If your marriage-based green card interview did not go smoothly, or if USCIS has concerns about the legitimacy of your marriage, you may be called in for a second, more intensive interview known as a “Stokes interview.” Understanding what triggers this interview—and how to navigate it—can make the difference between approval and serious immigration consequences.
What Is a Stokes Interview?
A Stokes interview is a marriage fraud investigation conducted by USCIS when an officer suspects that a marriage was entered into primarily to obtain immigration benefits rather than to establish a life together. The interview takes its name from the 1975 federal court case Stokes v. INS, which established procedural protections for couples facing marriage fraud allegations, including the right to written notice, a list of required documents, and the opportunity to have an attorney present. See Stokes v. INS, 393 F. Supp. 24 (S.D.N.Y. 1975).
Unlike a standard green card interview where couples are typically questioned together, a Stokes interview separates the spouses. Each person is placed in a different room and asked the same detailed questions. Officers then compare the answers for inconsistencies that might indicate fraud.
What Triggers a Stokes Interview?
USCIS officers are trained to identify red flags that suggest a marriage may not be bona fide. Common triggers include inconsistent or vague answers during the initial interview, lack of joint documentation such as shared leases or tax returns, spouses living at different addresses without a clear explanation, significant differences in age, culture, or language, an unusually short relationship timeline, and tips or reports from third parties alleging fraud. See USCIS Policy Manual, Vol. 7, Part B, Ch. 2 (discussing bona fide marriage requirements).
How the Interview Works
The Stokes interview process typically follows a structured format. First, both spouses arrive together and are sworn in. Then officers separate the couple into different rooms. Each spouse is questioned individually for 30 to 60 minutes—sometimes longer—while the interview is recorded.
Officers ask identical questions to both spouses and compare their responses for discrepancies. After the separate questioning, the couple may be brought back together to explain any inconsistencies. The entire process can last anywhere from two to eight hours depending on the complexity of the case.
Types of Questions Asked
Officers have wide latitude in the questions they ask during a Stokes interview. Expect detailed inquiries about your daily routines and household responsibilities, the layout of your home and who sleeps where, how you met, your wedding details, and your relationship history, finances and banking arrangements, family members and in-laws, and future plans including children and housing. Some questions may feel intrusive, but they are designed to test whether you genuinely share a life together.
What Happens if Answers Don't Match?
Minor discrepancies—such as slightly different recollections of a date—are generally not fatal to a case. However, significant inconsistencies raise serious concerns. If USCIS believes the marriage is not bona fide after the Stokes interview, the agency may issue a Notice of Intent to Deny (NOID), giving the couple 30 days to respond and explain the discrepancies. See 8 C.F.R. § 103.2(b)(8).
If the response is insufficient, USCIS may deny the application outright, refer the case to Immigration and Customs Enforcement for fraud investigation, or initiate removal proceedings against the immigrant spouse. Id.
The consequences of a marriage fraud finding are severe. Under INA § 204(c), an individual found to have entered into a marriage to evade immigration laws is permanently barred from approval of any future immigrant visa petition—even through a subsequent legitimate marriage. See 8 U.S.C. § 1154(c).
Additionally, marriage fraud can trigger criminal penalties under INA § 275(c), including imprisonment for up to five years and fines up to $250,000. See 8 U.S.C. § 1325(c).
How to Prepare
Preparation is essential for any Stokes interview. Best practices include reviewing your original application and any prior interview answers, organizing documents that demonstrate your shared life such as joint accounts, photos, and correspondence, discussing daily routines and important dates with your spouse without over-rehearsing, answering honestly and saying “I don’t know” rather than guessing, and arriving early with all requested documentation.
Why Attorney Involvement Matters
A Stokes interview is not a casual follow-up—it is a fraud investigation with potentially life-altering consequences. Under Stokes v. INS, you have the right to have an attorney present throughout the interview.
An experienced immigration attorney can help you understand your rights and the process, identify weaknesses in your documentation before the interview, prepare you for the types of questions officers ask, attend the interview to ensure your rights are protected, and respond effectively to a NOID if one is issued.
The Law Office of Matthew W. Peterson can review your case, assess what concerns USCIS may have, and help you develop a strategy—whether that means preparing for your upcoming Stokes interview or responding to an adverse decision. If you have received notice of a second interview or suspect your case has been flagged, contact us immediately to schedule a consultation.
This article provides general information, not legal advice.
Sources:
- Stokes v. INS, 393 F. Supp. 24 (S.D.N.Y. 1975).
- 8 C.F.R. § 103.2 (2025).
- 8 C.F.R. § 204.2 (2025).
- 8 U.S.C. § 1154(c) (INA § 204(c)).
- 8 U.S.C. § 1325(c) (INA § 275(c)).
- USCIS Policy Manual, Vol. 7, Part B, Ch. 2, https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2.
