Illegal Interview Questions?

[MARM 7]

I remember reading somewhere on this forum (or was it another forum... ) that there are questions that are illegal for the consular/interviewer to ask the fiance/fiancee applying for the K-1/K-3 visa. Anyone know what questions are considered "illegal"?

Edited December 2, 2008 by MARM

[TBoneTX 45,267]

Anyone know what questions are considered "illegal"?

In a K-1 interview, it is borderline (or actual) harassment for the consul or his/her Foreign Service National goons to ask about a couple's sex life, and even worse to insist on answers. Such questions are illegal in government and in the private sector. The interviewer should be told this, and something akin to "What other subjects do you wish to inquire about?" added.

[rocks 494]

Anyone know what questions are considered "illegal"?

In a K-1 interview, it is borderline (or actual) harassment for the consul or his/her Foreign Service National goons to ask about a couple's sex life, and even worse to insist on answers. Such questions are illegal in government and in the private sector. The interviewer should be told this, and something akin to "What other subjects do you wish to inquire about?" added.

i'd hope that no one would ask me a question like that! does this mean that someone has actually experienced this..?

[pushbrk 12,876]

Anyone know what questions are considered "illegal"?

In a K-1 interview, it is borderline (or actual) harassment for the consul or his/her Foreign Service National goons to ask about a couple's sex life, and even worse to insist on answers. Such questions are illegal in government and in the private sector. The interviewer should be told this, and something akin to "What other subjects do you wish to inquire about?" added.

i'd hope that no one would ask me a question like that! does this mean that someone has actually experienced this..?

Yes and such questions are legal and are sometimes (rarely) asked in appropriate circumstances. Consular officers abroad are not forbidden to ask questions that would get a government employee disciplined or fired when dealing with Citizens or co-workers.

Generally such questions are only asked when an assertion has been made. Sexual relations are not a requirement in a bona fide relationship, certainly for a fiance(e) but not even for husband and wife but if you assert you're having such relations and the CO has reason to doubt you're telling the truth, they are allowed to pursue a line of questioning to determine the truth. It's a visa interview not a job interview.

Edited December 2, 2008 by pushbrk

[anitacastillo 0]

It may make a person uncomfortable, but the CO is trying to determine based on limited info whether this is a true romantic/love relationship - not fraud. It is a priviledge to the USC to petition for a foreign spouse/finance. Interviewing the petitioner and beneficiary separately is one method to review the visa request - and used in some consulates/cases.

We were asked what type of contraceptive we used during our first sexual relationships, and whether we had had sex the previous day.

There is a true story of a man trying to bring his wife from the Dominican Republic. They were interviewed separately and asked when they first had sex. He truthfully answered, after their third date. She, modestly lied, after they were married. Their visa was denied and they have had to start all over.

We are all adults, we all have sex -- they aren't asking what position you prefer

[pushbrk 12,876]

Along this line of thought, I had an interesting conversation with a Special Agent of the State Department's Diplomatic Security Service Sunday evening. It didn't cover topics of purient interest but we did go into visa fraud and passport fraud investigation techniques and procedures. It was more information on "background" than any details to post here.

I'll add that I've heard of a lot more instances of "intimate" questions coming from USCIS adjudicators in AOS cases than Consular Officers in visa cases.

[MARM 7]

Anyone know what questions are considered "illegal"?

In a K-1 interview, it is borderline (or actual) harassment for the consul or his/her Foreign Service National goons to ask about a couple's sex life, and even worse to insist on answers. Such questions are illegal in government and in the private sector. The interviewer should be told this, and something akin to "What other subjects do you wish to inquire about?" added.

i'd hope that no one would ask me a question like that! does this mean that someone has actually experienced this..?

Yes and such questions are legal and are sometimes (rarely) asked in appropriate circumstances. Consular officers abroad are not forbidden to ask questions that would get a government employee disciplined or fired when dealing with Citizens or co-workers.

Generally such questions are only asked when an assertion has been made. Sexual relations are not a requirement in a bona fide relationship, certainly for a fiance(e) but not even for husband and wife but if you assert you're having such relations and the CO has reason to doubt you're telling the truth, they are allowed to pursue a line of questioning to determine the truth. It's a visa interview not a job interview.

You mention that "Consular officers abroad are not forbidden to ask questions that would get a government employee disciplined or fired when dealing with Citizens or co-workers."

Consular officers are government employees, so would they be disciplined/fired if they ask such questions in appropriate circumstances? Or are they the exception to the rule? What I mean to say is, if consular officers resorted to asking such questions if they felt they had to, no action would be taken against them by the government? They would not face any action because of asking such questions?

[pushbrk 12,876]

Anyone know what questions are considered "illegal"?

In a K-1 interview, it is borderline (or actual) harassment for the consul or his/her Foreign Service National goons to ask about a couple's sex life, and even worse to insist on answers. Such questions are illegal in government and in the private sector. The interviewer should be told this, and something akin to "What other subjects do you wish to inquire about?" added.

i'd hope that no one would ask me a question like that! does this mean that someone has actually experienced this..?

Yes and such questions are legal and are sometimes (rarely) asked in appropriate circumstances. Consular officers abroad are not forbidden to ask questions that would get a government employee disciplined or fired when dealing with Citizens or co-workers.

Generally such questions are only asked when an assertion has been made. Sexual relations are not a requirement in a bona fide relationship, certainly for a fiance(e) but not even for husband and wife but if you assert you're having such relations and the CO has reason to doubt you're telling the truth, they are allowed to pursue a line of questioning to determine the truth. It's a visa interview not a job interview.

You mention that "Consular officers abroad are not forbidden to ask questions that would get a government employee disciplined or fired when dealing with Citizens or co-workers."

Consular officers are government employees, so would they be disciplined/fired if they ask such questions in appropriate circumstances? Or are they the exception to the rule? What I mean to say is, if consular officers resorted to asking such questions if they felt they had to, no action would be taken against them by the government? They would not face any action because of asking such questions?

Yes, laws and regulations apply in combination with context and circumstances. For instance, a police officer is certainly within the law to ask about sexual relationships or even details of genital appearance, within the perfomance of their duties. The same goes for all investigatory functions while performing "law enforcement" (including immigration law) duties. Material misrepresentations to a USCIS adjudicator or Consular Officer are "crimes". As such, those officials are allowed to "interogate" suspected criminals, as needed.

You get a ticket for driving 20 MPH over the limit but the officer doing his duty catching you does not.

[MARM 7]

Anyone know what questions are considered "illegal"?

In a K-1 interview, it is borderline (or actual) harassment for the consul or his/her Foreign Service National goons to ask about a couple's sex life, and even worse to insist on answers. Such questions are illegal in government and in the private sector. The interviewer should be told this, and something akin to "What other subjects do you wish to inquire about?" added.

i'd hope that no one would ask me a question like that! does this mean that someone has actually experienced this..?

Yes and such questions are legal and are sometimes (rarely) asked in appropriate circumstances. Consular officers abroad are not forbidden to ask questions that would get a government employee disciplined or fired when dealing with Citizens or co-workers.

Generally such questions are only asked when an assertion has been made. Sexual relations are not a requirement in a bona fide relationship, certainly for a fiance(e) but not even for husband and wife but if you assert you're having such relations and the CO has reason to doubt you're telling the truth, they are allowed to pursue a line of questioning to determine the truth. It's a visa interview not a job interview.

You mention that "Consular officers abroad are not forbidden to ask questions that would get a government employee disciplined or fired when dealing with Citizens or co-workers."

Consular officers are government employees, so would they be disciplined/fired if they ask such questions in appropriate circumstances? Or are they the exception to the rule? What I mean to say is, if consular officers resorted to asking such questions if they felt they had to, no action would be taken against them by the government? They would not face any action because of asking such questions?

Yes, laws and regulations apply in combination with context and circumstances. For instance, a police officer is certainly within the law to ask about sexual relationships or even details of genital appearance, within the perfomance of their duties. The same goes for all investigatory functions while performing "law enforcement" (including immigration law) duties. Material misrepresentations to a USCIS adjudicator or Consular Officer are "crimes". As such, those officials are allowed to "interogate" suspected criminals, as needed.

You get a ticket for driving 20 MPH over the limit but the officer doing his duty catching you does not.

Ok got it, so unless you give the consular a reason to investigate and ask such questions, they will not ask them.

[DanielParul 50]

The key is to be truthful with every answer and not fall into that trap. Its easier to look through the truth for the COs too coz then there is consistancy in your answers and they will not be pushed to ask very uncomfortable answers. Trust me, the questions they are 'legally allowed' to ask can be a lot more uncomfortable than the 'illegal' ones if someone is lying.

[When2RNLove 6]

It may make a person uncomfortable, but the CO is trying to determine based on limited info whether this is a true romantic/love relationship - not fraud. It is a priviledge to the USC to petition for a foreign spouse/finance. Interviewing the petitioner and beneficiary separately is one method to review the visa request - and used in some consulates/cases.

We were asked what type of contraceptive we used during our first sexual relationships, and whether we had had sex the previous day.

There is a true story of a man trying to bring his wife from the Dominican Republic. They were interviewed separately and asked when they first had sex. He truthfully answered, after their third date. She, modestly lied, after they were married. Their visa was denied and they have had to start all over.

We are all adults, we all have sex -- they aren't asking what position you prefer

This sort of questioning never crossed my mind. Im not the shy type and if I'm ever questioned about it. I would give my honest answer and add a little something to that answer. e.g. yes, and we did it doggy sytle.

[pushbrk 12,876]

Ok got it, so unless you give the consular a reason to investigate and ask such questions, they will not ask them.

Pretty much, yes. Be aware though, that you may give a reason without intending to. You don't determine whether you did or didn't. They do.

[TBoneTX 45,267]

i'd hope that no one would ask me a question like that! does this mean that someone has actually experienced this..?

Yes -- at least two K-1 couples, and almost certainly more, at the rogue Guayaquil consulate.

but if you assert you're having such relations and the CO has reason to doubt you're telling the truth, they are allowed to pursue a line of questioning to determine the truth. It's a visa interview not a job interview.

I concede to the excellent Pushbrk that this is almost certainly accurate in general, but it did not apply in the cases of the two couples mentioned above. Furthermore, the questions were asked by a Foreign Service National (not by any U.S. official) during Stokes interrogations (which had been advertised as "joint" "marriage" interviews).

You mention that "Consular officers abroad are not forbidden to ask questions that would get a government employee disciplined or fired when dealing with Citizens or co-workers." Consular officers are government employees, so would they be disciplined/fired if they ask such questions in appropriate circumstances? Or are they the exception to the rule? What I mean to say is, if consular officers resorted to asking such questions if they felt they had to, no action would be taken against them by the government? They would not face any action because of asking such questions?

Yes, laws and regulations apply in combination with context and circumstances. For instance, a police officer is certainly within the law to ask about sexual relationships or even details of genital appearance, within the perfomance of their duties. The same goes for all investigatory functions while performing "law enforcement" (including immigration law) duties. Material misrepresentations to a USCIS adjudicator or Consular Officer are "crimes". As such, those officials are allowed to "interogate" suspected criminals, as needed.

I have been advised by three former consular officers -- two of whom are immigration attorneys in active practice -- to file an after-visa complaint with the Department of State and with the Consul General regarding the treatment before, during, and after our so-called "interviews."

Ok got it, so unless you give the consular a reason to investigate and ask such questions, they will not ask them.

Nothing is ever 100% in business, medicine, or government, except that all consular interviewers are behind Plexiglass. Edited December 3, 2008 by TBoneTX

[Big Baby 11]

US Consular officials can do as they please. You have the right to complain about abuse. They have the right to deny your visa and send it back to USCIS or to keep it in purgatory at the Consular level indefinitely with no Congressman or Senator able to do anything about it. So, do you still wish to complain? Your choice. If you wish to complain, you may contact the Office of the Inspector General (OIG) for the Department of State. However, the same Consular Official you are complaining about may very well be the one eventually reviewing your case the second or third time ... after you have submitted RFEs until eventually all your paperwork is expired.

[NigeriaorBust 4,087]

We were asked " Did your father die because you are marrying a white woman? " apparently a legal question