Embassy Interview Advice/Pitfalls

[caliliving 606]

4 minutes ago, JFH said:

USCIS adjudicates the I-129F petition only. This is just a petition. Almost every petition is approved (I think the recent figure was 99.7%). All they are concerned about is that you have met the required criteria to petition for your fiancé, namely:

 

- you are a USC (and can prove this by way of a passport, naturalization certificate or birth certificate)

- you are both free to marry (and can prove this by way of divorce decrees or death certificates of any prior spouses on either side) 

- you have met in person at least once in the last 2 years (and can demonstrate this by way of passport stamps, hotel receipts, tickets, photos, lease, etc, etc)

- you intend to marry within the 90-day period immediately after her arrival into the country (demonstrated by letters of intent)

- you are not barred from petitioning due to the AWA (for this a criminal record check is carried out by USCIS) 

 

Thats it. Nothing else is required or wanted by USCIS. Their policy handbook specifically states that their adjudicators must base their decisions on the above facts only, not on their feelings whether you make a good couple or whether they think your relationship will last a long time. A former adjudicator used to post on here and he said the adjudication process for an I-129F takes around 15 minutes, more if the file is weighted down with all sorts of extra photos and stuff that takes them a while to sift through to find what they really need. They have a check list to follow and if the above 5 criteria are met, it's approved. 

 

Some people like to front-load the petition with all sorts of photos and other things as "evidence" (this is not "proof") of a bona fide relationship as this is the only way to ensure that such stuff reaches the interviewing officer before the applicant arrives at the embassy. 

I could be completely wrong.

but once you send a petition (k1 or CR1) from outside the country USCIS approves it to be an interview or not. the embassay then does the interview.  certain embassies are harder then others. 

 

when you travel you go through Border and Custom Patrol! it is a different process. you already have a visa to be there and they are just there to make sure you are not abusing it.  

 

 

[JFH 12,189]

Just now, caliliving said:

I could be completely wrong.

but once you send a petition (k1 or CR1) from outside the country USCIS approves it to be an interview or not. the embassay then does the interview.  certain embassies are harder then others. 

 

when you travel you go through Border and Custom Patrol! it is a different process. you already have a visa to be there and they are just there to make sure you are not abusing it.  

 

 

No, that's not how it works. All immigrant and K visas have an interview, even children, without exception. USCIS approves the petition, the embassy approved the visa. Two very different things. 

 

A visa, even an immigrant one, does not guarantee entry into the country. 

[caliliving 606]

2 minutes ago, JFH said:

No, that's not how it works. All immigrant and K visas have an interview, even children, without exception. USCIS approves the petition, the embassy approved the visa. Two very different things. 

 

A visa, even an immigrant one, does not guarantee entry into the country. 

i know a visa does not allow someone in the country.   i know you can be approved prior and denied at CBP.  

 

[Jeanne Adil 1,651]

http://mypathtocitizenship.com/which-countries-are-on-the-uscis-high-fraud-list/

 

you all better check out this site 

it is the list of high fraud countries according to USCIS and yes,   SA is on it

 

i am not saying this to scare people just to let you know 

[SusieQQQ 11,585]

6 hours ago, JFH said:

Maybe it's because the SA embassy also handles cases from other, smaller African nations for which the refusal rate and suspected fraud might be higher? These lists are based on embassy refusal rates, not nationality. So the smaller countries that "share" an embassy muddy the waters a little. 

It’s not the small neighboring countries SA takes care of that are issues for refusals, but the fact that SA has a fair amount of nationals from high-fraud countries further north resident in SA who process through the embassy. Still, the overall refusal rate at the embassy is still low. I’ve seen the data somewhere, but I can’t remember where it was.

[olya green 0]

hi there guys. great forum! Me and my bf are thinking of filing K-1 soon, but I have previously overstayed my B1/B2. I'm not under any bans (like 3 or 10 yrs), but I'm still kinda concerned. We plan to file in Jan, then while waiting he wants to visit me here in Moscow. Should we be concerned at all or we're good? Or better marry in my country of residence?

 

cheers,

olya