What USCIS Officers Are Looking For
The officer’s primary goal is straightforward: determine whether your marriage is genuine. According to the USCIS Policy Manual, the burden of proof lies with the applicant and petitioner to demonstrate, by a preponderance of the evidence, that the marriage was not entered into for the purpose of evading immigration laws. See USCIS Policy Manual, Vol. 7, Pt. B, Ch. 2. Officers compare your answers, review your documents, and look for the consistency that naturally comes from couples who truly know each other.
USCIS doesn’t expect perfection. They expect authenticity. Minor discrepancies about dates or details won’t doom your case, but inconsistencies in your core story might raise concerns.
Documents to Bring: Proving Your Bona Fide Marriage
Beyond the required immigration forms and identification, you’ll need evidence demonstrating your shared life. Organize everything clearly—a cover letter and labeled exhibits help the officer verify each item quickly.
Financial evidence carries significant weight: joint bank account statements, shared credit cards, tax returns filed jointly, and property ownership documents. Proof of cohabitation is equally important: your lease or mortgage showing both names, utility bills, insurance policies, and mail addressed to both spouses at the same address.
Photos should span your relationship timeline—from early dating through your wedding and recent moments together. Include pictures with each other’s families, at holidays, and during ordinary life. Brief captions noting dates and occasions help tell your story.
Finally, bring affidavits from friends and family who can attest to your relationship’s authenticity. These sworn statements from people who know you as a couple provide powerful third-party validation
Common Interview Questions
Officers group questions into predictable categories. For relationship history, expect questions about how you met, your first date, the proposal, and wedding details. For daily life, they may ask about your morning routines, who cooks, sleeping arrangements, and household responsibilities. Financial questions cover how you manage money, who pays which bills, and your banking arrangements. And family questions often touch on in-laws’ names, recent visits, and holiday traditions.
Some questions may feel surprisingly personal—that’s normal. Answer honestly, and if something seems inappropriate, you can respectfully decline.
Red Flags That Trigger Extra Scrutiny
Certain circumstances prompt officers to look more closely. These include significant age gaps between spouses, very short marriages before filing, limited common language, different addresses appearing in public records, and prior immigration violations. A history of the U.S. spouse sponsoring multiple foreign partners also raises questions.
Having one or more of these factors doesn’t mean denial—it means you’ll need stronger evidence and thorough preparation. If any apply to your situation, address them proactively with additional documentation.
The Stokes Interview: When Spouses Are Questioned Separately
If an officer has serious concerns after your initial interview, you may be called back for a Stokes interview—a more intensive fraud investigation named after the federal court decision that established procedural protections for couples facing marriage fraud allegations. Stokes v. INS, 393 F. Supp. 24 (S.D.N.Y. 1975). During this process, you and your spouse are placed in separate rooms and asked identical questions. Officers then compare your answers for inconsistencies.
Stokes interviews can last several hours and cover extremely detailed questions about your daily routines, home layout, and relationship timeline. Couples in genuine marriages typically do fine, but the stakes are high—a finding of marriage fraud renders the applicant permanently inadmissible under section 204(c) of the Immigration and Nationality Act, with no waiver available. INA § 204(c), 8 U.S.C. § 1154(c). If you’re scheduled for a Stokes interview, attorney representation is strongly recommended.
The Role of Your Attorney at the Interview
You have the right to bring an immigration attorney to your interview. 8 C.F.R. § 292.5(b). While attorneys cannot answer questions on your behalf—you must respond directly—they serve several important functions. They can request clarification if an officer asks a vague or confusing question, object if questioning becomes inappropriate, ensure the officer follows proper procedures, and help prevent unnecessary complications from misstated facts.
Perhaps most importantly, attorney’s presence encourages professionalism and keeps the interview focused on relevant issues. For straightforward cases, representation may feel optional; for complex situations involving red flags or prior immigration issues, it can be invaluable.
Tips for Interview Day
Arrive early and dress professionally—business casual sets the right tone. Review your application materials beforehand so the information is fresh. Practice common questions with your spouse, but don’t memorize scripts—officers can tell when answers sound rehearsed.
Stay calm. Nervousness is expected and won’t count against you. What matters is that your answers are truthful, consistent, and reflect genuine knowledge of your spouse and your life together. If you don’t remember something, say so honestly rather than guessing.
When You Need Legal Help
If your case involves complicating factors—prior denials, immigration violations, criminal history, or Stokes interview scheduling—consulting an experienced immigration attorney is essential. The Law Office of Matthew W. Peterson can review your specific situation, identify potential concerns, and help you present the strongest possible case for approval.
Contact our office at 617-295-7500 to schedule a consultation, especially if your interview is approaching.
This article provides general information, not legal advice.
