "denied" too freely. I would say an RFE was issued for more evidence and the OP's fiancee told via the phone call that the USC will have to attend. I don't think it ever was "denied", it just wasn't approved pending further investigation.

Yea that makes sense. If the visa was denied, there would be no request to have the petitioner present for another round. OP said they requested more evidence, so, it was not a denial in the first place.

[K1visa125 3]

Yea that makes sense. If the visa was denied, there would be no request to have the petitioner present for another round. OP said they requested more evidence, so, it was not a denial in the first place.

Yes, she was denied. I neglected to mention that she was denied at the second interview. After the first interview my fiance was asked to bring more supporting evidence. Even with the new supporting evidence of our relationship, she was denied at that meeting. It was indeed a surprise when the translator called her and asked to bring me to another meeting and sent a letter with another appointment date to support her call.

[pushbrk 13,123]

Bruce,

I'm going to share something with you, and you and your fiancee can discuss it.

I knew before I filed the petition that the consulate in HCMC sometimes conducts Stokes interviews. I also knew that they were a relatively rare exception and not the general rule, like at some other high fraud consulates. The consulate in HCMC is one of the busiest in the world - I think I remember them claiming they were the 5th busiest. They don't generally want to spend any more time on any one case then they absolutely have to. They'd rather hand your fiancee a white denial slip and send her out the door then spend any additional time with her. And like I said before, this is the first time I've ever heard of an interview being scheduled after the visa had already been denied, and that required the petitioner to be present. I think there's a good chance this is going to be a Stokes interview.

My wife (fiancee at the time) and I discussed the possibility of a Stokes interview before I ever sent the petition. In fact, we discussed pretty much all of the possible scenarios. We decided how much we would be willing to take and where we would draw the line. Ultimately, we decided that a Stokes interview was crossing the line. We decided that if we were called in for a Stokes interview that we'd tell the consulate to get stuffed, and we'd walk out. We'd deal with the returned petition after USCIS got it back. I'll deal with any amount of bureaucratic delays or any reasonable amount of scrutiny, but I was not going to allow any government bureaucrat to force me or my wife to beg or to humiliate us.

This doesn't mean I would have given up. Far from it. I would have fought tooth and nail to keep USCIS from revoking the approval of the petition. If that failed then I would married her and started again with a spousal visa. If that ultimately failed then I would have gone to court. If I exhausted every possible avenue then I would have said goodbye to my family in the US, and moved to Vietnam.

I'm not telling you that this is what you should do. That's a personal choice only you and your fiancee can make. But you should discuss this with her, and decide where you'll draw the line. A Stokes interview can be very a very traumatic event, especially if you or your wife don't have a strong personality and the willpower to deal with it.

Interesting, Jim. So what was your plan? I take it you wouldn't know if it was a Stokes interview until they separated you and started asking questions. How did you plan to deal with it on the spot. I'm thinking if that's the line a couple wants to draw, then they should have a written statement ready to hand the officer when they decline to proceed further. This written statement would then become part of any record going forward. What was YOUR plan?

[JimVaPhuong 4,863]

Interesting, Jim. So what was your plan? I take it you wouldn't know if it was a Stokes interview until they separated you and started asking questions. How did you plan to deal with it on the spot. I'm thinking if that's the line a couple wants to draw, then they should have a written statement ready to hand the officer when they decline to proceed further. This written statement would then become part of any record going forward. What was YOUR plan?

No written statement. If they asked me to go into the consulate then I would have obliged. If they then separated us we would have declined to participate and left the consulate. They can't hold you against your will. I made this abundantly clear to my wife. Obviously, this would have resulted in the visa being denied on the spot, but I would rather deal with the returned petition than subject my wife to a Stokes interrogation.