Does embassy have full k-1 petition application?

[ryecatcher25 0]

I am going through the manila embassy, but i think this question would apply to all embassies since everything goes through the national visa center.

What items are sent to the embassy? How much information does the USCIS pass on the the individual embassies? For example i sent copies of emails and photos that i had written my fiancee to help prove that we had met within the last 2 years. Will the embassy recieve these items? OF course i am going to have my fiancee prepared with plenty of evidence, but i was just wondering if the embassy official will have already looked at the evidence i submitted with the intial petition. I have read other people say that the embassy officials were already convinced or their relationship before they even present any additional evidence because they had already submitted so much. But i was just wondering if this happened in all cases.

Any thoughts?

[jmoon87 0]

Bring a copy of everything , my birth certificate got lost in transit but luckily i had a copy with me ..good luck

[ryecatcher25 0]

yes definately i will send copies of all evidence, but i wonder if embassy official has already looked at all the evidence i sent initially

[aussiewench 9]

I imagine so yes. As the Conof is rewiewing not only evidence and documents submitted at the interview but also documents and evidence that has been forwarded to the embassy. As you say, there are members who have been denied in what seems to be circumstances where they were not even asked to submit further evidence that they had on hand. That their mind had already been made up. I find it interesting on reading the link provided below when it comes to what a Conof cannot do, yet they appear to do just that.

8. When a petition is returned to DHS, if DHS concurs with the

officer''s recommendation, DHS regulations require DHS/BCIS to

provide the petitioner notice of intent to revoke, and to allow

the petitioner an opportunity to rebut the grounds for

revocation. DHS regulations require that, in the case of

nonimmigrant petitions, the revocation must be based only on

grounds specified in the regulations. Those grounds include

evidence that the statement of facts in the petition was not

true and correct, or that the approval involved gross error.

The FAM often only summarizes the petition approval criteria

because they are too lengthy and complicated to reproduce fully

(the H regulations, for example, contain about 25 pages of

double column material). Absent access to the full DHS

regulations, conoffs may not be aware of all of the factors

considered by DHS in approving a petition. In addition, conoffs

are normally less knowledgeable about the basis for petition

eligibility than DHS personnel; they therefore should not jump

to conclusions regarding petitions. In addition, conoffs should

return petitions only where there is specific, material and

clear evidence to provide the DHS a basis to initiate petition

revocation procedures.

http://travel.state.gov/visa/laws/telegrams/telegrams_1388.html

[ufkenmill 0]

I imagine so yes. As the Conof is rewiewing not only evidence and documents submitted at the interview but also documents and evidence that has been forwarded to the embassy. As you say, there are members who have been denied in what seems to be circumstances where they were not even asked to submit further evidence that they had on hand. That their mind had already been made up. I find it interesting on reading the link provided below when it comes to what a Conof cannot do, yet they appear to do just that.

8. When a petition is returned to DHS, if DHS concurs with the

officer''s recommendation, DHS regulations require DHS/BCIS to

provide the petitioner notice of intent to revoke, and to allow

the petitioner an opportunity to rebut the grounds for

revocation. DHS regulations require that, in the case of

nonimmigrant petitions, the revocation must be based only on

grounds specified in the regulations. Those grounds include

evidence that the statement of facts in the petition was not

true and correct, or that the approval involved gross error.

The FAM often only summarizes the petition approval criteria

because they are too lengthy and complicated to reproduce fully

(the H regulations, for example, contain about 25 pages of

double column material). Absent access to the full DHS

regulations, conoffs may not be aware of all of the factors

considered by DHS in approving a petition. In addition, conoffs

are normally less knowledgeable about the basis for petition

eligibility than DHS personnel; they therefore should not jump

to conclusions regarding petitions. In addition, conoffs should

return petitions only where there is specific, material and

clear evidence to provide the DHS a basis to initiate petition

revocation procedures.

http://travel.state.gov/visa/laws/telegrams/telegrams_1388.html

Great post aussie, I'm sure the consulate officers are not too thrilled about seeing that they are "normally less knowledgeable" than DHS personnel. It's promising though to see this just due to the fact that it's almost encouraging the officers to not be arbitrary when it comes to denial...

[Jaci 0]

yes definately i will send copies of all evidence, but i wonder if embassy official has already looked at all the evidence i sent initially

Dear Ryecatcher,

It has been my experience that it is extremely unsafe to assume that

your CO has seen evidence you included with your petition. Although

some of us do include it exactly for the reason of hoping to predispose

our CO's to easy interview, sometimes the CO sees nothing but some

basic general info about your approval prior to meeting you.

After my husband (then fiancee) was given a 221g denial and

our petition returned to USCIS our attorney explained that one simply

can not assume the CO ever saw the original petition or any evidence

submitted with it. As absolutely stupid as that sounds to me, it would

explain some of the comments the CO made to me personally.

That was a LONG time ago, and we're still separated.

Bringing a complete copy of the petition is great and adviseable, but if you have

letters or cards from your fiance in there you want to have the actual stuff and

not just copies in your petition.

It would have been much better if I had collected up the stuff my fiance sent

to me (Emails, letters, cards), and sent it all back to him for interview,

even though I had already submitted copies of most of it with my petition.

Sorry, I don't mean to scare you, but I'd rather scare you a little than see you

post about 221g issues later. Be safe.

Wishing you all the best,

Jaci

[motu 5]

I would also add that some consulates are 'tougher' than others. So read up on people's experiences through the Manila consulate and send what makes you comfortable. There is no way to guarantee that submitting a ton of evidence will help the process or submitting bare minimum will impede the process (I sent in bare minimum with the petition and she had a little more at the interview - emails, chat records - she says she was well organized and could produce anything they asked for and hence it was 'very easy'.) Good Luck