The IRS Deductions Blog

Archive for January, 2009

A stokes interview happens primarily in marriage based immigration cases. Very often, U.S. Citizens sponsor their spouses for Permanent Residence to the United States. Upon submission of the documents, the USCIS office forwards an interview notice to the parties to come in for an interview. The interview letter from Immigration clearly describes the documents which the married couple has to get to the interview. For example, the interview letter states that the couple should get all the joint documents to the interview.

On the date of the interview, the couple has to demonstrate to the USCIS officer that they intent to establish their life together. To put it in another way, the couple has to convince the USCIS Officer that the intent of the marriage is not to circumvent the immigration laws of the United States. At the interview, the USCIS Officer makes a determination regarding the validity of the marriage as well as other issues pertaining to the good moral character of the beneficiary of the green card. If the Immigration Officer is not convinced with the statements made by the couple at the interview, the Immigration Officer has the authority to schedule the couple for a second interview which is commonly known as the Stokes interview.

A stokes interview is a very difficult interview and it is a good idea for an individual to seek legal help in such situations. This is because if the couple fails the Stokes interview and if the immigration officer makes a determination that the intent of the couple was to circumvent the immigration laws in order to obtain a green card, the beneficiary of the petition can be permanently barred from obtaining the green card.

During the stokes interview, the couples are separated by the immigration officer and are separately questioned in detail about their relationship, relatives, employments, travels etc. If the answers of the couple properly match perfectly, then the officer will approve the I-130 petition. However, if the answers do not match and if the officer makes a determination that the marriage between the parties is fraudulent, the Immigration Officer has the power to arrest the parties and commence deportation proceedings against the beneficiary.

Very often, couples think that they are happily married and they have nothing to worry about their immigration interview. This statement may not hold true on all occasions. This is because the burden of proof in on the married couple to show by means of preponderance of evidence that they intend to establish their life together.

In essence, if you are confronted with a second interview (stokes interview) by immigration, it would be a good idea for you to be extremely well prepared in order to avoid serious consequences such as deportation.

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Question: Question about tax, accounting= itemized deduction ??

Hi friendly folks,

Customs duties and city dog license fee are nondeductible fees because it is personal. I heard you can deduct CPA preparation fee as itemize deduction subject to 2% AGI but why Legal fee for preparation of someone’s will is not deductible?

Are there any Legal Fee Deductible?

Answer: Legal fees for preparing someones will is considered a personal expense and is not deductible. The key word is personal. Like commuting expenses are not deductible because they are personal in nature. But going from one job to another in the same day is a deductible expense, because it is not considered commuting, per se.

Legals fees which are deductible usually deal with a part of the IRS code which talks about protection and conservation of income.

You can deduct legal fees related to doing or keeping your job.
Legal fees related to producing or collecting taxable income or getting tax advice.
Tax advice fees. ( If a bill is for legal fees , where a portion is allocated towards tax advice fees, usually designated on the attorneys invoice_)

Hope this is useful information.

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