Married a US citizen or green card holder? Be ready for tough fraud checks

Married to an American and planning to settle down in the US? If your paperwork isn't watertight, you could find yourself under scrutiny — and in some cases, face a 'Stokes interview'. Last month, the United States Citizenship and Immigration Services (USCIS) reminded applicants that marriage fraud is a federal crime, punishable by prison, deportation, and fines.

“Getting married just to receive immigration benefits is a crime and can lead to deportation, arrest and substantial fines,” USCIS said in a post on X (formerly Twitter) on March 20, 2025.

Tougher scrutiny from US immigration officers

According to a report by the Times of India, immigration attorneys are seeing more rigorous questioning and document checks, especially in consular interviews for spouses applying from outside the US. For applicants already in the country, the USCIS is reportedly reviewing adjustment of status requests more closely.

“Officers will be looking deeper... leaning into their discretion more often than they did in the Biden years. They are already spending more time verifying marriages and we are seeing an increase in requests for evidence,” said Ashwin Sharma, an immigration attorney told TOI.

Consular officers are paying attention to how the couple met, how they intend to live together, and how the relationship has been maintained. In overseas interviews, the US citizen spouse cannot attend — so the paperwork has to speak for itself.

That includes:

Evidence of how the relationship began

Proof of plans to live together

Documentation of sustained communication

Visits, photographs, family interactions

What is Stokes interview

If both partners are in the US, they must attend an in-person interview with USCIS. But if anything appears suspicious, the couple may be called for what’s known as a Stokes interview — a more intense, split-interview format.

“Basically, a Stokes interview is a special type of marriage green card interview that is usually scheduled if the immigration officer suspects marriage fraud. It's not a normal interview, and it can be nerve-wracking if you don't know what to expect,” said immigration lawyer Moumita Rahman in a video post.

The interview spans several hours. The couple is questioned together and then separately, and their responses are closely compared. Questions can get personal and detailed.

Sample questions include:

How did you meet?

Where did you go on your first date?

How many bedrooms do you have?

Who pays which bills?

When is the garbage collected?

Do you pay bills online or by cheque?

Common red flags that lead to a Stokes interview

Rahman, a New York-based attorney listed five main reasons why applicants may be flagged:

1. A large age gap between spouses

2. Inconsistent answers at the initial interview

3. Weak or missing documentation when filing

4. Any signs of tension or conflict during interviews

5. Contradictory information in public records or online profiles

Another red flag is if the couple does not live together or has lived apart during the green card process.

How to prepare for a Stokes interview

Rahman stressed that preparation is key. “Go over your history, go over your applications, discuss little things that so many people take for granted. Because, believe it or not, it doesn't matter how long you've been married, it doesn't matter how real your relationship is. Most average couples cannot answer a lot of these basic questions the same way,” she said.

She recommended reviewing all submitted documents, ensuring consistency, and avoiding assumptions that being genuinely married will be enough.

Delays and legal recourse

“Given the current landscape of immigration processing delays, couples sponsoring spouses should meticulously prepare their applications to ensure that all required documentation is complete, accurate, and submitted on time to avoid unnecessary setbacks. If delays become unreasonable, legal avenues such as filing a writ of mandamus may be explored to compel USCIS to act on pending cases. This approach can be effective in situations where applicants believe their cases have been unjustly stalled for an extended period,” said Ketan Mukhija, senior partner at Burgeon Law, speaking to Business Standard.

What counts as marriage fraud

USCIS defines marriage fraud as marrying solely to obtain immigration benefits. That includes:

Entering into a fake marriage in exchange for money or favours

Both parties agreeing to a sham marriage

Tricking someone into marriage under false pretences