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Richard Moss

How much proof is too much proof?

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And furthermore, it is better to have more proof upfront rather than be asked about it later.

 

Like I shared, it seems the process gets "easier" somehow as the years go by.

“The fact that we are here and that I speak these words is an attempt to break that silence and bridge some
of those differences between us, for it is not difference which immobilizes us, but silence.
And there are so many silences to be broken.”

Audre Lorde

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4 hours ago, Richard Moss said:

I have been told two opposite answers to the same question…. “When my fiancée goes in for her interview how much evidence should she take?”

 

A woman that went through the process said she took a file folder box  in with thousands of pages and the interviewer looked at the pile and said “congratulations I can see proof of a relationship”

 

A man going through the process at the same point I am at said too much evidence will slow down the process….

 

I would love any insight to the correct answer…. Thanks in advance for your responses!!

 

Richard

IMHO, it's always going to be quality over quantity. My fiancé is coming from Jamaica (high-risk visa fraud country). While I know that USCIS only requires that we meet once at least in 2 years, I did front-load our petition; and I plan to NOT ONLY have quantity AND quality, but I will be attending the interview with him. USCIS rarely denies petitions at their stage, but the way I think (and sometimes, I'm told I overthink things but that's subject to whoever's opinion...lol), I front-loaded our petition because, I know that the whole petition is going to the Jamaica Consulate. Whatever CO gets our petition, they will review and investigate all that I've put in there. From the time we sent in our petition, we were together over a year, so to me, I wanted to give them at least a year or so worth of evidence. Because when we get to the interview, I want the CO to see that what we have IS REAL. I want them to see there's a balance in the amount of time we've been together. The burden on the CO is prove that our relationship is not real; so I made sure to have add A LOT and I'm preparing to come with A LOT.

 

Each case is different and gets reviewed differently by each individual CO. What is good for one is DEFNITELY NOT good for the other. So, just because those experiences you shared each played out differently, that does not mean that you and your fiancé will have the same experience. When it's me and my fiancé's time to go, I will have EVERYTHING and ANYTHING ready for them. Rather have it for them to ask us one question, then not have it then ask us multiple questions asking for us to provide proof.

 

But that's just me! :D

ROC Filing:

4/21/2021 - Sent ROC Package via FedEx

4/22/2021 - FedEx package delivered and signed

5/11/2021 - Check cashed

5/14/2021 - Received NOA1 via mail (NOA1 date: 5/8/2021)

6/9/2021 -  Biometrics waived - Case updated to Fingerprints taken

 

 

 

 

 

 

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1 hour ago, ivyanddan said:

And furthermore, it is better to have more proof upfront rather than be asked about it later.

 

Like I shared, it seems the process gets "easier" somehow as the years go by.

PH isn't really considered high fraud for family-based immigrant visas. It does have a lot of fraud (lots of applications), but looking at percentages, the refusal rate is fairly low and on par with other non-high fraud countries. It is generally considered high fraud for non-immigrant visas (tourist, student, etc.), though.

 

There's pros and cons to front loading. I personally would disagree that having more upfront is always better. Everything that you submit can also be used against you.

 

11 minutes ago, Trinab80 said:

The burden on the CO is prove that our relationship is not real

Actually, that's incorrect. The burden is on the beneficiary to show that they are eligible for the visa (including having a bona fide relationship). The CO does not have to show any evidence that it is not real to deny the application.

 

Everything else is spot on, though.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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6 minutes ago, geowrian said:

PH isn't really considered high fraud for family-based immigrant visas. It does have a lot of fraud (lots of applications), but looking at percentages, the refusal rate is fairly low and on par with other non-high fraud countries. It is generally considered high fraud for non-immigrant visas (tourist, student, etc.), though.

 

There's pros and cons to front loading. I personally would disagree that having more upfront is always better. Everything that you submit can also be used against you.

 

Actually, that's incorrect. The burden is on the beneficiary to show that they are qualified for the visa (including having a bona fide relationship). The CO does not have to show any evidence that it is not real to deny the application.

 

Everything else is spot on, though.

I said that wrong but sometimes it's kinda an adverse effect. It's the burden of the beneficiary/petitioner to prove the real is real, but at times, the position a CO tries to play is proving the relationship is not bonafide. That's how I look at it sometimes. 

ROC Filing:

4/21/2021 - Sent ROC Package via FedEx

4/22/2021 - FedEx package delivered and signed

5/11/2021 - Check cashed

5/14/2021 - Received NOA1 via mail (NOA1 date: 5/8/2021)

6/9/2021 -  Biometrics waived - Case updated to Fingerprints taken

 

 

 

 

 

 

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Filed: K-1 Visa Country: Vietnam
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Anybody that takes a large file box with thousands of pages of documents is wasting a good box. There's a reason why proof and forms are sent in: If you follow the rules and maybe overload the proof a little, that's all you need. If I was a CO, I'd be suspicious of anyone trying to "over-prove" their case by lugging in a ton of papers. They want to approve the visas for the couples that are honest and true. Don't overdo it.

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Filed: Country:
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6 hours ago, EandH0904 said:

Usually the mind is already made up before the interview it seems,

Definitely not true, though the predisposition is to approve.

 

The officer may be slightly skeptical based on seeing an extreme age difference or 3-4 divorces. But most officers won't even look at POR or the case file even until they have the applicant in the window. 

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I/we took a brief case full of 500 plus pages.  Of course original copies of everything we had already submitted plus more photos and other stuff.  We had it all there with us.  We did not have to submit any of it but we were ready of asked.  You really cannot take too much stuff with you.  You will only take it out if they ask for something.  I doesn't hurt to be prepared.

 

Good luck and God Bless, david

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Filed: K-1 Visa Country: Tunisia
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5 hours ago, geowrian said:

PH isn't really considered high fraud for family-based immigrant visas. It does have a lot of fraud (lots of applications), but looking at percentages, the refusal rate is fairly low and on par with other non-high fraud countries. It is generally considered high fraud for non-immigrant visas (tourist, student, etc.), though.

 

There's pros and cons to front loading. I personally would disagree that having more upfront is always better. Everything that you submit can also be used against you.

 

Actually, that's incorrect. The burden is on the beneficiary to show that they are eligible for the visa (including having a bona fide relationship). The CO does not have to show any evidence that it is not real to deny the application.

 

Everything else is spot on, though.

Just wondering, where do you see these percentages? I'd like to see what it shows for my fiancee's country.

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Filed: K-1 Visa Country: Philippines
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Just done with the inteview today. We loaded our i129f packet with as much as we can. Pictures and all. In my interview today I bought the copy of i129f packet, scrapbook, pictures, chat logs, and so on. Non of which were checked as I noticed to the CO he browsed our i-129f and ask few questions then thats it

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56 minutes ago, useful89 said:

Just wondering, where do you see these percentages? I'd like to see what it shows for my fiancee's country.

Visas: https://travel.state.gov/content/visas/en/law-and-policy/statistics.html

Petitions: https://www.uscis.gov/tools/reports-studies/immigration-forms-data

Unfortunately, they don't break down refusals by country for non-tourist visas, so you have to do some number crunching. A good summary is here: http://www.visatutor.com/k-1-visa-statistics-2017/. There's no way to get precise numbers from public data, though.

 

The most commonly relevant NIV reports (FY16) below:

 

 

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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14 hours ago, JFH said:

I think. I wasn't asked for anything from my file except one item which was specific to my husband's felony. 

What did they need for his felony? I'm just wondering because I have three felonies.

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Filed: AOS (apr) Country: Scotland
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16 hours ago, O&GForever said:

from lesser countries, like England 

I've been saying this for years :P

Our Journey

Nov 17th 2003: Met in New Orleans 

Nov 30th 2004: Married in Belize

May 1st 2006: Moved from Louisiana to Scotland

Nov 3rd 2006: Jessica was born

Jan 18th 2011: Ellie was born

Feb 28th 2011: Moved to Mumbai, India

Jan 16th 2014: Moved back to the US

AOS - 2016
May 23rd: I-130, AOS, EAD and AP received
June 1st: Checks cashed
June 6th: Hard copy receipts received for I-130, AOS and EAD. AP receipt not received (however lawyer sent me copies of his receipts which included the AP)
June 6th: Receipt numbers work on USCIS.
June 11th: Biometrics notification
June 13th: Biometrics (walk in)

Aug 13th: Text notification for EAD. Card being produced

Aug 15th: Text notification for EAD & AP. Case approved

Aug 18th: Text notification for EAD. Card has been mailed

Aug 20th: EAD/AP Combo card delivered

2017

April 16th: Applied for EAD/AP renewal

April 25th: EAD/AP case received

May 16th: Text notification received for AOS case status update: interview is scheduled

June 06th: Redo medical

June 20th: Interview date. Evening email: "We ordered your new card"

June 21st: Email received "Case was approved"

June 23rd: Email received "Card was mailed to me"

June 27th: 10 year Green Card delivered 

 

March 22nd 2020: N-400 window opens

 

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Filed: K-1 Visa Country: Tunisia
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20 hours ago, geowrian said:

These reports are a little less than comforting! 80% success rate is lower than I expected...

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Filed: Citizen (apr) Country: Ecuador
Timeline

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

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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