Adjustment of Status - I-485

I just had my "Stokes" (separated) interview after I filed to Remove Conditional Status (i-751) on my marriage-based green card (filed 2 years ago, it took forever!), and wanted to share my experience with all to whom it may concern….

Timeline:
* Filed i-751 in March 2017
* Biometrics in August 2017
* Green Card expired and received a passport extension stamp in July 2018
* RAE in September 2018
* Interview appearance scheduled in January 2019 (we expected this to be “Stokes”, but it only lasted 5 min)
* “Stokes” interview appearance scheduled April 2019
* 2 days later online case status changed to “card on its way"

Our situation was a little tricky, lacking in documents. Me and my husbands are the artsy types, who have always lived our life off the societal radar and our financial footprint on paper was close to none - hence we were lacking all the usual “proof of financial commingling” documents. However, we had plenty of Affidavits, travel itineraries, and photos from different trips and countries. When we had our initial interview after applying for a conditional green card, it went smooth because our case worker was young and open-minded, and assessed that we simply have a different lifestyle. After that time, we were not as lucky.

Further complications came as we spent 8 months living in Europe; additionally, we also separated (not legally) a year before the “Stokes” interview was even scheduled. At first we tried to conceal life abroad as well as separation, but eventually had to get a lawyer (never used a lawyer until then). Turns out, spending 8 months abroad is not a big deal (something something law talk) and being separated is not an issue in the eyes of law. Money well spent on the lawyer! Turns out the only thing you have to prove to USCIS is that “marriage was entered in good faith”, whereas how we live our lives now, whether together or not, do we still have sex or not, etc., is irrelevant, as long as there are hopes of reconciliation.

The “Stokes” interview. As we are waiting for our name to be called, I observe different case workers come and go - all politely smiling, introducing themselves, shaking hands, inviting applicants to follow them. Then comes our asshole. The lawyer warned that this officer is arrogant, and has trouble with accepting any type of relationship or even lifestyle, which is not conventional. Without any pleasantries or introductions, he calls for my husband to go with him. After an hour, he releases my hubby and calls me in. He instantly opens up the interview with an open-ended question: “So tell me about your life together”. I was so thrown off guard, that I responded: “Really? You’re asking me an open-ended question?”. All the preparation we’ve done, and sure you will be doing as well, went down the drain. There were no questions about which side of the bed he sleep on, his mother’s name, where did you celebrate last Christmas - none of that. He just kept asking vague questions, you could see him judging hard, thinking he has a PhD in psychology and can see right through people. The officer concentrated extensively on our time after separation, which shouldn’t have concerned him. Eventually, the lawyer had to step in, and on one occasion respond to officer’s comment: “That’s a little cynical, don’t you think?”. Eventually, he got us all together in the room. Played all unapproachable and full of doubt; he wondered out loud if we even have a lease agreement submitted to USCIS, to which I shockingly said: “Yes, we did submit it, it’s in the file in front of you, I can see it”. In the end, the lawyer had to step in again and bring some past cases to the officer’s attention (Something like “John Doe vs. State of California” or something), and read some quotes from the judge ruling about how laws is concerned with entering the marriage in good faith, not what happens after that. The officer had to submit to that statement, although it caused his Ego visible discomfort. In the end, the officer hesitantly said that he needs to look through our file again, some time this week maybe, or who knows when…

As soon as we left the building, the lawyer said that our case might get denied just because the guy was a power-tripping imbecile; but gave us plenty of reason and proof to believe that we would win the case in the court of law. I also did a lot of legal research on my own, and at that point wasn’t worried anymore - just really angry wondering how much more will this ordeal cost me.

2 days after the interview I checked my case status online and could not believe my eyes when I saw that my green card is being processed and will be shipped to me shortly. Justice prevails. Uncle Sam, I’m coming for you!

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I know that this is not a scenario you’d like to hear about before your “Stokes” interview; but it happens. Get a lawyer, and if you are honest about your relationship, if you truly entered it in good faith, you will win - either in the USCIS office or in court. The bracket for passing as “legitimate marriage” in immigration court is actually very low (unlike “beyond reasonable doubt” in criminal law). Having a lawyer was very helpful - he only said a few things during the interview, but they were dead on point, and all the money’s worth. Don’t stress out too much; be calm knowing that the truth is on your side.

If you have any question for me, I’m happy to answer them. This forum helped me a lot when I was loosing sleep over my situation; and I’d love to return the favor.