April Interviews

[BB Mariposa 1]

The DS 2053 is filled out by the medical examiner. When you ask for one, they will make a photocopy for you of the completed form. This is what you need to create a health record at the State Health Department where you will be living in the United States. Otherwise, they will ask you to pay for another checkup to establish record.

Everything you NEED to pass your interview is inside the envelope. Just take that to the interview.

As for me, my wife went in for her checkup on Friday. The poor service provided at SOS clinic is something to reckon with. They could not find her previous record and her vaccination history, took them a few hours to sort things out. Now just yesterday I get this call from the clinic that the doctor wanted to see my wife a second time. We don't know why and they didn't tell us except my wife will have to come in on Monday morning.

I tell you, nothing is scarier than having a doctor call you to come in for a second visit after having given a blood test.

SPSGUY,

I was worried when there was a one day delay of the result that i'm supposed to picked up. I thought there was something wrong, but in the end, everything seemed to turn out alright. I'm not surprised that you both were scared and consider all the "what if" scenario. Glad to know it wasn't something that may hold up the process.

What I don't understand is when I asked them, the IOM staffs, for a photocopy of the form ( or perhaps I wasn't explaining them precisely), they told me that I can't obtain any copies of the medical record, but to simply give the consulate officer that brown sealed envelope on the day of my interview.

So are you telling me that without that form, I would have problems later on in the future with the Sate Health Department when i'm there? Did your wife request for the copy of that DS-2053? I'm thinking to go back to IOM, and asked them for that if I have to. I definitely don't want to repeat this medical exam process

Thanks...We have been going over all the evidence of relationship. I know we have more than enough, but i want to have more than needed so there is no question. Mhay is getting ready to call on the CFO seminar at PRISM...hopefully she can knock that out on thursday too. This week is going to be draining on me though...at least I will be pretty busy at work, but wednesday evening it will most likely drag on until I get Mhay's text to call her. There is quite a few interviews this week, so it should be a good week for everyone.

All the best in the world to you and your wife, Scott. Can't wait to hear good news from you.

Edited April 12, 2010 by BB Mariposa

[Deb+Steve 13]

Hello people - I know this is the interview thread and that's why I'm posting this Q here. Has anyone completed an I-864 for a CR2? Please PM me.

Many thanks ...

Edited April 12, 2010 by Deb+Steve

[SPSguy 18]

SPSGUY,

What I don't understand is when I asked them, the IOM staffs, for a photocopy of the form ( or perhaps I wasn't explaining them precisely), they told me that I can't obtain any copies of the medical record, but to simply give the consulate officer that brown sealed envelope on the day of my interview.

So are you telling me that without that form, I would have problems later on in the future with the Sate Health Department when i'm there? Did your wife request for the copy of that DS-2053? I'm thinking to go back to IOM, and asked them for that if I have to. I definitely don't want to repeat this medical exam process

Many people can start a new health file without problems. All you do is pay a fee to have a doctor do the checkup, and blood test but you have to pay. It's cheaper to get things done in Cambodia. The thing is when you go to the U.S, nobody knows which shots you've gotten or any detail re. your health. This form is basically a formal document stating what your health condition is and serves as the offical record for you. Thus, hospitals and clinics can use the form to start a file for you.

Since you will not be adjusting status there is no need for a second medical checkup.

Since IOM has already completed the form, the best step forward is to "ask" them what you can show to hospitals and doctors in the U.S. as a health history for you in Cambodia.

[BB Mariposa 1]

Many people can start a new health file without problems. All you do is pay a fee to have a doctor do the checkup, and blood test but you have to pay. It's cheaper to get things done in Cambodia. The thing is when you go to the U.S, nobody knows which shots you've gotten or any detail re. your health. This form is basically a formal document stating what your health condition is and serves as the offical record for you. Thus, hospitals and clinics can use the form to start a file for you.

Since you will not be adjusting status there is no need for a second medical checkup.

Since IOM has already completed the form, the best step forward is to "ask" them what you can show to hospitals and doctors in the U.S. as a health history for you in Cambodia.

I'll ask them for that when I go to IOM again this early May for another vaccination shot. Thank you so much, SPSGUY Really appreciate your help.

[SPSguy 18]

Good luck to you.

Keep in mind when coming in contact with Cambodian workers ( based on my experience ) they tend to act like they know more than you. It's almost tabboo for them to admit they don't know or might lack information. So ask them what you can show as proof in the United States vs. telling them they are wrong or attempting to rationalize your need for the form ds 2053.

Have a safe and happy Khmer new year!

[BB Mariposa 1]

Good luck to you.

Keep in mind when coming in contact with Cambodian workers ( based on my experience ) they tend to act like they know more than you. It's almost tabboo for them to admit they don't know or might lack information. So ask them what you can show as proof in the United States vs. telling them they are wrong or attempting to rationalize your need for the form ds 2053.

Have a safe and happy Khmer new year!

True I've noticed this too hehe... Thanks for your advice. Happy Khmer New Year to you and your loved ones!

[sshu 0]

We had our CR1/CR2 interview in Chennai, India yesterday (4/13/10). Our visa was approved. All documents submitted to NVC were reviewed and questions related to information we had in our application were asked. We didnt need any additional document even though we carried a lot of documents especially for bonafide relationship. The gentleman doing the pre-interview screening was very thorough and made lot of notes and patiently checked the documents from NVC. The consular interview was smooth and short with no difficult question.

Will post the interview in detail soon.

[Scott and Mhay 57]

Congrats on the approval!!! Our interview is tomorrow (in the PI it will be 15th)

[estrellademiel 7]

Congrats on the approval!!! Our interview is tomorrow (in the PI it will be 15th)

you will be in my prayers

good luck

[sachinky 464]

Sshu--Congratulations! Will be looking forward to reading your detailed review!

Scott--Aaaah, how exciting! All the best to you and Mhay!

[Scott and Mhay 57]

Yeah I'm excited, but now I am worried that I have read about the 2 different kinds of tax transcripts. I believe the ones I got are the income only ones...basically just the 1040 stuff. The NVC never looked at our AOS as far as I know....hopefully they wont want the other transcripts. Mhay does have the w-2s for the past 3 years and 2009. I just filed my 2009 taxes and e-mailed her the return from turbotax...told her to take that just in case even though they shouldnt ask for it as my AOS was signed back in feb. Well, i guess we will find out in about 20-24 hours

[Brian and Dona 0]

Yeah I'm excited, but now I am worried that I have read about the 2 different kinds of tax transcripts. I believe the ones I got are the income only ones...basically just the 1040 stuff. The NVC never looked at our AOS as far as I know....hopefully they wont want the other transcripts. Mhay does have the w-2s for the past 3 years and 2009. I just filed my 2009 taxes and e-mailed her the return from turbotax...told her to take that just in case even though they shouldnt ask for it as my AOS was signed back in feb. Well, i guess we will find out in about 20-24 hours

My wife will be going back to the embassy on the 15th as well for another interview. I am not pleased with them. In fact I have sent them several emails letting them know, and contacted the dept of state in Wash DC, my local congressman, senator and governor. I am not happy because I feel they are doing a "fishing expedition" to deny her. As a result we where place in AP.

[Scott and Mhay 57]

What time does your wife go for her interview tomorrow? This is the third one right? Yeah it sounds like they are fishing for something. Too bad you cant be there to give them a piece of your mind. Good luck though!

[Brian and Dona 0]

What time does your wife go for her interview tomorrow? This is the third one right? Yeah it sounds like they are fishing for something. Too bad you cant be there to give them a piece of your mind. Good luck though!

I think she will report there at 9am. Yeah it is the third interview. Below is the letter i sent them:

To whom it may concern:

I am writing this letter today to express my feelings on how the interview process is going on my wife Dona

She has expressed to me that you keep asking about the previous interview, in particular about a sign statement she supposedly signed in the interview in 2006. She states that you are intent to get her say something that you might use against her to deny the visa. It is clear by the evidence and USCIS approval(twice) that we do have a bona fide relationship, and not one for seeking immigration benefit.

It is my understanding that since the signed statement and consular officer’s recommendations from the previous interview where considered in the notice of intent to deny was issued by the USCIS in September 2009, and USCIS chose to reaffirm our case, and recommend a visa be issued, it can no longer be used against her in this interview. I will remind you that I have closely examined USCIS’s policies and procedures for processing cases that have been returned to them after the initial approval. And it clearly states that you have two choices and two choices only, and they are to either adjudicate the application to completion and grant the visa, or find NEW evidence that HAS NOT been previously submitted, considered and disclosed. I will reiterate that the previous interview’s documentation has already been disclosed to USCIS when you returned it for further review or possible revocation. And USCIS reviewed your findings and documentation from the previous interview, and the USCIS reaffirmed our petition because of my overwhelming evidence that our relationship is in fact true and bona fide, and that documentation overcame all of the derogatory information that was disclosed.

I understand that just because the USCIS reaffirms our petition, that does not guarantee a visa, but it makes our case even stronger. I have had more than three years to stew over this, three years to do my research and know the procedures that are in place because USCIS is being overwhelmed by cases being returned to them from the consulates for not considering the burden that comes with returning cases. I know that in recent years USCIS is getting tired of getting cases back to them for no just cause, causing lost man power and resources.

I would like to inform you that I have not taken your misconduct during Dona’s interview lightly. I have emailed you the specifics, copies of USCIS procedures for processing returned cases, the latest one is dated April 9, 2009. I find that since you know what the procedures are, and are trained professionals your misconduct is unprofessional, unethical and tasteless. You knew full well that you can no longer use any information that USCIS is already aware of and over ruled by my evidence, but you did it anyways. I would like to inform you that I find your interview tactics of being a “fishing expedition” to find something to fail her on is completely out of line and will not and shall not be tolerated. Because of matters like this, I have reported the incident to the Department of State in Washington DC, my state senator, congresswoman, and governor, and I plan on escalating this matter to the highest levels possible.

The fact is, our petition was sent back in 2006, sat in USCIS’s jurisdiction for two years, and a notice of intent to deny(NOID) was issued and my rebuttal evidence, your recommendations and objections where all considered, and our case was reaffirmed in September 2009. And we are both still here. If this was a relationship of convienence, at least Dona would of moved on and try to seek another United States citizen to get her into the states, but that is not the case. We both have spent a lot of money, time and effort into our relationship, that sure doesn’t sound like a marriage of immigration purposes. Please think about that before you think that Dona is trying to “cheat” the system.

For your reference, I have included the information on USCIS’s policies and procedures for processing returned petitions that USCIS has reaffirmed..

Immigrant Visa Petitions Returned by the State Department Consular Offices

An approved immigrant visa petition may be revoked by a U. S. Citizenship and Immigration Services (USCIS) officer authorized to approve such petitions.

Reasons for Revocation

When USCIS has previously approved an immigrant visa petition, the U.S. Department of State (DOS) may grant a family-based or employment-based immigrant visa to the petition's beneficiary and qualified derivatives. A petitioner is defined as the family member or employer (or the employer's agent) who submitted the petition to USCIS. A beneficiary is an alien family member or employee who will seek admission to the United States upon approval of the petition and issuance of the appropriate visa from DOS. 

The most common types of immigrant visa petitions are the Form I-130 (Petition for Alien Relative) and the Form I-140 (Immigrant Petition for Alien Worker).    Either of these petitions may be revoked at the discretion of USCIS upon notice or, under certain prescribed circumstances, automatically. See 8 CFR 205.1 (listing appropriate grounds for automatic revocation), 8 CFR 205.2 (revocation on notice); see generally INA section 205 (specifying that revocation of immigrant visa petitions is discretionary).  

If a DOS consular officer discovers during the course of a visa interview that the underlying petition should not have been approved, or is no longer approvable, the petition may be referred back to USCIS.  In such cases, the returned petition should be accompanied by a memorandum explaining the reasons the approved petition should be revoked. Once returned, a USCIS officer will review the petition and DOS's findings, and may either:

Find that the petition is not revocable and return the petition to DOS with an explanation of the decision not to revoke the petition;

Issue a Notice of Intent to Revoke to the petitioner; or, if warranted,

Issue a Notice of Automatic Revocation to the petitioner.

Revocation

In certain instances, such as the death of the beneficiary or the petitioner, or termination of registration under INA section 203(g) (failure of the alien to timely file an application for an immigrant visa petition), an approved petition or self-petition is automatically revoked as of the date of approval. See 8 CFR 205.1. If USCIS is aware of such circumstances, USCIS will send a notice of the automatic revocation to the consular office having jurisdiction over the visa application, with a copy to the petitioner¿s last known address. 

In other instances, the approval of an immigrant visa petition may be revoked upon notice ("revocation on notice") by issuing a Notice of Intent to Revoke (NOIR) to the petitioner. See 8 CFR 205.2. The NOIR will explain the reasons the approved petition should be revoked and will give the petitioner a reasonable period of time to submit evidence to show why the petition should not be revoked. The petitioner must respond within the time allotted. An extension may be granted at the discretion of USCIS if the petitioner needs additional time to obtain documentation from abroad or for other meritorious reasons; however, the petitioner must respond in a timely manner to the NOIR by the stated deadline, and provide a reason for requesting the extra time.

Decision on Revocation

If, based on the evidence received, the USCIS officer determines that the approval should not be revoked, the petitioner will receive a notice advising of the decision to reaffirm the petition. The petition will be returned to DOS's National Visa Center (NVC) for shipment to the appropriate consulate with the USCIS letter of reaffirmation, a copy of the letter of intent to revoke and the petitioner's response. The NVC will then forward the petition to the consular office. The consular officer may accept the petition as valid and adjudicate the visa application to completion, or present to USCIS new evidence that was not previously considered. In the latter case, USCIS will determine whether such evidence supports revocation of the petition.    

If the petitioner does not overcome the basis for the revocation, or fails to timely respond, adecision of revocation will be issued to the petitioner on Form I-292. The petitioner may file an appeal on a decision to revoke a petition just as if the petition had been denied originally, except that the authorized period for filing the appeal is only 15 days regardless of the type of petition. See 8 CFR 205.2(d).  Most courts have determined that a final decision by USCIS to revoke an immigrant visa petition is not reviewable.

What the beneficiary should expect

When a consular officer returns an immigrant visa petition to USCIS for reconsideration and possible revocation, he or she will typically deny the visa application on the basis of INA section 221(g) (temporary refusal of immigrant visa), pending USCIS review of the returned petition. The consular officer may also deny the visa application on another basis, if appropriate. If USCIS later reaffirms the approval of the petition, USCIS will send the petition back to DOS, at which point the consular officer will either accept the petition as valid and adjudicate the visa application to completion, or present USCIS with new evidence that was not previously considered.  When a DOS consular officer denies an immigrant visa application, he or she will provide the beneficiary with a refusal letter listing the section of law under which the visa was refused

Thank you,

source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=6b3e9c337879d110VgnVCM1000004718190aRCRD&vgnextoid=aa7e89ce45c80210VgnVCM1000004718190aRCRD

[sachinky 464]

APRIL INTERVIEWS:

(04/12/2010) BrianandDonna --- Administrative Processing, called for third interview on 04/15.

(04/13/2010) Sshu -- Approved!

(04/13/2010) Ananthu -- Approved!

(04/15/2010) ScottandMhay

(04/19/2010) M&ME

(04/26/2010) SPSGuy

(04/26/2010) CP2009

(04/27/2010) Lashbanda

Good luck, folks!