Rio Consulate said *I* need to be at interview!

[keithokeplinger 0]

My Brazilian fiance had her K-1 interview at the Rio de Janeiro Consulate today. She has lived in the US for a total of 12 years having made 2 trips, the first ending before 1997, the second from 2001-2005. I am the petitioning US citizen.

In short, the Rio US Consulate required two additional things of her:

1) They required her to show evidence that she changed her status (from a visitors visa to a student visa) for her second stay in the US. She has contacted the college where she was a student so it can search for such evidence - filed away somewhere. However, if they can't find adequate documentation, how does one petition USCIS to provide proof of the application and issuing of the student visa?

I thought the US Consulate (State Department) could certainly check these records themselves, but no, the alien fiancee must furnish them.

It is my understanding that an alien fiance is not required to show proof of being in the US legally, if the stay was prior to April 1997. (In any case, no unlawful time in the country before this date counts against the alien fiancee.)

2) They told her that I (the sponsoring US citizen) will need to be at the next interview! in Rio! I have never heard of any such requirement. Is this unusual? Do I have any recourse? I am surprised to say the least. We have met all the requirements and provided all the documentation, so why do I need to be at the interview with her? This is a rather onerous financial imposition.

[Darnell 8,478]

is unusual.

be prepared for a mini-stokes interview.

[Boiler 45,670]

Unusual but not unheard of.

She should have the documentation, did she do it herself or employ a Lawyer?

The first trip, when, how long and on what visa type.

Edited February 22, 2014 by Boiler

[Dave&Roza 748]

I agree with Darnell that you should prepare for a Stokes interview where they will test the validity of your relationship. The CO must feel that your fiancée is using you to return to the US and obtain a GC thru marriage. Make certain you know every little detail about her life and she knows everything about yours before you set foot in Brazil.

You should also understand that the burden of proof for anything during this process is on you. If the USCIS said you left the country before receiving your GC, it is up to you to prove that you did not actually leave. If the USCIS wants you to attend an interview in Brazil, it is up to you to find a way to travel to Brazil and attend the interview--you are playing in their sandbox with their rules.

Good luck,

Dave

[menina 50]

Rio is starting to request that the fiance be present. I have seen several cases lately where this has happened. I'm not sure if it relates to the other request for her to prove she had a student visa, but I would recommend that you attend the interview. I've heard of at least one IO who has pre-approved people pending the appearance of the American fiance. Good luck!

[Rebecca.V 24]

I hope this is not a trend.. I cannot afford another trip to Brazil!!!

[TBoneTX 45,536]

*** Thread moved from K-1 Process forum to the Embassy/Consulate forum -- topic involves that phase. ***

[Paz_Tranquilidade 61]

Unfortunately, Brazil is turning into a high fraud country. (Unfortunately, I have heard of many stories about Brazilians in the US who obtained their green cards through marriage... and it wasn't the "right way" either! I think that the consulate is starting to catch on to this. People come over on tourist visas or on visitor exchange visas as nannies and change their statuses to student in order to avoid going back until they find an American victim boyfriend who marries them, or pay someone to marry them.)

It appears the consulate is catching on.

This is my worry, too, even though I am an IR-1 filer. I am debating whether or not to fly down for the interview (which I have a feeling will fall during the world cup). Unfortunately, we who have real relationships must pay for ####### that others do.

Edited February 24, 2014 by Paz_Tranquilidade

[Boiler 45,670]

With the coverage of the World Cup and the 'issues' hardly surprising many want out.

[StefaneAndThomas 0]

I'm sorry to hear that. I'm from Brazil and unfortunately it's normal :/