Interview Waivers Are No Longer Available

During the Biden administration, USCIS exercised broad discretion to waive in-person interviews for marriage-based adjustment of status cases. Many immigration attorneys noted a marked increase in interview waivers for well-documented marriage cases. Unfortunately, that practice has ended. Under current policy, every couple must appear at a USCIS field office regardless of how complete or strong the file is. For couples across the United States (including Orlando and the Central Florida area), the in-person appointment is now mandatory, with no exceptions.

What Officers Are Examining

The legal standard has not changed. USCIS must still determine whether the marriage is bona fide under a preponderance of the evidence. What has changed is how thoroughly and skeptically that determination is being made.

Social media screening and background checks are a standard part of pre-interview vetting, and the file an officer reviews is not limited to what the couple submitted. At the interview, officers examine the entire relationship through questioning, document review, and comparison of the couple's answers. Importantly, there is no set template that an officer must follow. They are free to ask about any aspect of the relationship that interests them.

What Triggers Additional Scrutiny

Florida immigration attorneys have identified the following factors as most likely to result in a Stokes interview referral, a Request for Evidence (RFE), or a denial:

• Differing answers regarding relationship history, living arrangements, or daily routines during the initial interview.
• Limited documentary evidence.
• A short courtship before marriage, particularly when combined with limited cohabitation evidence.
• Inconsistent addresses across forms, including the I-130, I-485, and supporting documents.
• Social media activity inconsistent in timing or geography with what the application describes.

None of these factors is automatically disqualifying. Each one gives an officer a reason to look more closely, and a file that does not anticipate that scrutiny is harder to defend at the interview.

The Stokes Interview

Sometimes USCIS does not make a decision after the first marriage interview. Instead, the agency can schedule a second interview where the couple is separated (known as a Stokes interview), usually when the officer believes parts of the relationship timeline, living arrangements, or testimony still do not fully add up. In some instances, the Stokes interview may occur right off the bat.

In a Stokes interview, the spouses are separated and asked the same questions about their shared life. Officers compare the answers for inconsistencies. The process can last several hours. A Stokes interview is not a finding of fraud. It is a sign that an officer has heightened suspicions and wants more information before making a decision.

Preparing Before the Appointment

The most consistent advice from Florida immigration attorneys in 2026 is to treat the interview as something to actively prepare for, not simply appear at. Both spouses should review the full application package before the appointment and be able to speak to the same factual record. A relationship kept private from family, a cohabitation gap due to employment, or an address discrepancy are best addressed proactively in a cover letter at filing than left for an officer to interpret at the interview.

A Higher Bar, Not an Impossible One

Marriage-based interviews have become tougher in 2026. USCIS officers now approach many cases with a level of scrutiny that applicants did not necessarily encounter in prior years, especially in larger field offices. That does not mean genuine couples should panic. The strongest cases are usually those in which the couple has already thought through the difficult questions before the interview even begins. Having an immigration attorney to help you prepare ahead of time is increasingly recommended, especially after USCIS’ May 2026 announcement positioning adjustment of status as a form of “extraordinary relief.”

If you have questions about the marriage-based green card interview process or how current USCIS policy affects your case, contact Mubarak Law. Our immigration attorneys are available 24 hours a day at (407) 502-3000. You can also submit your information using the online form on this page, and a member of our team will respond promptly.