Beaurocrats Trying To Increase The Odds Of Failure?

[Tahoma 2,291]

Hey lib loon liar,

Still trying to turn this into a political discussion I see.

That’s the thing with lib loon liars, you can put 250GB of documents proving what you said is true in front of their face and they’ll still argue for their lib loon lies.

That’s because their lib loon liar eyes, ears and minds are always closed to everything other than what their lib loon liar God says is true.

Go away lib loon liar.

notmuch88tosay

Your little diatribe is just another sign of a failed argument. Now you won't even own up to the original garbage you spewed.

It's a good bet that you weren't on your high school school debate team.

You did go to high school, didn't you?

[Gary and Alla 3,694]

There are only a few things the consular officer will be concerned about. Is the beneficiary inadmissible as defined in INA 212? Is the petitioner ineligible to file a family based visa petition? Is the relationship a sham primarily to evade immigration law? Is the petitioner financially qualified to sponsor an immigrant? Have all aspects of the relevant immigration laws been complied with?

Most of this stuff can be proven with documentary evidence. The sham relationship determination is discretionary, and it's the requirement that gives more people problems than any other, especially in countries that have a high rate of visa fraud.

When a consular officer denies a K1 or CR1 visa they do sometimes cite that the petitioner and beneficiary do not appear to share a common language. I have never seen a denial where this was the only reason cited. Rather, it's included in a list of reasons that help support the conclusion that the relationship is likely a sham. I've also seen the common language reason cited in a few cases where it clearly wasn't true - where it was obvious from the evidence submitted that the petitioner spoke the beneficiary's language fluently. The point is that the visa wasn't denied because the CO thought they didn't share a common language. In fact, none of the items in the bullet list of reasons given by the CO are the main reason for the denial. The visa is denied because the CO believes the relationship is a sham, and the list of reasons on the denial sheet are only some of the clues that led the CO to that conclusion.

The CO spends no more than 10 or 15 minutes with the case file before the interview. Usually, the initial decision is made by reviewing the case file. You should think about the information the CO will be looking at in your case file, and what sort of impression it's likely to make. If there's anything in your case file that you think might get the CO's attention then that's what you want to be prepared to address at the interview. The language issue is usually an afterthought, added after the CO has already racked up a lot of points against the beneficiary.

When my wife went to her interview her English skills were weak, and my Vietnamese skills were much weaker. The first thing the CO asked was "Do you speak English?". She said "Yes, but for interview, please, Vietnamese." At that time, her accent was extremely heavy, and she couldn't pronounce most consonant sounds at the end of words. For example, she said "plea" instead of "please", and "Vietnamee" instead of "Vietnamese".

The rest of the interview - only four questions - were in Vietnamese. The decision had been made before she ever walked up to the window. She saw the pink approval sheet already filled out and waiting for the CO's signature.

Exactly Jim. Visas are approved or denied based on the body of evidence, not on any one particular thing. If there is obviously communication then different languages would not matter. I think too many people pick things off these lists of reasons for denial and believe that you must meet ALL of them or be denied. It simply is not true.

An attorney suggesting this is doing so to "cover his @ss" and indicates he is not too knowledgeable of the process. I would RUN from any attorney who just piled on unnecessary requirements out of inexperience.

My wife chose Russian for her interview because it is her native language and she was kind of nervous and she didn't want to make any mistakes. Except for some people in the waiting room she never said anything in English to anyone. They did have a bunch of our emails in English to review before the interview.

The interview (I was with her when we went to the interview window) was "no questions asked" Just gave back our original documents and told us to go arrange for visa delivery. The decision was made BEFORE we went to the window. They usually are.

[notmuch88tosay 21]

Thanks for the reply Gary and Alla,

I appreciate you pointing that out.

Take care,

notmuch88tosay

[notmuch88tosay 21]

Hello,

One thing I am concerned about is that she doesn't have an employment history.

Her parents have their own business and are well off and have been supporting her.

I fear that might cause some suspicion.

The Packet 3 forms and all the forms she fills will be blank when it comes to the employment history section.

Is that something to worry about for the interview?

And if so, what could I do about it to make her situation look better?

notmuch88tosay

[Gary and Alla 3,694]

Hello,

One thing I am concerned about is that she doesn't have an employment history.

Her parents have their own business and are well off and have been supporting her.

I fear that might cause some suspicion.

The Packet 3 forms and all the forms she fills will be blank when it comes to the employment history section.

Is that something to worry about for the interview?

And if so, what could I do about it to make her situation look better?

notmuch88tosay

The employment history of the K-1 beneficiary is of no consequence. The forms in packet three are used for many different visas (except DS156K)

No worries, she has no need to ever have been employed and many fiancees have never been employed.

[notmuch88tosay 21]

Thanks for the info Gary and Alla,

I do appreciate it very much.

I know the U.S. Consulate in China is on the constant look out for prostitues trying to enter the U.S., and I was worried that they might suspect that if she has not ever held a job and is living on her own renting an apartment by herself, that they might interregate her about that possibility.

You don't think they would suspect that in that situation?

notmuch88tosay

[Gary and Alla 3,694]

Thanks for the info Gary and Alla,

I do appreciate it very much.

I know the U.S. Consulate in China is on the constant look out for prostitues trying to enter the U.S., and I was worried that they might suspect that if she has not ever held a job and is living on her own renting an apartment by herself, that they might interregate her about that possibility.

You don't think they would suspect that in that situation?

notmuch88tosay

Do you have a legitimate relationship? Can you document it? Sleep well.

We could torture ourselves with speculation of what someone will think about some thing about our lives or situation. I cannot stop you from this and some people seem to thrive on it. I don't. If you are like this, then I suggest you wrap your head in duct tape because about month 4 it is going to explode and you will want to keep all the pieces.

It is like the question about language, you are picking and choosing things from a list and thinking you have to meet all of them. You don't. People who are denied because they are prostitutes are usually denied because they ARE prostitutes and there is information available to the consulate to that affect that their US fiance may not be aware of (can you imagine?)

Does she have an answer to the question (if asked) "How do you support yourself?" No worries.

There is nothing more you can do than to document your relationship for what it is. Do your job as best you can and sleep well. Usually our best is quite good enough.

[notmuch88tosay 21]

Thanks Gary and Alla,

I really do appreciate you taking your time to answer my concerns.

I will go buy some duct tape now. And alot of sleeping pills to help with that too :-)

Thanks again,

notmuch88tosay

[Darnell 8,478]

Hello,

I'm sure the beaurocrats know that learning a new language takes two years or more, sometimes as much as up to five years.

Is that why they require the Fiancee be tested on their ability to speak English during the interview? So they have one more excuse to fail them (and destroy their life) at the interview?

Why not let the Fiancee learn English in America where she will be surrounded by English speaking people and available classes and then test her before the Green Card or something like that?

notmuch88tosay

Usually, for GUZ IV, this can be addressed by a paragraph in the Evolution of Relationship letter, basic concept of 'how we communicate'.

If you have some righteous indignation about bureaucrats and language, I'll suggest to you to take a deep dive on composing that paragraph in yer EOR letter, soonish.

Good Luck !

[notmuch88tosay 21]

Hey Darnell,

Thanks for the tip. I'll try to use it.

I don't have any righteous indignation about bureaucrats and language. But thanks for the advice anyway.

I discovered I have been told alot of misinformation about the Fiancee Visa process and the people in the process.

And I have had quite a few bad experiences with beaurocrats on high horses with gigantic ego's twice as big as their brains. But they are the exception.

The combination of those things colored my perception. But I don't judge beaurocrats as a whole.

Take care,

notmuch88tosay

Edited August 18, 2011 by notmuch88tosay

[Robert&Karen 264]

Likewise dont forget at POE she can also ask for a translator. Jim.

Actually you probably want an interpreter. A translator works with the written word and an interpreter works with the spoken word.

[notmuch88tosay 21]

Thanks for the clarification aorobert,

I did use several interpreters when I met several ladies when I was in China.

Most were very good. One was an infuriating incompetent dingbat.

I bought an electronic translator for my fiancee. Hopefully that will be enough at POE.

Take care,

notmuch88tosay