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View Full Version : What is "stokes interview"?


jolantarenee
04-06-2008, 12:08 AM
I imagine it's when they do not believe in bona fide marriage? What's the process of this interview and the difference btw regular and "stokes interview"?Appreciate your help.

kitkat1
04-06-2008, 12:21 AM
http://www.murthy.com/news/UDirlove.html

Assuming the couple is in the U.S., they will have to appear before the INS for a joint interview, sometimes called the "Stokes interview". The INS will question them together regarding the marriage and the documents offered in support of the marriage. The INS Examiner will judge their demeanor, the way they interact together and other relevant factors. In cases where the INS has misgivings, the couple can be interviewed separately for extended periods. In these separate interviews, the couples are asked details of their daily lives and backgrounds. Their answers are later compared. The questioning goes beyond things that could be memorized prior to the interview. The couple is given a chance to respond in writing to explain discrepancies and provide further documentation, if after the interview the INS determines that the case is not appropriate for approval.

The couple must also demonstrate that all prior marriages were validly terminated. If the beneficiary previously attempted to gain immigration benefits through a marriage, the INS will have to be satisfied that there was no fraud in the earlier marriage. If there was fraud involved in an earlier marriage there is a permanent bar against gaining benefits though a later marriage.

As additional protection against marriage fraud, "conditional" permanent resident status is given to a foreign national with a marriage that is less than two years in duration at the time of case approval. This means that the permanent resident status is only valid for two years and a further petition must be filed to remove the condition. Again, the couple must provide documentation to demonstrate the validity of the relationship. Essentially, the INS does a two-year review of the marriage to see how the couple conducted themselves.

Essentially, Congress and the INS have put safeguards into place to weed out fraudulent marriages. Cases that are denied can be referred for removal (formerly known as deportation) proceedings. All forms are signed under penalty of perjury, and the signatory is subject to substantial criminal penalties. While the system is not infallible and some questionable cases may slip through and some genuine cases may be unduly difficult, immigration through marriage is certainly neither automatic nor a "rubber stamp" procedure. So, although the Beatles song says "All you Need is Love," it just is not sufficient to obtain permanent resident status in the U.S.! A couple needs to establish the other indicia of a valid relationship and file all required legal documents.

jolantarenee
04-06-2008, 12:34 AM
kitkat, thank you for a quick and excellent answer, I coudn't ask for more

jsierra1982
04-07-2008, 02:46 PM
oooh a friend of mine had one of those. scary. she said they even asked her what side of the bedroom door the light switch was on.