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Is a second I-130 interview always a Stokes interview?

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  • Is a second I-130 interview always a Stokes interview?

    I am a US citizen and filed an I-130 for my wife in Nov 2017. We live in Los Angeles. Had an interview in Oct 2018. Had not heard anything after that. So, we sought help from my local US Congressperson a month ago. Got a letter from Immigration today setting up an interview - i.e. a second one.
    The appointment letter asks for ID and (non-specific) documents proving our marriage. It does not mention the first interview. It does not say this is a Stokes interview. I read that "The origins of the Stokes interview can be found in the federal district court decision of Stokes v. INS. Under this case, when an immigration officer questions the validity of a marriage in an I-130 spouse petition, the applicant must be provided with a written notice describing the rights of the parties involved, a separate attachment of the list of rights with the appointment letter, and a list of what documents to submit at the time of the interview, such as bank statements, pay stubs, ...
    Is this second interview a Stokes interview?
    During the first interview, they talked with my wife only. When they were done, they told us to go home. That is, they never talked to me.

  • #2
    In case anyone is interested, my wife and I completed the interview and my I-130 was approved a week after. Some posts said their Stokes interviews were videotaped and they were put on notice their civil rights, but nothing like those happened to me. We did take the oath saying that we were telling the truth. And we were separately interviewed. The officer was not hostile. He did not say whether it was a Stokes/fraud interview. We did not ask a lawyer to come with us, just an interpreter for my wife. The questions included: When and where did you meet? What are the names of your spouse's parents? How old are they? How many siblings does your spouse have? When and where did you get married? Which day of the week does the trash collection truck come? When you look up from your kit chen sink, what do you see? Where is our bedroom in the house? Where is the closet? What do you have on the two sides of your bed? Lamps on both sides? Where do you put your keys when you come home? What breakfast did you have this morning? Where do you do grocery shopping? What did you do on your last birthdays? When and where was your last vacation? What cars do you have? Where do you park them? Each of us spent about 20 minutes with the officer.
    Last edited by hzmonte; 05-29-2019, 10:38 PM.

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    • #3
      Congrats man.. you got it a bit hard with two AOS interviews but happy it is all good finally..
      I just have my interview today in San Diego.. VO told us to keep an eye on the mail box for the physical card.. no update on USCIS site yet.. Could you share what happened in your case?

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      • #4
        Originally posted by gautamk85 View Post
        you got it a bit hard with two AOS interviews .. Could you share what happened in your case?
        It was an I-130 interview not an I-485 (Adj of Status) interview. We have not filed the I-485. My wife filed an asylum case which was administratively closed. Therefore we need to do it in three separate steps, though Steps 2 and 3 can be combined according to my lawyer: 1. Get I-130 approved 2. Re-open the asylum case with the judge and have it permanently terminated 3. Get I-485 approved. What else do you want me to share?

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        • #5
          Ok great, By AOS I meant Adj of status which is I-130, I was asking about how long it took for you to get your card.. by the way, my USCIS account now shows card being produced.. I think it will just take couole
          more days for my card to arrive.. so I am good..congrats again

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          • #6
            Originally posted by gautamk85 View Post
            Ok great, By AOS I meant Adj of status which is I-130,
            Adjustment of Status (AOS) is I-485; I-130 is Petition for a Relative. Look at the titles of the forms.

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