family not present at engagement ceremony

[JimVaPhuong 4,863]

I understand their 'reasonable person' argument Jim, but what I'm asking here is that, does the consulate give couples opportunities to justify or provide evidence for the reason for having a small engagement party or other red flags that they might have?

Sometimes yes. Sometimes no.

Sometimes the CO will ask to see pictures of the engagement ceremony and party, and ask some pointed questions about why, when, how many people, how much money, etc. Sometimes the first you'll hear about it being a problem is when it's written on the denial slip. There have been a lot of people who have said that the reasons stated on the denial slip didn't jive with what happened at the interview. One recent member got a denial slip that said (among other things) his fiancee didn't know anything about the city he lived in. He said they never asked her about the city he lives in at the interview.

I think Lucky summed it up pretty well. Know what your red flags are, and be prepared to address them at the interview if the subject comes up. There is abundant evidence that the preliminary decision is made before the interview begins. They make that preliminary decision based on what they've seen so far, which is the petition package and the documents submitted before the interview. If they are determined to deny you then it won't matter how many truckloads of evidence you bring to the interview - they won't look at it. On the other hand, if there's a problem area that they have some reservations about then having a lot of evidence might make all the difference.

Do the best you can. That's all you can do.

[kiki92 1]

Sometimes yes. Sometimes no.

Sometimes the CO will ask to see pictures of the engagement ceremony and party, and ask some pointed questions about why, when, how many people, how much money, etc. Sometimes the first you'll hear about it being a problem is when it's written on the denial slip. There have been a lot of people who have said that the reasons stated on the denial slip didn't jive with what happened at the interview. One recent member got a denial slip that said (among other things) his fiancee didn't know anything about the city he lived in. He said they never asked her about the city he lives in at the interview.

I think Lucky summed it up pretty well. Know what your red flags are, and be prepared to address them at the interview if the subject comes up. There is abundant evidence that the preliminary decision is made before the interview begins. They make that preliminary decision based on what they've seen so far, which is the petition package and the documents submitted before the interview. If they are determined to deny you then it won't matter how many truckloads of evidence you bring to the interview - they won't look at it. On the other hand, if there's a problem area that they have some reservations about then having a lot of evidence might make all the difference.

Do the best you can. That's all you can do.

[/quote

That's comforting to know. So what the consulate does has no rhyme or reason, they based their decisions on the first impression of your file? If they like it, you're set, if they don't like it, you're doomed? Hmm, what happened to our basic rights as citizens, like the right to defend ourselves?

[JimVaPhuong 4,863]

That's comforting to know. So what the consulate does has no rhyme or reason, they based their decisions on the first impression of your file? If they like it, you're set, if they don't like it, you're doomed? Hmm, what happened to our basic rights as citizens, like the right to defend ourselves?

Oh, there is most definitely a method to their madness. The problem, from our perspective, is that they won't share that information with us. We can only see the results and try to read between the lines to understand what exactly they want.

Yes, their decisions are heavily swayed by their initial impressions based on the evidence in the file. They apparently know what they're looking for, both good and bad. If they see many of the bad things they're looking for and none of the good then you can probably expect a long harsh interview, followed by either a blue or white slip. On the other hand, if they see many of the good and little or none of the bad then you can probably expect a fairly short and easy interview.

It also depends on the consular officer. Some have a reputation for being more critical of the evidence than others.

Many people strongly recommend you frontload your petition with strong evidence to support your claim of a bonafide relationship, and also address any red flags you've got, specifically because they make the initial decision before the interview begins.

Neither the US citizen nor the foreign beneficiary have any rights whatever when it comes to immigration. As far as the law is concerned, they aren't punishing you in any way if they deny you. After you're denied you're in exactly the same position you were in before you started, aside from the fees you paid and the time you spent. Now, if USCIS sends a NOIR on the returned petition then it's a different story. If there's a P6C marker in the file then the consulate is accusing your fiancee of fraud, so you would definitely get a chance to defend against that accusation before they conclude it's a fact. Until then, you're just asking the government for a discretionary privilege. They don't have to let you beg if they say no.