Terrible experience at K1 visa interview

[Skyler 0]

So, my fiance just had his first K1 visa interview. Here in El Salvador you have to do two interviews, the first one is mainly to submit the paperwork. They tell you if you get the visa on the second one, after the interview. I am the USC and have been living down here with him for the past 2 years.

He ran into MAJOR problems with the I-134 affidavit of support. Since I am living in El Salvador, we had my mom be our co-sponsor, she owns her house and has hundreds of thousands in the bank, and works part time. We submitted all the required forms from my mom´s bank account info, her job, her property, tax info, W-2´s ect. We also had a letter from my previous job stating that I will be rehired when I return to Utah, and my previous years tax transcripts from when I was working there (I worked there for 7 years).

Well, the Consule my fiance was unfortunate enough to speak with didn´t want to see anything but MY I-134, with no supporting docuements except my 2007 taxes. Well, I don´t HAVE 2007 taxes because I was living in El Salvador for the entire year. She didn´t care. She also said that ¨With this visa (K1) you can´t have a co-sposor, it´s not allowed.¨ HAS ANYONE EVER HEARD OF THIS? I even emailed the embassy last week asking about our evidence for the I-134 and explained my situation and that we have a co-sponsor, and they emailed me back saying ¨You should be fine with the documents you listed in your email.¨ I even printed this email off so my fiance could show it to the consule, should he have any probelms, but of course she didn´t want to see anything he had brought.

Then THE KICKER IS that she told him I need to have an ORIGINAL signed contract from the job I will be returning to (I can probably get that) but that HE HAS TO HAVE AN ORIGINAL CONTRACT FOR A JOB THAT HE IS GOING TO WORK AT. Can you believe that? He won´t even have employment authorization when he first arrives!! Has anyone ever heard of this being requested? He asked her why wouldn´t it be enough just to have MY FIANCEE¨S (the USC) signed contract and she said ¨The more evidence you have the better,¨ but apparently only the evidence she wants to see since my co-sponsor´s evidence and everything else we brought was not even looked at.

Any advice or similar experiences? We are so upset right now. It is the most frustrating feeling to feel that you have everything in order and then most of what you brought is not even looked at while something unheard of is demanded, just because this woman doesn´t know what she is talkng about and is on a power trip. My fiance said she was really rude and just kept repeating ¨You can´t be a burden to the state, how do we know you´re going to work and not go on welfare?¨ and things like that.

[Old Dominion 26]

Cosponsors are always allowed for K-1 visa applications. That will settle any questions about needing welfare when he is here. One wonders if there was something about his appearance or background that caused this CO to behave that way. Did he make an effort to dress in his "Sunday best?"

[Skyler 0]

As far as appearance, of course he dressed nicely, although he is dark skinned and many people are racist, so that could be it. He has never had any problems to suggest it would be anything in his background. He has been employed since ha has been an adult, no kids, never been married, clean police record.

[Dakine 26]

Were you guys denied ? Are they senting the petition back to the US?

[Skyler 0]

No, here in El Salvador they give you two interviews, the first one is mainly to collect the paperwork and make sure everything is in order, then the second one they ask you more questions and tell you if you are approved or denied for the visa. But he will be meeting with the same consul next Friday, and she told him he needs to bring the contract, so... I assume we will be denied if he doesn´t have it. I would really like to try and remedy the situation BEFORE a denail, as I have heard that appeals take for ever. And I really think that she just gave him the WRONG INFORMATION, so I have emailed the embassy a few times in the past so I emailed them again explaining the situation to see if she was indeed wrong to tell him he can´t have a co-sponsor with the K1 visa. But even if they write back and say she was wrong, what can we do at the time of the interview? He tried to show her the email that they had said the documents he was providing ¨should be sufficient¨ and she wouldn´t let him show anything, she would ony take what SHE asked for.

So, anyway, we are going to try and get him a job contract but it will be tough in a week. We are thinking positive and hoping he will get the visa.

[eric_and_teresa 10]

Skyler, I'm so sorry to read this! I just read your post about the interview on the Latin forum!

Did the person who interviewed your fiance was an american citizen? Was he/she a Vice-Consul? Or was he/she an officer from the US Embassy that was not american? I'm asking you this because the guatemalan woman who checked my documents BEFORE I was interviewed by the American Vice-Consul, gave me ALL the wrong information too! She also said that our I-134 was misfiled and that we needed a co-sponsor (which we did not). I was so upset cuz she was pretty rude to me and tried to explain her in vain. She kept insisting that I did not meet the requirements and that the Vice-Consul was gonna tell me the same. Thank God when I finally spoke to the Vice-Consul (american lady) she did not mention anything about what this idiot said to me! She threw away the recomendation the guatemalan officer had written and put on my file, and approved my K-1 that same day! BUT in Guatemala you have the pre-checking of the documents and the actual interview the same day, one after the other, unlike in El Salvador. I'm sure this is the same case of your fiance, he just had the bad luck to be interviewed by one of this morons who have no idea of what they are talking about!

There is NO way that your fiance needs to have a written and signed contract to be able to get the K-1 he does not even have a Employment Authorization Document at this point, how in the world would he have an employer already? This person is nuts!

Are you in El Salvador now? I suggest you go with your with your fiance to the second interview, and if this lady keeps saying the same BS you ask her as "nicely" as you can, to speak to her superior. She is wrong!

It just irks me how this people can mess with us! They don't know how to do their own job! I had the exact same problem! If you got time read the review of my K-1 interview. and also, the same lady who said all those things was the same lady who months before the interview sent me by email the list of documents for the K-1 and AGAIN she made the mistake to send me the list of documents for residency applicants! UGhhh!

Take a deep breath, everything will be fine! Just try to be there with your fiance for the next interview, if it is not possible tell him to ask to speak to someone else if he gets the same person! SHe is wrong, there is not such thing as needing an employer in advanced for a K-1 this is not a work related visa! What a moron she is! On the other hand some embassies do no accept co-sponsors for K-1, but I dont know if this is the cases of El Salvador, why don't you try sending a PM to another VJer who also went through El Salvador Embassy. My bet is that she is wrong about this too!

Big hugs to you and keep me posted!

Edited November 29, 2008 by eric_and_teresa

[Thai family 0]

I'm so sorry to hear about your situation. We were told by a visa information specialist in DC to write a notarized letter explaining why the petitioner was not required to file taxes in 2007. My son also used this letter to make a strong, concise case in plain English as to why his wife would not become a public charge. He backed his claims with extensive supporting documentation. He even included his cumulative SS earnings statement, the last couple of tax transcripts from when he did file, his college transcripts and evidence of not being being able to work abroad per the terms of his student visa. He included evidence of receiving his VA education benefits which had been providing his support. In the bottom of the file was an I-134 from Dad. We don't know if they even opened that envelope. My husband wrote on the I-134 he filled out "I fully expect that my son will more than adequately be able to provide for his wife, (insert work and education history), but am willing and able to provide a safety net for my daughter-in-law if the need arises". I'd try to give them what they're asking for and also give them your notarized letter. Put the letter on the top of the I-134 package where it cannot be missed.

Thai Mom

Contacting Visa Services - Information is available to the public by telephone at the Visa Services, Public Inquiries Division at (202) 663-1225. The telephone number provides the caller with a selection of pre-recorded information and the ability to talk to a visa specialist during business hours. Persons desiring information about a specific visa applicant are advised that immigration law provides specific prohibitions about providing case specific information to third parties. Before calling with a visa inquiry, we request that you carefully review this website and also the Embassy Consular Website abroad. NOTE: When making a visa inquiry, Public Inquiries Division prefers that you contact us by telephone or e-mail. The Public Inquiries Division is not able to accept visa inquiries by Fax .

Important Telephone Numbers and E-mail Addresses

For inquiries about visa cases and the application process call: 202-663-1225.

To e-mail the Visa Office for general information, write us at usvisa@state.gov .

Note: If you call, expect to be on hold for 10-15 minutes prior to speaking with a visa specialist. At least they have a simple menu.

[Skyler 0]

Thank you Teresa and Thai Family for the responses!!! We feel so much better with your support, and especially knowing that you went through the same thing Teresa and still got the visa!!!

We´re going to try and email and call as many people as we can to see if we can get evidence that THIS LADY IS WRONG. We are also going to try and get what she requested in case we don´t hear back from any govt agencies or get any backup that she is wrong. However, asking an employer to provide a work offer for someone who doesn´t even have work authorization could put the employer in a bad situation so we are going to have to pay for a lawyer to look it over, and also pay to have everything Fedexed down here, but better that then a denial.

Thai Family, thanks for the suggestion about the letter. The problem is, this consul refused to look at anything! My fiance brought a letter like the one you described, with an expalnation of my work situation, evidence that I am living down here, and a letter from my employer stating that they will re-hire me and how much I was making, but she refused to look at any of it. It´s a good idea to bring evidence that I graduated from the University, since this lady might take that seriously, because I think she thinks we are both bums or something, and I just happen to have my transcripts so we´ll bring those too.

Thanks everyone for your support!!! We´ll keep you posted.