USCIS may question spouses apart at any stage. Where the name Stokes comes from, what triggers it, what the officer decides, your rights in the room.
Reviewed by Ekaterina Fitenko, Esq. — Florida Bar #1064536. With 20+ years of experience in the legal field, she prepares marriage green card cases and couples facing USCIS interviews, in English and Russian.
A separate marriage interview, often called a Stokes interview, is a USCIS interview in which the officer questions the petitioner and the beneficiary one at a time. Its purpose is to decide whether the marriage is bona fide. USCIS has that power at any stage: the Policy Manual says it "may interview the petitioner, beneficiary, or both parties, either together or separately at any stage in the adjudication" (6 USCIS-PM B.5).
Being separated is not a finding of fraud. It means the file left the officer with a question that the paper did not answer, or that the case falls in a category USCIS sends to interview. A genuine couple can go through it and be approved, and no one can promise that outcome in advance.
This page covers only the separate interview. For the ordinary interview, see our green card interview guide, and for what to file as proof of the marriage, see our bona fide marriage evidence guide.
The name comes from Stokes v. INS, No. 74 Civ. 1022, a lawsuit in the Southern District of New York by U.S. citizens and their foreign spouses, seeking class status for couples who had petitioned through the New York District Office. "Stokes interview" is lawyers' shorthand. It is not the name of a form, and it is not a separate legal procedure with its own rule.
The January 9, 1975 opinion, reported at 393 F. Supp. 24, did not end the practice. Judge Brieant denied a preliminary injunction and left the merits open, and he also wrote that fraudulent intent "may not be susceptible of objective proof" and often depends on credibility, so that deciding it "may require greater procedural safeguards" than the regulations then provided.
The USCIS Policy Manual cites that opinion and a later order of November 10, 1976. According to footnote 87 of 6 USCIS-PM B.6, where a further interview on the bona fides is required in the New York District Office after an initial interview, USCIS gives the petitioner a written notice of the parties' rights, a separate list of rights with the appointment letter, and a list of documents to bring.
That footnote names New York only. A couple in Florida should not assume that the notices described there will arrive with their appointment. We have not read the text of the 1976 order, and we do not describe its terms beyond what the Policy Manual states.
USCIS separates a couple because something in the record needs testimony. For Form I-485, an interview is the default: "All adjustment of status applicants must be interviewed by an officer unless the interview is waived by USCIS" (7 USCIS-PM A.5; 8 CFR 245.6). For a standalone Form I-130, 6 USCIS-PM B.5 lists when an interview is required. The table below gives the spousal entries that most often lead to a closer look. As of November 2026 no primary source says every couple is interviewed separately, and the choice of "separately or together" is left to USCIS.
| What is in the file | Why it matters |
|---|---|
| Evidence is insufficient, or the record indicates the marriage is not bona fide | The first entry on the list, and the one that cites Stokes (footnote 4) |
| Material inconsistencies or derogatory information | Different addresses, dates or employers across forms, or adverse information from another source |
| Petitioner previously filed a spousal petition for a different beneficiary | USCIS looks at the earlier marriage as well as this one |
| Either spouse was party to a prior denied, revoked, terminated or withdrawn spousal petition | INA 204(c) may be in play |
| Permanent resident petitioner got status through marriage less than 5 years before filing | The law applies an extra test to the earlier marriage |
| Marriage took place while the beneficiary was in removal proceedings | Clear and convincing evidence is required (6 USCIS-PM B.6) |
| The bona fides are in question after an initial interview | The basis for a second appointment |
Living at different addresses invites questions, and it does not lose a case by itself. Under 6 USCIS-PM B.6, USCIS may not deny a petition merely because a validly married couple lives separately, since it does not judge the viability of the marriage. To determine intent at the time of the marriage it does consider the timing of the separation, its length, and whether the spouses continue to support each other and any children. A legal separation before final adjudication is different: USCIS denies the petition.
The officer is deciding one question: whether the spouses intended to build a life together at the time they married. That is the test in 6 USCIS-PM B.6, which quotes Matter of Laureano, 19 I&N Dec. 1 (BIA 1983): "whether the bride and groom intended to establish a life together at the time they were married."
The petitioner carries the burden, and the standard in an ordinary spousal case is preponderance of the evidence (6 USCIS-PM B.6). In practical terms the record must show the marriage is more likely than not genuine. A marriage entered during removal proceedings carries the higher clear and convincing standard.
Failing to prove a bona fide marriage and committing marriage fraud are different things. The Policy Manual says so directly: failure to demonstrate a bona fide marriage "does not, by itself, mean that the marriage is fraudulent." A marriage fraud finding under INA 204(c) needs substantial and probative evidence in the file, which is more than a preponderance and less than clear and convincing evidence. Once made, it bars approval of any later petition for that beneficiary (8 U.S.C. 1154(c); 8 CFR 204.2(a)(1)(ii)), with a narrow exception in 6 USCIS-PM B.6 for a new petition by the same petitioner for the same beneficiary, where the earlier evidence can still be used.
The officer tests the marriage at more than one point. USCIS confirmed in PA-2025-23 of October 17, 2025 that bona fides are examined on both Form I-130 and Form I-485, so a marriage approved on paper can still be questioned at the adjustment interview.
USCIS does not publish a script or a question list for a separate interview, and the Policy Manual does not prescribe the order of events. What follows is how we prepare clients to expect it. It is a working description, not a rule binding the officer.
Expect ordinary questions, because they are the ones that a shared household answers without effort: how you met, who proposed, the wedding, where you live, who pays which bills, what happened last weekend, who else lives in the home. No official list confirms these, and any page promising "the exact questions" is guessing.
You have the right to a lawyer. Under 8 CFR 292.5(b), "Whenever an examination is provided for in this chapter, the person involved shall have the right to be represented by an attorney or representative," who may introduce evidence, make objections and submit briefs. For Form I-485 and Form I-130 that means filing Form G-28 and bringing the lawyer to the appointment.
You may also need an interpreter, and you should say so before the day. USCIS requires an interpreter at a Form I-485 interview to present valid identification and complete an interpreter's oath and privacy release (7 USCIS-PM A.5). In general a disinterested party should interpret, although an officer may allow a friend or relative, and the officer may disqualify an interpreter (7 USCIS-PM A.5). Our page on Russian interpreters at USCIS interviews covers the rules.
You have a right to see and rebut adverse information you do not know about. Under 8 CFR 103.2(b)(16)(i), if a decision will rest on derogatory information of which you are unaware, USCIS must tell you and offer a chance to respond before deciding, subject to the listed exceptions for classified and similar material.
Do not sign a withdrawal of the petition at the office without legal advice. In the 1975 opinion, Mr. Stokes withdrew his petition during the investigation under what he claimed was compulsion, and the withdrawal became part of the lawsuit. Under 6 USCIS-PM B.6, a withdrawal based on an admission that the marriage was entered primarily for immigration purposes follows the couple: any later petition between them must include an explanation and evidence, and the petitioner carries a heavy burden.
Skipping the appointment is the worst option. Under 8 CFR 103.2(b)(13)(ii), a person who does not appear has the request treated as abandoned and denied, unless USCIS has received a change of address or rescheduling request by the appointment time and concludes it excuses the absence. Ask to reschedule before the date.
Prepare by rereading your own filing and getting the facts of your life in order. Memorizing a shared story is the wrong approach, and it is often visible: identical wording from two people can read as rehearsal, and a lie told to USCIS is far more dangerous than a forgotten date.
Do not coach the marriage. Knowingly entering a marriage to evade immigration law carries up to 5 years in prison, a fine of up to $250,000, or both, under 8 U.S.C. 1325(c), and we do not prepare a case that rests on a false account.
Three results are possible: approval, a further request for evidence, or an intent to deny or denial. The answer depends on the record, and no number of weeks is fixed by rule.
A Request for Evidence has a response date stated in the notice. A Notice of Intent to Deny has a maximum of 30 days, and additional time may not be granted (1 USCIS-PM E.6; 8 CFR 103.2(b)(8)(iv)). The date in the notice is the one that counts, so read it the day it arrives.
A denied Form I-130 may be appealed to the Board of Immigration Appeals on Form EOIR-29, filed with DHS within 30 days of service of the decision (8 CFR 1003.3(a)(2); 6 USCIS-PM B.5). Form I-290B is not the route for that appeal. A marriage petition cannot be denied as a matter of discretion, because "USCIS cannot deny these petitions as a matter of discretion" (6 USCIS-PM B.5). The Form I-485 is different: as of November 2026, USCIS memorandum PM-602-0199 of May 21, 2026 treats adjustment as discretionary, and an officer may weigh adverse factors even when the marriage is accepted.
If the spouse is not lawfully present when an unfavorable decision issues, USCIS memorandum PM-602-0187 says it will issue a Notice to Appear, and it also provides for one where fraud or material misrepresentation is found. Read the decision with a lawyer before the first deadline, not after it. Our adjustment of status page describes that work.
The first step is the intake questionnaire at fitenkolaw.com/intake. The consultation is $200 for 30 minutes, paid by card through a link before the meeting and always credited toward your fee. We hold it on Google Meet, by phone or in the office at 11555 Heron Bay Blvd, Suite 277, Coral Springs, FL 33076. Our second office at 600 Three Islands Blvd, Hallandale Beach, FL 33009 is by prior appointment only.
Our fee for a marriage case starts at $2,000 for Form I-130 only and from $4,000 for Form I-130 with Form I-485, and a complex case is priced by agreement; USCIS fees are not included. See our marriage green card page. For a consultation before an interview, bring the appointment notice and copies of everything you filed. The full fee schedule is on our legal fees page.
We take clients from other states and from abroad, and we work with them by Google Meet. No lawyer can promise an approval, and we do not. Call (305) 315-3425 or write to fitenkolaw@gmail.com.
Not by itself. USCIS may interview spouses separately or together at any stage under 6 USCIS-PM B.5, and a separate interview means the officer wants testimony on the marriage. It is not a finding. A fraud finding under INA 204(c) needs substantial and probative evidence in the record, and the Policy Manual says that failing to prove a bona fide marriage does not by itself mean fraud.
No primary source says so. As of November 2026, Form I-485 applicants are interviewed unless USCIS waives the interview, a standalone Form I-130 is interviewed in the situations listed in 6 USCIS-PM B.5, and USCIS decides whether to see spouses together or separately. The Policy Manual gives no frequency.
Yes. Under 8 CFR 292.5(b), a person being examined has the right to be represented by an attorney, who may introduce evidence, make objections and submit briefs. File Form G-28 and tell the lawyer about the appointment as soon as the notice arrives, so the lawyer can read your file before the date.
A minor difference between honest people does not decide a case, but a material inconsistency can lead to more evidence requests or a Notice of Intent to Deny. Ask to explain it at the interview. If USCIS relies on derogatory information you do not know about, 8 CFR 103.2(b)(16)(i) requires that you be told and allowed to respond, with listed exceptions.
Not merely for that reason. 6 USCIS-PM B.6 says USCIS may not deny a petition merely because a validly married couple resides separately. To judge intent at the time of the marriage it considers the timing and length of the separation and whether you continue to support each other and your children. A legal separation before final adjudication is treated differently and leads to denial.
Under 8 CFR 103.2(b)(13)(ii), the request is considered abandoned and denied if the person does not appear, unless USCIS has received a change of address or rescheduling request by the appointment time and concludes it warrants excusing the absence. Make the rescheduling request before the appointment and keep proof that you sent it.
The consultation is $200 for 30 minutes, paid by card through a link before the meeting and always credited toward your fee. Start with the questionnaire at fitenkolaw.com/intake or call (305) 315-3425. We meet on Google Meet, by phone or in the office.
This article is informational only and is not legal advice. USCIS does not publish a script for these interviews, and the description of how one runs is our working description rather than a rule. USCIS policy, form editions and fees change; confirm current requirements with USCIS before acting. Reading this page does not create an attorney-client relationship.
Fitenko Law PLLC, 11555 Heron Bay Blvd, Suite 277, Coral Springs, FL 33076 (main office); 600 Three Islands Blvd, Hallandale Beach, FL 33009 (by appointment only). Phone: (305) 315-3425. Email: fitenkolaw@gmail.com