Curious why the CR1 (Spouse visa) can be filed online

[geowrian 22,335]

26 minutes ago, Ela S. said:

Well I can assure you for people who come from high fraud countries it’s just best to submit as much proof as they can. I’m sure you understand as you probably know firsthand. I don’t even come from one and didn’t hesitate to add as much evidence as I could (nothing USCIS didn’t mention beforehand on the instructions) and yet I’m sure I could have added just one photo of us and they would have approved us. And I’m sure it’s like that for many. But most don’t want to risk it.

Manila is actually not high fraud for fiance or spousal visas. Most NIVs, yes, but not those. Manila issues almost 1 out of every 5 K-1 visas in the world (circa 2017/2018...I haven't checked 2019).

The issue is there is a myth that one should provide as much evidence as they can. Quality >> quantity. presenting 600 pages of chat means they will likely read none of them and ignore all of them. Evidence of dating for a long period of time, regular visits, etc. is infinitely more important than pages of chats, photos, etc. that people often provide

 

But as noted above, USCIS doesn't approve or deny an I-129F petition based on any relationship evidence. Providing evidence of it is not in the instructions.

It may or may not be useful in high fraud cases or those with certain consulates where the CO reviews the entire packet beforehand.

 

Note that this is different than a spousal visa. The I-130 does request bona fide marriage evidence with the petition, and USCIS has issed an RFE or even denied cases for a lack of it.

The advice on the type of evidence to send (i.e. 600 pags of chat does no good) still applies, though.

Edited June 26, 2020 by geowrian

[Ela G. 389]

25 minutes ago, payxibka said:

USCIS doesn't look to whether it's a high fraud or low fraud consulate for petition approval,  that factor is simply not in the equation 

If that were to be true, they wouldn’t even have a list with high fraud countries. They simply wouldn’t make one because it wouldn’t matter.

[payxibka 10,044]

Just now, Ela S. said:

If that were to be true, they wouldn’t even have a list with high fraud countries. They simply wouldn’t make one because it wouldn’t matter.

Where is this list?

[Ela G. 389]

10 minutes ago, payxibka said:

Where is this list?

https://mypathtocitizenship.com/ep14-list-of-uscis-high-fraud-countries-low-fraud-countries/

 

Each consulate is in charge of disclosing such information.

[Ela G. 389]

21 minutes ago, geowrian said:

Manila is actually not high fraud for fiance or spousal visas. Most NIVs, yes, but not those. Manila issues almost 1 out of every 5 K-1 visas in the world (circa 2017/2018...I haven't checked 2019).

The issue is there is a myth that one should provide as much evidence as they can. Quality >> quantity. presenting 600 pages of chat means they will likely read none of them and ignore all of them. Evidence of dating for a long period of time, regular visits, etc. is infinitely more important than pages of chats, photos, etc. that people often provide

 

But as noted above, USCIS doesn't approve or deny an I-129F petition based on any relationship evidence. Providing evidence of it is not in the instructions.

It may or may not be useful in high fraud cases or those with certain consulates where the CO reviews the entire packet beforehand.

 

Note that this is different than a spousal visa. The I-130 does request bona fide marriage evidence with the petition, and USCIS has issed an RFE or even denied cases for a lack of it.

The advice on the type of evidence to send (i.e. 600 pags of chat does no good) still applies, though.

I guess it isn’t as needed for the I-129f but it definitely is for the consulate interview. In my case they didn’t even look through the evidence and only asked me like 3 questions. But many in high fraud countries have 20 min long interviews and they have to go through evidence together.

[geowrian 22,335]

15 minutes ago, Ela S. said:

If that were to be true, they wouldn’t even have a list with high fraud countries. They simply wouldn’t make one because it wouldn’t matter.

3 minutes ago, Ela S. said:

https://mypathtocitizenship.com/ep14-list-of-uscis-high-fraud-countries-low-fraud-countries/

 

Each consulate is in charge of disclosing such information.

"I’ve put together a list of high fraud and low fraud countries based thousands of people I’ve talked to from many different countries."

USCIS does not have a list. Or if they do, they have never referred to it in any of their policy manuals, memos, publicly, or in court rulings.

 

2 minutes ago, Ela S. said:

I guess it isn’t as needed for the I-129f but it definitely is for the consulate interview. In my case they didn’t even look through the evidence and only asked me like 3 questions. But many in high fraud countries have 20 min long interviews and they have to go through evidence together.

Yes, for the consulate interview, relationship evidence is key.

I've seen cases of interviews measured in hours, actually. It's rare.....but up to an hour is not that uncommon in suspected fraud cases.

[payxibka 10,044]

2 minutes ago, Ela S. said:

I guess it isn’t as needed for the I-129f but it definitely is for the consulate interview. In my case they didn’t even look through the evidence and only asked me like 3 questions. But many in high fraud countries have 20 min long interviews and they have to go through evidence together.

You guess right been that way for as long as I have been on VJ.   Nobody said anything about not having available for the consulate interview.   

[Ela G. 389]

1 minute ago, geowrian said:

"I’ve put together a list of high fraud and low fraud countries based thousands of people I’ve talked to from many different countries."

USCIS does not have a list. Or if they do, they have never referred to it in any of their policy manuals, memos, publicly, or in court rulings.

 

Yes, for the consulate interview, relationship evidence is key.

I've seen cases of interviews measured in hours, actually. It's rare.....but up to an hour is not that uncommon in suspected fraud cases.

I mean I have a feeling it would be borderline illegal for USCIS to actually admit they do approvals based on the country being high/low fraud which is why they would never add such thing to their policy manuals

[geowrian 22,335]

1 minute ago, Ela S. said:

I mean I have a feeling it would be borderline illegal for USCIS to actually admit they do approvals based on the country being high/low fraud which is why they would never add such thing to their policy manuals

Begs the question of where it would be documented and be passed along among thousands of employees over decades.

 

USCIS petition approvals for the IR-based I-130s are around 89-90%. The vast majority of denials are likely due to administrative issues (such as failure to respond to an RFE, missing forms, etc.). It does not appear they have much of a reason to have a high/low fraud list in the first place.

https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports and Studies/Immigration Forms Data/Family-Based/I130_performancedata_fy2019_qtr4.pdf

 

[Ela G. 389]

2 minutes ago, geowrian said:

Begs the question of where it would be documented and be passed along among thousands of employees over decades.

 

USCIS petition approvals for the IR-based I-130s are around 89-90%. The vast majority of denials are likely due to administrative issues (such as failure to respond to an RFE, missing forms, etc.). It does not appear they have much of a reason to have a high/low fraud list in the first place.

https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports and Studies/Immigration Forms Data/Family-Based/I130_performancedata_fy2019_qtr4.pdf

 

Sure but I was pretty much specifically talking about K-1 (which I believe is the visa with the most fraud). And the fact that it’s the one with the shortest process just helps the cause.

[geowrian 22,335]

7 minutes ago, Ela S. said:

Sure but I was pretty much specifically talking about K-1 (which I believe is the visa with the most fraud). And the fact that it’s the one with the shortest process just helps the cause.

As noted for the K-1, USCIS does not require any relationship evidence. I have never seen them send an RFE or deny an I-129F due to the lack of it.

So what role could a USCIS high/low fraud list possibly provide?

Edited June 26, 2020 by geowrian

[payxibka 10,044]

How many i129fs are outright denied?  Not many.   

[payxibka 10,044]

1 hour ago, Ela S. said:

I mean I have a feeling it would be borderline illegal for USCIS to actually admit they do approvals based on the country being high/low fraud which is why they would never add such thing to their policy manuals

It would only take one FOIA request to prove its existence or not

[Diane and Chris 651]

My theory is, when they are given mountains of files to look through, they tend to work on the thinner files vs those massive 600 page applications. They get more completed that way. They eventually get around to the thicker ones!  😁 

[Just Paul 4,591]

15 minutes ago, Diane and Chris said:

My theory is, when they are given mountains of files to look through, they tend to work on the thinner files vs those massive 600 page applications. They get more completed that way. They eventually get around to the thicker ones!  😁 

That is what I would do.   I knock out the thin ones first and have a sense of accomplishment!  

 

Certain petitions need to be front loaded.  But more than a few pages of chats or anything else is repetitive.

Edited June 27, 2020 by Paul & Mary