Stokes interview · Marriage-based green cards
A Stokes interview tests the marriage. We prepare you and go with you.
When USCIS questions spouses separately to compare their answers, we review the record you already filed, organize the real evidence of your shared life, prepare both of you for the format, and represent you in the room.
A second interview is not a fraud finding. Not proving a marriage is different from fraud, but a fraud finding under INA § 204(c) bars approval of any later petition, so the record made that day matters.
Why USCIS asks
A second interview means the first one left questions.
Under 8 C.F.R. § 103.2(b)(9), USCIS may require any petitioner or beneficiary to appear for an interview, and its Policy Manual says spouses may be interviewed together or separately at any stage. The manual also lists cases where a marriage interview is required.
When USCIS says an interview is required
- The evidence is not enough to show a bona fide marriage, or the record suggests it is not one
- Material inconsistencies or derogatory information in the file
- The petitioner filed a spousal petition before, for a different spouse
- Either spouse was part of an earlier spousal petition that was denied, revoked, terminated, or withdrawn
- A resident petitioner who got residence through marriage less than five years before filing
- A marriage that took place while the immigrant spouse was in removal proceedings
- The bona fides of the marriage are still in question after an initial interview
What often prompts a closer look
- Vague or inconsistent answers at the first interview
- Few joint records: no shared lease, taxes, accounts, or insurance
- Different addresses on the forms, or spouses who live apart
- A short time between meeting, marrying, and filing
- A large age gap, or no shared first language
- A tip from a third party
None of these facts is disqualifying. Many real couples marry quickly, keep separate accounts, or speak different first languages. The legal question is whether the marriage was entered into in good faith, not whether it looks conventional.
How it works
Same questions, separate rooms.
A Stokes interview is a marriage interview in which the officer questions each spouse alone and compares the answers. The name comes from Stokes v. INS, a federal court case in New York in the 1970s.
- 01
The notice
USCIS sends the date, time, and place of the appointment, usually with a list of what to bring. Some couples are separated at their first interview without any new notice.
- 02
Identity and oath
Each spouse is identified and placed under oath. What you say becomes part of your immigration record.
- 03
Separate questioning
The officer questions one spouse while the other waits, then asks the other about the same subjects: the home, daily routines, bills, family, work, and the history of the relationship.
- 04
Notes and statements
The officer records the answers, and a written sworn statement may be taken. Read anything you are asked to sign, and ask for an interpreter's help if you need it.
- 05
A chance to explain
Many officers bring the couple back together to ask about answers that did not match. If a decision would rest on derogatory information you do not know about, the regulation requires USCIS to tell you and let you respond first.
- 06
The outcome
You may leave with an approval, a request for evidence, a notice of intent to deny, or no decision yet. Keep every notice and calendar every deadline.
Preparing honestly
Preparation means remembering your real life, not memorizing a script.
Officers can tell a rehearsed answer from a remembered one. Good preparation refreshes real memories and fills gaps in the paper record, so the truth comes through clearly.
Start with what you already filed
We reread your forms, the evidence submitted, and what happened at the first interview. Addresses, jobs, and dates that do not match the forms are where questions begin.
Update the joint evidence
8 C.F.R. § 204.2(a)(1)(iii)(B) lists the kinds of proof that count: joint property, a shared lease, commingled finances, children's birth certificates, and sworn statements from people who know you. See our 12-document checklist.
Talk through your real life
Review routines, finances, the home, family, and the history of the relationship together, and look at photos to place dates. When you do not know something, say so. If your spouse handles a bill, say that.
Explain the unusual parts in advance
Living apart, separate finances, a prior marriage, or a fast timeline are not disqualifying, but they should be explained and documented before the officer asks.
We never tell anyone what to answer. Coached or invented answers put the case, and the people in it, at serious risk. Our work is an accurate, well-organized record and two spouses who understand the process.
Your attorney's role
You have the right to an attorney at the interview.
Under 8 C.F.R. § 292.5(b), a person at a USCIS examination has the right to be represented by an attorney, who may introduce evidence, make objections that are stated succinctly and entered on the record, and submit briefs.
File Form G-28 before the day. USCIS does not allow a representative without a valid notice of entry of appearance to represent you during the interview.
- Objections on the record. Counsel can object to improper questions and make sure the objection is noted.
- Our own notes. We keep a careful account of what was asked and answered, which becomes the base of any later response.
- The chance to explain. We ask that differences be put to you while you are there, so you can explain them on the record.
- Evidence in hand. We bring an organized copy of the evidence and the updates, ready to hand to the officer.
- What counsel does not do. An attorney does not answer for you. Your testimony has to be your own.
After the interview
The interview ends. The case may not.
What comes next depends on what the officer decides and which form is affected. Each outcome has its own deadline and its own response.
The green card is approved
If the marriage was less than two years old when residence was granted, the card is conditional and the marriage is reviewed again on Form I-751. Keep building the joint record.
Removing conditions (I-751)A request for evidence
USCIS asks for more proof of the shared life. The notice states the deadline, and the response should answer every point it raises.
RFE RescueA notice of intent to deny
The notice sets out the reasons for a proposed denial. By regulation, the response time is no more than 30 days and cannot be extended.
NOID responsesThe petition is denied
The petitioner may appeal an I-130 denial to the Board of Immigration Appeals, or ask USCIS to reopen or reconsider. The deadline is short and runs from the decision.
Options after a denialThe green card application is denied
There is no appeal from an I-485 denial, but an applicant who is not an arriving alien keeps the right to renew it before an immigration judge if removal proceedings begin.
Adjustment of statusA marriage-fraud determination
The most serious result. It affects every later petition, not only this one, and needs a legal strategy before anything else is filed.
Why it mattersUSCIS can also decide without first sending a request for evidence or a notice of intent to deny in some cases. Send us every notice the day it arrives.
What is at stake
Not proving a marriage and committing fraud are different findings.
A case can fail for lack of evidence without anyone finding fraud. A fraud finding under INA § 204(c) is a separate and far heavier conclusion.
| Marriage not proven | Marriage-fraud finding | |
|---|---|---|
| What USCIS concluded | The evidence did not show a marriage entered into in good faith | The marriage was entered into, or attempted, to evade the immigration laws |
| Who carries the burden | The petitioner must prove the marriage | USCIS must show substantial and probative evidence of fraud in the record |
| Effect on later petitions | A new petition with better evidence may be possible | No later petition may be approved for that person, even one based on a later, genuine marriage |
| How to respond | More and better evidence of the shared life | Rebut the specific evidence relied on, with a legal strategy first |
In the words of the USCIS Policy Manual, "Failure to demonstrate a bona fide marriage does not, by itself, mean that the marriage is fraudulent."
Private two-minute guide
Where should your Stokes preparation start?
Answer three general questions. The guide suggests where a review should start; it does not decide your case or send your answers to the firm.
Official sources
Where the rules are published.
Interviews, representation, and the marriage-fraud bar are governed by the regulations and USCIS policy below. Check the current versions before relying on them.
Questions
What couples ask before a Stokes interview.
Short answers to common questions. Your history and your notice may change the answer.
What is a Stokes interview?
A marriage interview in which USCIS questions each spouse separately and compares the answers. USCIS may interview the petitioner, the beneficiary, or both, together or separately, at any stage. Our Stokes interview guide explains the background.
Does a second interview mean USCIS thinks we committed fraud?
No. It means the officer wants more before deciding. The USCIS Policy Manual says that failing to demonstrate a bona fide marriage does not, by itself, mean the marriage is fraudulent. Still, treat the appointment as seriously as a court date.
Can our lawyer be in the room?
Yes. Under 8 C.F.R. § 292.5(b), you have the right to be represented at the interview. Counsel may introduce evidence, object on the record, and submit briefs, but does not answer for you. Form G-28 must be on file.
Should we practice our answers together?
Review your real life together: routines, the home, finances, key dates, and photos. Do not memorize a script or agree on answers you do not actually know. "I don't know" is a fine answer when it is true.
What if our answers do not match?
Small differences are common, and nerves, interpretation, and who handles which task explain many of them. If a decision would rest on derogatory information you do not know about, USCIS must tell you and let you rebut it first. A response with documents and sworn statements can explain honest differences.
We live apart for work or family. Is that a problem?
Not by itself. USCIS policy says it may not deny a petition merely because spouses live separately, because it does not judge whether a marriage is viable. The question is your intent when you married. A formal legal separation is different and needs advice first.
What is the INA 204(c) marriage-fraud bar?
If USCIS determines that a person entered into a marriage to evade the immigration laws, or attempted or conspired to, no later petition may be approved for that person. USCIS must point to substantial and probative evidence in the record. A fraud concern deserves a full legal response.
What happens after the interview?
Approval, a request for evidence, a notice of intent to deny, or a denial. A NOID allows no more than 30 days to respond. See our pages on NOID responses and RFE responses.
How much does it cost, and how long does it take?
We quote our legal fee for preparation and attendance in writing after reviewing your case, and payment plans are available. USCIS timelines vary by office and change often.
Will the marriage be questioned again later?
If your green card is conditional, yes: the marriage is reviewed again when you file Form I-751 to remove the conditions. Keep building the joint record after you pass. See our I-751 page.
Stokes interview help at a glance
- What it is
- A USCIS marriage interview in which the spouses are questioned separately.
- Who gets one
- Couples in marriage-based green card cases where the officer has questions about the marriage.
- Authority to interview
- 8 C.F.R. § 103.2(b)(9); USCIS Policy Manual, vol. 6, part B, ch. 5.
- Right to counsel
- 8 C.F.R. § 292.5(b), with Form G-28 on file.
- Fraud bar
- INA § 204(c), 8 U.S.C. § 1154(c).
- Languages
- English and Spanish.
- Office
- 609 W. Hamilton Street, No. 102, Allentown, PA 18101 · (484) 763-4984
Information reviewed against official sources, including INA § 204(c), 8 C.F.R. §§ 103.2(b), 204.2(a), 245.2(a)(5), and 292.5(b), and the USCIS Policy Manual, volume 1, part D, and volume 6, part B, chapters 5 and 6, on October 8, 2026. This page provides general information, not legal advice, and does not create an attorney-client relationship. Policies and interview practices change.
Reviewed and updated
Notice · Record · Representation
Bring the interview notice and what you filed. We will start there.
A first review can start with the notice, copies of the forms you submitted, and the joint records you already have. Tell us right away if a date is set.
English and Spanish · Allentown · Pennsylvania · New Jersey · New York · Representation where permitted