IR-1 Interview in Warsaw - What are Our Chances ? Please Help

[peterlavilla 1]

Howdy Folks - I am a US citizen currently living in Poland with my Polish wife. We have been together for 16 years now , but we only got married two years ago here in Poland. Over the years my wife has traveled on tourist visas to the US, because she never wanted to immigrate there. But she overstayed her visa back in 2003, and she had to withdraw her application at the POE in 2004 and they sent her back to Poland. Right after she reapplied for a B2 tourist visa, they gave it to her for 3 months. She traveled without overstay. Then another B2 good for 2 years, again she used it legitimately . And finally , the last B2 she traveled to the US in 2010 , but she extended it for an additional 3 months - so she legally stayed for 6 months. Then when she applied for a new B2 they denied her because she extended her visa ( even though it had been approved) , and she explained the nature of her travel was because of our relationship - so they absolutely refused to ever give her another tourist visa to travel with me to the US

Over the years I have moved my life from the US to live with her in Poland. I have been spending time with her here since 2003 and I moved permanently here in 2010 when she was denied her last B2 visa. So we decided to try to resolve the problem by getting married in Poland. We got married back in February of 2014 , so a little more than 2 years now . We retained an immigration lawyer to petition and file for the I-130 IR-1 spousal visa , back in October 2014 , and after a long expensive and arduous process we are about to have our interview at the US consulate in Warsaw on August 31.

I had to find a co sponsor for the affidavit of support, because while I do file with the IRS, my past 3 years of income are in Poland, so I don't earn enough money to sponsor my wife (gotta love America) . I'm 46 years old, and finding a co sponsor was not so easy because I have no surviving family .

I was also shocked to find out that I am not allowed to be present during the interview - I find this appalling , seeing as with most cases the spouse is waiting back in the US, where as I live here in Poland with my wife , and I though the whole point of this is to assure a bona fide marriage and legitimacy . But okay.

My wife will be prepared with : her letter of invitation, her birth certificate, her medical, her police report, the co sponsor affidavit of support plus past 3 years IRS and letter of employment , the proof of payment for the visa, her past passports along with the visa extension approval - she will also have evidence of her masters degree thesis which was the reason she extended

She will have joint bank statements and contracts that show we have lived at the same address for several years

She will have all of my plane tickets dating back to 2004 that show my travel to Poland, plus a photo album of our pics in chronological order plus cards and love letters from 2000 to our wedding and our honeymoon in Thailand

She will have my tax returns, and a letter of employment for me to start work at a good wage from a certified employer. She will have my declaration of domicile in the US

And finally, she will have a hand written letter delivered certified mail from my 74 year old mother addressed to Whom it May Concern please let my daughter in law live with my son in America because I am not getting any younger

So I ask anybody out there, is there anything more that we should do or prepare for ?

I have the feeling that this experience is not going to be any different than her B2 tourist interview, where the Consular Officer won't even look at most of the documents and denies her on an arbitrary basis in spite of spending thousands of dollars preparing our case .

I am still blown away that I am not allowed to attend the interview.

What are our chances of approval ? Any feedback ?

Edited August 19, 2016 by peterlavilla

[JFH 12,189]

You're quite right that the CO will barely glance at the suitcase full of stuff she is bringing with her. She will need the originals of the civil documents and translations if required by the embassy. She will need the affidavit of support financials, medical and passport. Plus the confirmation of the DS-260.

I'll say it's about 99% certain that they won't look at her plane tickets from 2004 and your love letters from 16 years ago. But who knows? Strange things happen at embassy interviews.

No one can say whether your wife will be approved or not except the CO who interviews her on the day. Every case is different. Just because Bob and Sally were approved last week, doesn't mean you will. And if Fred and Susan were denied last week, doesn't mean you wil either. Be glad that each case is adjudicated on its own merits.

Since you have been living together for many years I really don't think you have any obstacles to overcome in terms of bona fide relationship.

Have you checked the embassy reviews here for Warsaw to read of others' experiences? They can be helpful but don't take them as a prediction of what will happen to your wife on the day.

[JFH 12,189]

*~*~* moved from "CR-1 spouse visa process and procedures" to "embassy and consulate discussion" as question relates to general advice on preparing for interview and what to bring, etc*~*~*

Edited August 19, 2016 by JFH

[peterlavilla 1]

You're quite right that the CO will barely glance at the suitcase full of stuff she is bringing with her. She will need the originals of the civil documents and translations if required by the embassy. She will need the affidavit of support financials, medical and passport. Plus the confirmation of the DS-260.

I'll say it's about 99% certain that they won't look at her plane tickets from 2004 and your love letters from 16 years ago. But who knows? Strange things happen at embassy interviews.

No one can say whether your wife will be approved or not except the CO who interviews her on the day. Every case is different. Just because Bob and Sally were approved last week, doesn't mean you will. And if Fred and Susan were denied last week, doesn't mean you wil either. Be glad that each case is adjudicated on its own merits.

Since you have been living together for many years I really don't think you have any obstacles to overcome in terms of bona fide relationship.

Have you checked the embassy reviews here for Warsaw to read of others' experiences? They can be helpful but don't take them as a prediction of what will happen to your wife on the day.

Thank You for filling me in -

So, basically it's no different than a B2 visa so far as procedure and a totally arbitrary outcome . That's what I was afraid of, but that's also what I expected .

We did all of this through an immigration lawyer , so I don't know about confirmation of a DS-260 - unless it was included in the paperwork they sent us in a package. We paid over $3000 to have all of the paperwork done properly, so if I learn at the consulate that there is a new trick nobody explained, I will be quite perturbed .

She will of course have all original documents of marriage certificate from Poland, and civil certificates and our co sponsor affidavit is in a sealed envelope to be presented at the interview.

I do not understand what the point is of having a petition for an "alien" (cute terminology) spouse is, if the US citizen petitioning is irrelevant to the case and there are no standards or list of requirements to go by . This just becomes the whim of a CO and there is absolutely no accountability to explain why one is granted or one is rejected.

It's beyond ludicrous .

Where exactly can I find the ratings for the Warsaw consulate ? and thanks for some feedback - it has been impossible to get a straight answer out of anyone for years of dealing with the US immigration system .

You're quite right that the CO will barely glance at the suitcase full of stuff she is bringing with her. She will need the originals of the civil documents and translations if required by the embassy. She will need the affidavit of support financials, medical and passport. Plus the confirmation of the DS-260.

I'll say it's about 99% certain that they won't look at her plane tickets from 2004 and your love letters from 16 years ago. But who knows? Strange things happen at embassy interviews.

No one can say whether your wife will be approved or not except the CO who interviews her on the day. Every case is different. Just because Bob and Sally were approved last week, doesn't mean you will. And if Fred and Susan were denied last week, doesn't mean you wil either. Be glad that each case is adjudicated on its own merits.

Since you have been living together for many years I really don't think you have any obstacles to overcome in terms of bona fide relationship.

Have you checked the embassy reviews here for Warsaw to read of others' experiences? They can be helpful but don't take them as a prediction of what will happen to your wife on the day.

Thank You for filling me in -

So, basically it's no different than a B2 visa so far as procedure and a totally arbitrary outcome . That's what I was afraid of, but that's also what I expected .

We did all of this through an immigration lawyer , so I don't know about confirmation of a DS-260 - unless it was included in the paperwork they sent us in a package. We paid over $3000 to have all of the paperwork done properly, so if I learn at the consulate that there is a new trick nobody explained, I will be quite perturbed .

She will of course have all original documents of marriage certificate from Poland, and civil certificates and our co sponsor affidavit is in a sealed envelope to be presented at the interview.

I do not understand what the point is of having a petition for an "alien" (cute terminology) spouse is, if the US citizen petitioning is irrelevant to the case and there are no standards or list of requirements to go by . This just becomes the whim of a CO and there is absolutely no accountability to explain why one is granted or one is rejected.

It's beyond ludicrous .

Where exactly can I find the ratings for the Warsaw consulate ? and thanks for some feedback - it has been impossible to get a straight answer out of anyone for years of dealing with the US immigration system .

[dwheels76 5,458]

Your wife's overstay, how long was it?

Also know a tourist visa interview is so totally different than a immigration visa.

Sorry you can't attend but it's the immigrate that has to convince the CO. Since you had a lawyer does this men all the evidence you mention none of this was submitted in your initial petition package?

What exactly did you submit as evidence so tge CO can review before the interview? That's very key.

[peterlavilla 1]

Your wife's overstay, how long was it?

Also know a tourist visa interview is so totally different than a immigration visa.

Sorry you can't attend but it's the immigrate that has to convince the CO. Since you had a lawyer does this men all the evidence you mention none of this was submitted in your initial petition package?

What exactly did you submit as evidence so tge CO can review before the interview? That's very key.

Regarding the interview - I am reading recent reviews of the Warsaw embassy K1 spousal interviews, and they are all saying that they went in together for the interview. This is very important, because I have been living with my wife in Poland for the past five years, ad i would think they would want to ask me specific questions about my domicile and resettling back in the US . We are applying for the IR-1 immigrant visa, and I am her husband living with her in Poland. We have been together for 16 years and married in Poland 2 years ago.

We are not applying for a B2 , we are applying for an Immigrant IR-1 Visa.

Regarding her visa history : She had four visas - 1995 - 1997 - traveled once to the US for a couple of weeks when she was a kid

1999 - 2009 - canceled in 2008 at POE because she overstayed her visa for 10 months back in 2003

So she had a 10 year visa , that she overstayed in 2003 for 10 months, and then traveled and several occasions on what was an invalid visa (although she never stayed longer than 2 months after)

So in 2008, she had to withdraw her application to enter at the POE. Then two weeks later they gave her a 3 month visa which she stayed for 2 months.

Then she was given a two year B2 , and she legally extended it for 6 months and she only used 3 of the 6 months.

Her last B2 tourist visa expired in 2009, and they refused to give he another B2 because she told the truth in the interview - that she was only going to the US because her boyfriend of 12 years lived there, but she had no intention of ever immigrating to the US

Consequently , I was forced to move to Poland in 2010, and i have been here with her ever since. We got married in Poland in February 2014 , so a little over years now.

I have a Declaration of Domicile , a US bank account (with minimal balance) , and a letter of employment from a certified employer at a handsome wage.

I am a 46 year old man, with an Honorable Discharge from the USMC n 1991, we are both well educated (I'm a teacher) , no criminal record, clean health, 16 year relationship 2 year marriage

And yet somehow I am convinced that we will be rejected by a CO because on that particular day the wind was blowing from the East. I feel helpless and extremely frustrated .

Lastly, I am bringing a certified mail letter from my 74 year old mother , imploring the CO to let her see her family before she dies .

Thanks for any feed back

[SunflowerSweet 1,321]

Regarding the interview - I am reading recent reviews of the Warsaw embassy K1 spousal interviews, and they are all saying that they went in together for the interview. This is very important, because I have been living with my wife in Poland for the past five years, ad i would think they would want to ask me specific questions about my domicile and resettling back in the US . We are applying for the IR-1 immigrant visa, and I am her husband living with her in Poland. We have been together for 16 years and married in Poland 2 years ago.

We are not applying for a B2 , we are applying for an Immigrant IR-1 Visa.

Regarding her visa history : She had four visas - 1995 - 1997 - traveled once to the US for a couple of weeks when she was a kid

1999 - 2009 - canceled in 2008 at POE because she overstayed her visa for 10 months back in 2003

So she had a 10 year visa , that she overstayed in 2003 for 10 months, and then traveled and several occasions on what was an invalid visa (although she never stayed longer than 2 months after)

So in 2008, she had to withdraw her application to enter at the POE. Then two weeks later they gave her a 3 month visa which she stayed for 2 months.

Then she was given a two year B2 , and she legally extended it for 6 months and she only used 3 of the 6 months.

Her last B2 tourist visa expired in 2009, and they refused to give he another B2 because she told the truth in the interview - that she was only going to the US because her boyfriend of 12 years lived there, but she had no intention of ever immigrating to the US

Consequently , I was forced to move to Poland in 2010, and i have been here with her ever since. We got married in Poland in February 2014 , so a little over years now.

I have a Declaration of Domicile , a US bank account (with minimal balance) , and a letter of employment from a certified employer at a handsome wage.

I am a 46 year old man, with an Honorable Discharge from the USMC n 1991, we are both well educated (I'm a teacher) , no criminal record, clean health, 16 year relationship 2 year marriage

And yet somehow I am convinced that we will be rejected by a CO because on that particular day the wind was blowing from the East. I feel helpless and extremely frustrated .

Lastly, I am bringing a certified mail letter from my 74 year old mother , imploring the CO to let her see her family before she dies .

Thanks for any feed back

To be completely honest, I feel like your wife was extremely lucky in getting the few tourist visas she did after her 10-month overstay. You can browse through the tourist visa section of the forum and see that even people with clean travel records get denied tourist visas to the US.

I am also a little confused as to why you feel as if you were "forced" to move to Poland. If she was never intending to move to the US and you didn't want to move to Poland, then you didn't have plans to live together anyways? Why not just visit Poland?

[peterlavilla 1]

To be completely honest, I feel like your wife was extremely lucky in getting the few tourist visas she did after her 10-month overstay. You can browse through the tourist visa section of the forum and see that even people with clean travel records get denied tourist visas to the US.

I am also a little confused as to why you feel as if you were "forced" to move to Poland. If she was never intending to move to the US and you didn't want to move to Poland, then you didn't have plans to live together anyways? Why not just visit Poland?

Perhaps you are missing something. She is my wife. We have been together for 16 years now - we will not be "visiting" each other. But okay, to simplify things - I chose to live in Poland five years ago. And now, my mother is 74 , and needs me as she gets older - so I need to move back to the USA. So , now the question is, how does an American expat , move back to the US with his Polish wife ? A Polish wife who was denied a tourist visa, because she is n a relationship with a US citizen . Now we are legally married - we have been married for over two years, but we have been together for 16 years !

What is an IR-1 for , if not for my situation ? I am an American citizen, moving back to the US with my foreign spouse - isn't that what this visa is for ? and why am I not allowed to be there during the interview - I'm sorry, but it really makes no sense

[peterlavilla 1]

To be completely honest, I feel like your wife was extremely lucky in getting the few tourist visas she did after her 10-month overstay. You can browse through the tourist visa section of the forum and see that even people with clean travel records get denied tourist visas to the US.

I am also a little confused as to why you feel as if you were "forced" to move to Poland. If she was never intending to move to the US and you didn't want to move to Poland, then you didn't have plans to live together anyways? Why not just visit Poland?

I agree , it was astounding that she went right back to Krakow after being sent back from JFK only a day after "withdrawing" her application, and they give her a a 3 month B2 as a sign of good faith - and she complied with all regulations for the next several years . Her overstay was 2003 - that's 13 years ago now, and since then she legally extended once .

I should clarify - I CHOSE to move to Poland, because she was no longer able to visit for 3 months once a year - I was already spending several months of the year with her in Poland - we did this for 10 years , and I moved to Poland in 2010

So now the question is, how does an American ex pat bring his foreign spouse with him when he needs to move back to the US?

I would have thought that is what the IR-1 is for . My mother is 74 and in poor health, and I need to move back to the US to be there for her. I have been married in Poland for over two years now, and we have been a couple for 16 years.

Isn't the IR-1 supposed to be the solution for returning to the US with your foreign spouse ?

[OLee 64]

In my honest opinion she has no problem to get spouse visa. She overstayed by 10 months and it happened 13 years ago, so what ever ban she was punished with it is already in her past.

I just didn't understand what it means that she withdrew her application at the POE? I will read your original post again.

What do you really worry about? Your relationship case is solid, the consular at the interview will just probably mention her overstay and this is it. This is an interview for spouse visa, it is completely different from tourist visa.

My case is very similar to yours. My USC husband also lived with me in LT (check my time line), I also had a history of overstay many many years ago. The difference is that we never hired any lawyer, we did everything ourselves with the huge help from Vj'ers.

Write me pm if you want.

[OLee 64]

By the way, my husband couldn't participate at the interview, but it made no difference. I was very satisfied with the interviewer.

[observatorka 197]

Isn't the IR-1 supposed to be the solution for returning to the US with your foreign spouse ?

We went through this, but CR-1 (we were married for less than 2 years when we applied for visa).

My husband had to submit documents confirming his american domicile.

He was not in the embassy during the interview.

[dwheels76 5,458]

I agree , it was astounding that she went right back to Krakow after being sent back from JFK only a day after "withdrawing" her application, and they give her a a 3 month B2 as a sign of good faith - and she complied with all regulations for the next several years . Her overstay was 2003 - that's 13 years ago now, and since then she legally extended once .

I should clarify - I CHOSE to move to Poland, because she was no longer able to visit for 3 months once a year - I was already spending several months of the year with her in Poland - we did this for 10 years , and I moved to Poland in 2010

So now the question is, how does an American ex pat bring his foreign spouse with him when he needs to move back to the US?

I would have thought that is what the IR-1 is for . My mother is 74 and in poor health, and I need to move back to the US to be there for her. I have been married in Poland for over two years now, and we have been a couple for 16 years.

Isn't the IR-1 supposed to be the solution for returning to the US with your foreign spouse ?

Who said you couldn't attend the interview. The embassy there allows spouse. What most do is when their case file arrives at embassy when they are scheduled interview email the embassy and and say that you the husband will be attending the interview with your wife what is it you need to bring. Most embassies will also have a letter for you or tell you your name will be added to the attendee list bring ID.

I don't know why you so worried about a failed interview. This isn't Africa, India, pr the MENA's. Poland is very Visa friendly place.

[peterlavilla 1]

Who said you couldn't attend the interview. The embassy there allows spouse. What most do is when their case file arrives at embassy when they are scheduled interview email the embassy and and say that you the husband will be attending the interview with your wife what is it you need to bring. Most embassies will also have a letter for you or tell you your name will be added to the attendee list bring ID.

I don't know why you so worried about a failed interview. This isn't Africa, India, pr the MENA's. Poland is very Visa friendly place.

I have called the US Citizen services, and the Visa section at the US Consulate in Warsaw , and the woman told me on the phone that the interview is scheduled with my wife - NOT ME , so I am not allowed to attend the interview. I explained that this is an IR-1 immigrant visa , and that I have been living in Poland for several years , and now we must move back to the US together , so many of the questions about where we will be living and how we will be making money during the transition are questions that should be directed at me . I would think that if they want to establish that a couple is married, and find out all they can about the validity of the relationship , I would think they would want us both to be there for the interview . It is really insane .

I am doing everything I can for them to at least let me sit on the side , but they are telling me I am not even allowed in the same room . They say I can be in the building at another area, but nowhere near the actual interview. Frankly, I am blown away that the interview for a spousal visa does not want the US spouse - insane.

[peterlavilla 1]

We went through this, but CR-1 (we were married for less than 2 years when we applied for visa).

My husband had to submit documents confirming his american domicile.

He was not in the embassy during the interview.

This is what I am very worried about - I moved to Poland 5 years ago to be with my wife . Now we need to move back to the US to be there for my mother, who is 75 and not in good health . I have a job waiting for me , and we would be staying with my employer (he is wealthy and has a guest house where we would stay until we find our own place) . I have a letter that my lawyers drafted called a "Declaration Regarding Domicile" which states that I am in the process of moving back to the US and I have taken all of the necessary steps - it also states that I am not required by immigration regulations to prove that I am presently domiciled in the US . I have a letter of employment from a certified employer noting the date that I would begin working and the rate of pay (good salary) - I have a US bank account that I have maintained with a minimal balance

If they expect me to leave my wife in Poland and live in the US for up to a year to get everything situated, it is unreasonable .