In this video, we'll talk about what happens after a second marriage-based fraud interview
that didn't go well. So, we'll explain what happens. What are the next steps on the USCIS’s
side and what you should be doing on your side as you wait for the results of that second
marriage-based fraud interview that didn't go well? Watch this video and let's talk about
it now. In this video, we're going to talk about what happens after a second marriage-based
fraud interview that didn't go well. What are the steps that the USCIS is going to take
and what you should be expecting to happen next? We have a lot of questions about this
and even a few video requests from our viewers and that's why I'm recording this video. But
before that, if you're here for the first time, I urge you to subscribe to our channel.
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So, let's talk about marriage fraud interviews. So first of all, before we talk about this
video, remember that when you go through the process of getting a green card through a
marriage, you know that you're going to have at least one interview. So, after the forms
are filed, after you did your biometrics, you will be called for an interview. That's
called the first interview. And in that interview, they’ll question you about your marriage,
whether it is bona fide, they want to see what documents you have, pictures and all
that. Sometimes, after the first interview, things don't go that well and they may need
more information. And typically, they'll tell, “Listen, go home, and we'll let you know
what happens.” And then, you’ll get a letter for a second interview. It's called
Stokes interview, second marriage fraud interview, whatever you call, it depends on where you
are in the jurisdiction. And in that interview, typically, they'll separate the couples. We've
done videos about what happens after a second interview, we can link that video here. And
it will question you about your day, they’ll question you about your life together, they’ll
cross-reference those questions as they question you separately. And at the end of that interview,
sometimes couples are not able to answer questions correctly, sometimes there's discrepancies.
And at the end of that interview, they'll bring the couple together and say, “You
know what, why did you say this? Why did you say that? We're not happy with those discrepancies.
Go home, and we'll let you know what happens we still need to review the case further.”
And this is really a very uncomfortable time because you prepared for that second interview.
It didn't go well, apparently. You're nervous, you're stressed out. I mean, these are not
very easy situations to go through, they asked a lot of questions, typically, takes about
two hours per person. So sometimes it doesn't go well. But most people, when they leave
those interviews they really don't know what's going to happen because it may take four months
or more for the government to make a decision. And so what will be the next step? So typically,
at the end of that interview, when the officer meets with the supervisor, they will make
a conclusion based on what happened in that interview, right? And so, what they'll typically
do in most jurisdictions, they'll issue a Notice of Intent to Deny the case. If approval
is not going to come. Sometimes, there's approval, but in most cases, if they don't tell you
on the spot that it was a good interview. What we're going to expect next is a Notice
of Intent to deny. And that notice, typically, what it does, it summarizes what happened
in the interview, they may refer to some of the inconsistencies and say, “You said the
house is, the garden is green and you said the garden is blue, or you said that you have
a Ford and he said, you drive a BMW. So, things like that. They're going to list those discrepancies.
They're also going to say some of the things that they noticed happen in the interview,
they say, “Wel, when I walked back into the room, he did that. And then his wife did
that. When I asked her about that, she told me a totally different answer. She said that
on Sunday, you were together the house and he said he was working.” All these things
will be listed in the Notice of Intent to deny. And then, when the notice comes to you,
or if you have an attorney, the copy will be sent to the attorney, you will have 30
days to respond to the Notice of Intent to deny. And typically, the idea is that they
want to give you another chance to at least give your feedback as to what happened in
that interview. And it's really important to plan correctly that response. Typically,
when we get a response, when we get an Intent to Deny, we'll break down the interview. We
usually take notes. And we say, “You know what? This is really actually what happened.
You think that they answered this, but they actually answered this. And here's their explanation
as to why they forgot this answer.” So, it's really important to put everything you
can into the response because even if they're denied, your goal is to avoid the determination
of fraud. There's one thing for them to deny a case because they don't believe that you
meet the standard of a bona fide marriage. But there's more, you don’t want them to
put on the record that they think it was a fraudulent marriage because there's a big,
big, big bar between just getting them not to believe or not feel that you meet the standard
or making the determination of fraud. So, you respond, and then within 60 days, they
may come back with a denial or they'll approve it. In case it’s denied, just refile or
file a motion to reconsider. But we typically recommend just to refile the case and get
a fresh start. So, this is typically what happens after the second interview. If it
didn't go well, most likely, an Intent to Deny will be sent to you. And it's really
important to prepare, respond to the Intent to Deny properly, and hopefully, will be approved,
but if not, you may just need to refile this case all over again. So, hopefully, this information
was helpful because we do get those questions often, and here, also in the comments, we
get a lot of these questions. So, I've decided just to make a video and explain their process.
So, if you liked it, give us a like, leave us a comment, subscribe to our channel. And
we'll see you in our next video.