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The attorney will be able to be in both of the interviews and that's why we say have an attorney there because you've got someone who's in both places who can speak up if the officer isn't asking the questions properly, and that is a thing. He said he got you perfume and you got him jewelery ( trying to confuse us). No decision after stokes interview answers. If you've already been invited to a Stokes Interview and you withdraw, you're probably going to be investigated by HSI (Homeland Security Investigations) and they're probably going to look into that. The interview will be conducted by a USCIS officer (in the United States) or a consular officer (abroad) who is specifically trained for such marriage-based green card interviews. Even when husbands and wives prepare, some individuals cause themselves problems by not practicing common sense guidelines for providing testimony. So we did the test, we did the N-400 questions, and then he switched to the Stokes interview for the beneficiary, and the beneficiary did great. He said 9410 and she was like you mean 9140 and he caught on to that and immediately got angry.
During the 'STOKES' interview, the officer looks for consistency in the answers provided by both the Petitioner and Beneficiary. Rightly or wrongly it's the reality, so just understanding which country you come from, and how those countries' documents are typically viewed by immigration. Then, call your attorney immediately. No decision after stokes interview will. The second interview means your immigration application is on shaky ground. The reasons for suspicion are so varied that a concise list cannot be made. What is a Stokes Interview? The Beneficiary stated that at the time of the marriage proposal, he did present her with a ring.
And the whole idea that we were even going to have a Stokes interview was dumb, and USCIS will do this. I am totally confused about what it is. The immigration officer will be looking for evidence that the couple is really married. My client hired us to sue USCIS because they had been waiting for a decision on their I-751 for over three years. Nonetheless, there are some best practices when preparing for the I-751 interview: -. Family Based Greencard Experiences - No decision after stoke interview for i485. If the officer does believe that the marriage is valid, they will approve green card status. Do you have a marriage-based permanent residence interview coming up? Through this questioning, the Officer elicits information that they will then later ask of the petitioner.
How To Know When You're About To Get A Stokes Interview? Couples have been known to disagree about facts surrounding the events of the wedding, their last big trip and the spouses birthday you like to eat and what you like to for is useful to write things down together and exchange notes before the interview just to jog your memory. The consulate will then issue an appointment notice informing the foreign spouse that they alone must attend an interview at a certain time, date, and location. No decision after stokes interview using. The adjudicator uses documentation you submitted with the I-751 petition to make this determination. You and your spouse may be well aware that you love each other and did not enter the marriage for the sole purpose of obtaining a green card. When they feel like this thing is falling apart, they will often try to tell immigration that the whole thing was a fraud and that the immigrant was just tricking them the whole time.
We had our 3rd interview on 5/17/2021 and ofcourse it was the same officer that conducted the home visit to my friend's house. If it appears you and your spouse have trouble communicating in a common language, that fact may be one of the reasons officials are calling your marriage into question. The appointment may last most of the day. If the interviewing officer is sufficiently convinced that the marriage is not fraudulent, they will approve the spouse for a green card. There were lots of complicating factors in that one, but generally, they all are exhausting, so you gotta be ready emotionally and mentally. After stokes interview, no final decision, help. IO checked the first one, which means I was put on hold due to the first reason. Until the background investigation is completed, we cannot move forward on your case and we cannot provide a time frame for completion.
In short, not preparing in advance is a risk couples in love should never, ever, take. Just remember the longer time goes on, the more information is out there, and we're talking about a federal agency that has access to all sorts of law enforcement federal records that we don't even know about, but they can at the click of a button access FBI, DHS; all sorts of records about you. When that happens, they might just issue a Notice of Intent to Deny…but they might call you in for a second interview, too. No decision after 2nd (stokes) interview - Adjustment of Status (Green Card) from K1 and K3 Family Based Visas. What the Second Interview Means.
The second interview is commonly referred to as the 'STOKES' interview. They asked my husband his name etc and then asked him my names, bday and phone were two interviewers in the room. By the way, did anybody hear people were rejected after the first interview? Usually this is a brief question and answer. After all persons, including the attorney states his name and address the examiner asks whether any documents are being submitted in support of the petition. Something that has been said or stated in the documents is causing suspicion, – Immigrant officer is not convinced in the authenticity of the marriage, – Lack of communication in the same language between spouses, – Lack of joint finances, – Big age difference, unimprovable cultural and religious differences, incompatible lifestyle and morals, – Contradictory answers at the first interview, – Getting married after being informed about the removal of the immigrant spouse etc.
This was the reason he did not celebrate any American holidays along with his wife. In order to familiarize ourselves with this case and adequately prepare the clients, we re-scheduled the second interview for a later date. Their responses will be subjected to strenuous cross-examination by the DHS attorney and detailed review by the judge assigned to the case. The government did not think they had shown their marriage was a good faith marriage. As you can see, your best strategy to avoid an I 751 interview is to prepare a strong I-751 petition with overwhelming evidence to prove a good faith marriage. Men tend not to pay attention half of the time. Someone I know told me that it's a automated letter but I am here today hoping that someone will bring some clarity. This time to see if the answers are substantially the same. The interviewing officer's primary goal is to assess the authenticity of the marriage. The USCIS officer will thoroughly scrutinized the husband and wife in an attempt to arrive at the "truth. "
The Dangerous Consequences Of. The secret to a smooth and successful interview is preparation and more sults of an interview will be based on your communications (verbal and non verbal) with the officer, your physical appearance on the day of the interview, the documents that you will present and your answers to the questions asked. You may be asked to come back for another interview if they run out of time to ask you enough questions to confirm your eligibility or genuineness. They may ask very invasive questions, but it's important that both parties answer all questions openly and honestly. During the 'STOKES' interview the immigration officer probes the couple on the intimate details of their relationship. If you have not heard back within 90 days, we recommend arranging a follow-up Infopass appointment with your local USCIS service centre to see what more needs to be done to get your matter over the line. Before the U. S. Citizenship and Immigration office, the marriage-based green card interview is the last step in the application process for getting permanent residence. However, if the marriage is real, there are no reasons to fear questioning at the second interview. Do remember that if USCIS doesn't make an immediate decision, your application for permanent residence has not been refused, and you can remain living legally in the US until you receive your final decision. The Petitioner was correct in stating that her mother-in-law came to visit the couple between March and May.
Couples that sufficiently document their bona fide marriage will avoid the I-751 interview or pass the initial interview. In severe cases, USCIS can send a notice of intent to deny (NOID), with a request addressed to spouses, to provide a proven explanation for all the mismatches at the interview. We are also on social media and on Skype: @LegalEaseUS. If all of the answers were the same, or if there were only minor inconsistencies (different answers), then the Officer may decide that the testimony demonstrated a bona fide marriage.
Instead she was out of town visiting her friends. If USCIS isn't convinced that you have a bona fide marriage, the conditional resident's status may be in jeopardy. Unfortunately, sometimes immigration officers don't like what they see. There's nothing like the peace of mind when someone's sitting there waiting with you in the waiting room, they've told you what documents to bring, they've reviewed them, they make sure everything's in the file, they're sitting there next to you throughout the whole process just to bring some sort of calm to what can be a very stressful process. Others may be charged with criminal violations under INA section 275(c).