some interview advice and logic... please!

[Yader&Sarah 0]

I am getting really stressed out about the interview, he (beneficiary) will have it at the Managua Consulate on Feb 13- I plan to go with him, as far as they'll let me. I've posted some earlier topics about a previous marriage/divorce and I won't repost.

I know that I'm letting my mother's 'worrying' genes take over, however, I do have some questions about the interview and hoping to hear from some of you with experience and similar situations.

-How much do they typically ask about a denied tourist visa? (we tried to get one in Oct 07, he was still legally married, and it is marked as such on his application)

-How much do they typically ask about previous marriage and divorce?

-I have been told numerous times that if the USCIS deemed our application as legitimate, it is rare that the consular interview will disagree with this decision and that the interview is basically to confirm the validity of the relationship on a face to face basis--- is this accurate?

-Does anyone know what the denial rate is for K-1s at interview stage?

-Any advice for preparing for the interview in general?

-and lastly, any advice for calming frayed nerves!?

Thanks all--as always I appreciate your support and advice!

Edited February 2, 2009 by Yader&Sarah

[Bern. 3]

For calming nerves, snuggle up on the couch with a good movie and a cup of hot chocolate.

[Yader&Sarah 0]

ok, my movie is almost over and I've drank the hot chocolate...

I guess the question I am most concerned about is this:

-How likely is it to be denied at the interview?

-And what are the odds that the Consulate will reject evidence that USCIS accepted? (I'm mainly concerned about these !?#%^ divorce papers again...USCIS accpeted them as legit (and as far as we know they are...)).

[beejay 123]

I am getting really stressed out about the interview, he (beneficiary) will have it at the Managua Consulate on Feb 13- I plan to go with him, as far as they'll let me. I've posted some earlier topics about a previous marriage/divorce and I won't repost.

I know that I'm letting my mother's 'worrying' genes take over, however, I do have some questions about the interview and hoping to hear from some of you with experience and similar situations.

-How much do they typically ask about a denied tourist visa? (we tried to get one in Oct 07, he was still legally married, and it is marked as such on his application)

-How much do they typically ask about previous marriage and divorce?

-I have been told numerous times that if the USCIS deemed our application as legitimate, it is rare that the consular interview will disagree with this decision and that the interview is basically to confirm the validity of the relationship on a face to face basis--- is this accurate?

-Does anyone know what the denial rate is for K-1s at interview stage?

-Any advice for preparing for the interview in general?

-and lastly, any advice for calming frayed nerves!?

Thanks all--as always I appreciate your support and advice!

It's normal to start getting nervous the closer the interview gets but it sounds like you have nothing to worry about. A denied tourist visa usually has no effect on a k1 visa (Unless there was a specific reason for the denial beyond 'not enough sufficient ties to home country'). My husband was denied a tourist visa prior to our filing of the k1 and we weren't even asked about it. A denied tourist visa is a pretty common thing depending on what country your from.

As far as the previous marriage is concerned as long you have the paperwork to prove it is over and you filed your petition after the divorce was finalized you should be fine.

The talk I gave myself before our interview (my then fiance's interview but we lived together so I was at the interview with him) was we have a legitimate relationship they won't really ask us anything we don't know the answer to. If there's any paperwork they want that we don't have they won't deny us they will give us time to get it.

Best of luck to you

[SingleCharles 0]

I agree with Beejay. At this point, you are on the home stretch. I would expect you are okay as long as you have the paperwork, and that sparkle in your eye for each other.

Good luck!

Charles

[Yader&Sarah 0]

I am getting really stressed out about the interview, he (beneficiary) will have it at the Managua Consulate on Feb 13- I plan to go with him, as far as they'll let me. I've posted some earlier topics about a previous marriage/divorce and I won't repost.

I know that I'm letting my mother's 'worrying' genes take over, however, I do have some questions about the interview and hoping to hear from some of you with experience and similar situations.

-How much do they typically ask about a denied tourist visa? (we tried to get one in Oct 07, he was still legally married, and it is marked as such on his application)

-How much do they typically ask about previous marriage and divorce?

-I have been told numerous times that if the USCIS deemed our application as legitimate, it is rare that the consular interview will disagree with this decision and that the interview is basically to confirm the validity of the relationship on a face to face basis--- is this accurate?

-Does anyone know what the denial rate is for K-1s at interview stage?

-Any advice for preparing for the interview in general?

-and lastly, any advice for calming frayed nerves!?

Thanks all--as always I appreciate your support and advice!

It's normal to start getting nervous the closer the interview gets but it sounds like you have nothing to worry about. A denied tourist visa usually has no effect on a k1 visa (Unless there was a specific reason for the denial beyond 'not enough sufficient ties to home country'). My husband was denied a tourist visa prior to our filing of the k1 and we weren't even asked about it. A denied tourist visa is a pretty common thing depending on what country your from.

As far as the previous marriage is concerned as long you have the paperwork to prove it is over and you filed your petition after the divorce was finalized you should be fine.

The talk I gave myself before our interview (my then fiance's interview but we lived together so I was at the interview with him) was we have a legitimate relationship they won't really ask us anything we don't know the answer to. If there's any paperwork they want that we don't have they won't deny us they will give us time to get it.

Best of luck to you

This is my major concern. His lawyer gave him the divorce papers, knowing we were waiting to file. We sped them off to get them translated, and to my lawyer and turned in the K-1. Then 17 days after we received our NOA1 he recieved another set of divorce papers. Neither of us understand what the difference is...he is going to call his lawyer again tomorrow...

...but if we made it past the USCIS stage with just the first set, can they suddenly claim that they aren't enough at the interview stage?

As far as proving relationship we have problem. I'm just really freaked out about these papers. Our lawyer said dont mention the second set unless they ask, and if they do, just say what I said above...that we honestly thought the first set was it (and we did...), but bring the second along just in case.

I am now beyond freaked out and I'm not sure if I'm overreacting or if this is legitimate...and if it is legitimate, what do we/can we do?

[Hell0W0rld 10]

no advice here, I just want to Wish you luck!! you'll do fine!!!

[beejay 123]

I just read your other posts. It does sound like an unfortunate situation. How do you know the first papers aren't the legal divorce papers? What's the difference between the two?

I guess the best thing to do is follow the advice of your lawyer. If you present both and they decide the 2nd papers are the legal divorce then, not to freak you out, but I believe you would have to start over and refile your petition. Or you could get married in Nica and apply for a spouse visa.

Sorry I can't offer any better advice. I hope everything goes ok at the interview. No matter what happens it will work out. It just may take more time.

good luck

[pushbrk 12,883]

I just read your other posts. It does sound like an unfortunate situation. How do you know the first papers aren't the legal divorce papers? What's the difference between the two?

I guess the best thing to do is follow the advice of your lawyer. If you present both and they decide the 2nd papers are the legal divorce then, not to freak you out, but I believe you would have to start over and refile your petition. Or you could get married in Nica and apply for a spouse visa.

Sorry I can't offer any better advice. I hope everything goes ok at the interview. No matter what happens it will work out. It just may take more time.

good luck

Since the second set of divorce papers cannot possibly help, I would not show them to a Consular officer. Denial rates are meaningless. Most denials are for missing paperwork or otherwise failing to comply with requirements. If your only issue is the divorce papers and USCIS has accepted them, I wouldn't anticipate a problem in that regard. If there is one, you'll need to start over.

[KimandRuss 0]

So many things are Embassy specific.

For most of us the interview is just the last necessary evil to re-connecting with our loved ones. But, at higher fraud posts, it is certainly the most stressful time because relationships are scrutinized so much due to all the fraud.

Nicaragua seems to have some pretty good reviews so the only real concern iseems to be his divorce papers. I would also do as your lawer stated and not mention the 'other papers' unless asked. Hopefully it was just a second set and they'll just fly right by it.

Have you googled divorce in his Country and looked for what the 'final' document would look like or how the process works?

[Gary and Alla 3,694]

I just read your other posts. It does sound like an unfortunate situation. How do you know the first papers aren't the legal divorce papers? What's the difference between the two?

I guess the best thing to do is follow the advice of your lawyer. If you present both and they decide the 2nd papers are the legal divorce then, not to freak you out, but I believe you would have to start over and refile your petition. Or you could get married in Nica and apply for a spouse visa.

Sorry I can't offer any better advice. I hope everything goes ok at the interview. No matter what happens it will work out. It just may take more time.

good luck

Since the second set of divorce papers cannot possibly help, I would not show them to a Consular officer. Denial rates are meaningless. Most denials are for missing paperwork or otherwise failing to comply with requirements. If your only issue is the divorce papers and USCIS has accepted them, I wouldn't anticipate a problem in that regard. If there is one, you'll need to start over.

Relax. The petition would not be approved without legal divorce papers. The second set are probably a set which indicates the divorce has been officially registered with the government, he was legally divorced before. When the judge knocks the gavel, you are divorced (if they have gavels in Nicaruagua)

Consulates vary, our interview was no questions asked. If your papers are in order and you have a legitimate relationship, don't worry. Check the reviews of the embassy for his country.

Good luck

[pushbrk 12,883]

I just read your other posts. It does sound like an unfortunate situation. How do you know the first papers aren't the legal divorce papers? What's the difference between the two?

I guess the best thing to do is follow the advice of your lawyer. If you present both and they decide the 2nd papers are the legal divorce then, not to freak you out, but I believe you would have to start over and refile your petition. Or you could get married in Nica and apply for a spouse visa.

Sorry I can't offer any better advice. I hope everything goes ok at the interview. No matter what happens it will work out. It just may take more time.

good luck

Since the second set of divorce papers cannot possibly help, I would not show them to a Consular officer. Denial rates are meaningless. Most denials are for missing paperwork or otherwise failing to comply with requirements. If your only issue is the divorce papers and USCIS has accepted them, I wouldn't anticipate a problem in that regard. If there is one, you'll need to start over.

Relax. The petition would not be approved without legal divorce papers. The second set are probably a set which indicates the divorce has been officially registered with the government, he was legally divorced before. When the judge knocks the gavel, you are divorced (if they have gavels in Nicaruagua)

Consulates vary, our interview was no questions asked. If your papers are in order and you have a legitimate relationship, don't worry. Check the reviews of the embassy for his country.

Good luck

What makes a divorce final varies widely even within the US but if USCIS approved the petition, it would be rare for a Consular officer to question whether a divorce was final.

No judge banged any gavel for either of my divorces.

[Yader&Sarah 0]

Relax. The petition would not be approved without legal divorce papers. The second set are probably a set which indicates the divorce has been officially registered with the government, he was legally divorced before. When the judge knocks the gavel, you are divorced (if they have gavels in Nicaruagua)

Consulates vary, our interview was no questions asked. If your papers are in order and you have a legitimate relationship, don't worry. Check the reviews of the embassy for his country.

Good luck

This is a possibility? I thought the date they were asking for is and when a divorce is official is when it is registered?

They can be two different things? My fiance seems pretty convinced that it was legal in the first set, but I know the way divorce usually works here, is that it is not 'final' until several months later.

I keep trying to calm myself down and think that if USCIS approved us without an RFE or anything, it must be ok. but how do they know what Nicaraguan divorce papers look like? I didn't, my fiance didn't, neither did my laywer, they both look and say vritually the same thing... but I'm sure there is some difference I can't see. I would think that the consulate in Nicaragua would be much more savvy to what nicaraguan divorce papers look like...

My lawyer's office seems to think it wont be a problem because it wasn't at USCIS and that if it is, it was an honest mistake by less than one week, and why would we just not have waited that week. But that isn't enough of an answer for me...at all...I'm going to talk to my lawyer this afternoon.

Thanks for all your input!

[Yader&Sarah 0]

What makes a divorce final varies widely even within the US but if USCIS approved the petition, it would be rare for a Consular officer to question whether a divorce was final.

No judge banged any gavel for either of my divorces.

I think we are also really hung up on what date to say he was divorced. because it is never clearly stated. Just this paper was handed to this person on this day, and this person said this on this day, and agreed to this at this time on this day. Never does it say, and boom, divorce final on this day.

So I'm afraid he's going to get hung up on dates and they are goign to be like, woah, wait a sec, not right, and all hell breaks loose...

[beejay 123]

Since the second set of divorce papers cannot possibly help, I would not show them to a Consular officer. Denial rates are meaningless. Most denials are for missing paperwork or otherwise failing to comply with requirements. If your only issue is the divorce papers and USCIS has accepted them, I wouldn't anticipate a problem in that regard. If there is one, you'll need to start over.

This seems like the most logical advice to me. I would just assume the first ones are fine, especially if you can't tell the difference. Maybe a lazy clerk filed it twice. The USCIS didn't seem to have a problem with them. There isn't anything you can do now so I wouldn't worry about until the CO actually gives you a reason to worry about it. At that point you've either gotten the visa or you will have to refile. They may not even ask you about it.

Can you ask your lawyer about what date according to the first paper it says the divorce was final?

If there is no date on the papers I guess I would go with the day you received them, the ones that you sent to USCIS.