Not going to stokes interview!

[murodil78 0]

Hello, I try to make it short. Have you guys ever heard of such case, if petitioner and beneficiary doesn't show up at the stokes interview, is it possible to achieve legal status again.

Because, I was told by my lawyer it's possible. I am kinda confused cause some of them say impossible! Please help! I have just few days till interview.

[Channah&Aaron 51]

; When the CO thinks things are fishy, some couples may have to go thru a Stoke Interview.

IF a stoke interview is scheduled on a different date, you should attend the interview.

Well, if you don't want to proof them wrong, you should not go and you won't have a chance to receive a VISA after all. They don't set up an interview date for nothing, and it's not true that people have the choise whether to go or not. The CO's have better things to do than wandering if people show up or not.

Good luck to your interview, if you are well prepared, have all the forms/documents/proof then you shouldn't worry about being "stoked".

[payxibka 10,045]

Hello, I try to make it short. Have you guys ever heard of such case, if petitioner and beneficiary doesn't show up at the stokes interview, is it possible to achieve legal status again.

Because, I was told by my lawyer it's possible. I am kinda confused cause some of them say impossible! Please help! I have just few days till interview.

theoretically possible.... however dependent on your situation, if your current application is denied I am certain an order for your removal will be issued, and gaining legal status without a departure will be almost impossible.

you don't provide many facts about yourself and any answer here could have a devastating effect on your situation because they are based on generalizations... so beware

Edited June 28, 2011 by payxibka

[JimVaPhuong 4,863]

Hello, I try to make it short. Have you guys ever heard of such case, if petitioner and beneficiary doesn't show up at the stokes interview, is it possible to achieve legal status again.

Because, I was told by my lawyer it's possible. I am kinda confused cause some of them say impossible! Please help! I have just few days till interview.

Pin your lawyer down and find out exactly what they intend to do to resurrect your status if you don't go to the Stokes interview. Don't let them try to pacify you with stuff like "Don't worry, I'll take care of it." This is critically important. If you don't show up at the interview then your application for adjustment of status will be denied.

[belinda63 3,039]

So why would your attorney believe if you miss the Stokes interview that if you refile sometime in the future it will be easier? I would think this would send up giant red flags that the marriage is fake and you were scared to attend the Stokes interview because they would find out you were fake.

If you miss the interview normally you will be sent a denial letter giving you 30 days to voluntarily depart the country. If you fail to leave you will be out of status and subject to deportation.

So what would be the benefit of missing the interview?

[Eric-Pris 1,607]

It may be possible, but so is winning the lottery. What are the chances of that happening?

Why would you think missing a stokes interview which is scheduled only because they suspect fraud would ever be a good thing? Think about it, by missing it, you're pretty much confirming their suspicions and basically giving up and packing up.

[prep.mac 7]

It may be possible, but so is winning the lottery. What are the chances of that happening?

Why would you think missing a stokes interview which is scheduled only because they suspect fraud would ever be a good thing? Think about it, by missing it, you're pretty much confirming their suspicions and basically giving up and packing up.

HI everyone!

I am new (about a week old here) so pardon me if this may sound naive but what is a "stokes" interview? We have our initial interview (AOS) set on July 25, 10 am in Indianapolis.

Thanks all!

prep.mac

[ceadsearc 516]

HI everyone!

I am new (about a week old here) so pardon me if this may sound naive but what is a "stokes" interview? We have our initial interview (AOS) set on July 25, 10 am in Indianapolis.

Thanks all!

prep.mac

A Stokes interview is a second interview some couples must attend, generally because USCIS is suspicious of their marriage. The couple is usually (if not always) split up and questioned separately.

[prep.mac 7]

Oh..ok..thanks for the info...no stokes pls!ha!

prep.mac

10/2009 - met online

11/2010 - came here on B1/B2 visa

12/2010 - first meeting in person in Chicago, IL

03/2011 - moved in with him in IN

4/25/11 - got married in Mitchell, IN

5/02/11 - sent AOS packet (I-130/I-485/I-765) to Chicago Lockbox

5/04/11 - AOS packet received by Chicago Lockbox

5/23/11 - Received NOA for RFE (I-693)

5/27/11 - Sent RFE to DHS Lee's Summit, MO

6/02/11 - DHS Lee's Summit received REF reply

6/06/11 - Biometrics done at Louisville, KY as per NOA schedule

6/24/11 - Received NOA for July 25 interview in Indianapolis

6/30/11 – Received text and email messages EAD card on production

[HeatDeath 430]

Stokes interviews are pretty much only ordered if the immigration officer has a very strong gut instinct that the relationship is fraudulent, and needs an "objective" reason for the denial. Stokes interviews are as clinically objective as they come: the couple is split up, and each person is asked the same list of several hundred [occasionally VERY personal!] questions. If the two people are in substantial agreement on a certain percentage of answers, they pass, and are approved. If they are even one disagreeing answer above the (unpublicized, secret) threshold, they are denied.

If you find yourselves called to a Stokes interview, things have already gone badly wrong. There are immigration lawyers who will help you with Stokes interview preparation and training, and that is several hundred dollars VERY well worth spending. If you go to a Stokes interview without major preparation, you will almost certainly get denied, and appealing/recovering from that is very difficult, if it is even possible at all!

I have NO idea what kind of bizarre legal voodoo the OP's lawyer has in mind, but skipping a Stokes interview will virtually certainly result in an immediate, automatic denial, with (as was said above) MASSIVE red flags attached automatically to any future petition or appeal attempt. In your shoes, I would get a VERY detailed description of his plan of attack, and then I would get a second (and maybe third) opinion. And then I would fire him. Because I don't see any possible way (in my reasonably educated opinion) that skipping an interview could ever be a good move!

Edited July 1, 2011 by HeatDeath

[prep.mac 7]

Stokes interviews are pretty much only ordered if the immigration officer has a very strong gut instinct that the relationship is fraudulent, and needs an "objective" reason for the denial. Stokes interviews are as clinically objective as they come: the couple is split up, and each person is asked the same list of several hundred [occasionally VERY personal!] questions. If the two people are in substantial agreement on a certain percentage of answers, they pass, and are approved. If they are even one disagreeing answer above the (unpublicized, secret) threshold, they are denied.

If you find yourselves called to a Stokes interview, things have already gone badly wrong. There are immigration lawyers who will help you with Stokes interview preparation and training, and that is several hundred dollars VERY well worth spending. If you go to a Stokes interview without major preparation, you will almost certainly get denied, and appealing/recovering from that is very difficult, if it is even possible at all!

I have NO idea what kind of bizarre legal voodoo the OP's lawyer has in mind, but skipping a Stokes interview will virtually certainly result in an immediate, automatic denial, with (as was said above) MASSIVE red flags attached automatically to any future petition or appeal attempt. In your shoes, I would get a VERY detailed description of his plan of attack, and then I would get a second (and maybe third) opinion. And then I would fire him. Because I don't see any possible way (in my reasonably educated opinion) that skipping an interview could ever be a good move!

Heatdeath,

Thanks for the detailed info you posted. This is certainly something we hope not to be invited to. Still this gives the couple a window to present their case.

If there is nothing to hide, I think the concerned must attend the stokes interview.

Sure wish them the best.

prep.mac

My timeline:

I-130 Petition for 3 yr old Stepchild

6/25/11 - Sent I-130 packet for stepchild

6/28/11 - Received text and email messages stating USCIS received it and moved case to CSC for processing