NVC Filers - February 2012

[Rujby 23]

IV package:

-bar-coded cover sheet from payment portal (after IV bill is paid) I don t have it yet

-DS-230 (only sign and date part 1, leave part 2 unsigned and undated, you sign this part at the interview) I have it with my wife

-2 passport-style pictures of beneficiary (2 inches by 2 inches)I have it with my wife

-original/certified copy of beneficiary's birth certificate Have it with my wife

-original/certified copy of marriage certificate Have it with my wife

-original police certificates (see info here on PCCs: http://travel.state.gov/visa/immigrants/info/info_3195.html#police)no need it for Haiti my country-

copy of bo-data page of beneficiary's passport Have it with my wife

Plz look all these i have

[Amanda&Elvio 12]

AOS fee changed to PAID. I sent the AOS and IV packages to my parents on Monday. When I sent the I-130 it took 3 weeks to get to the States but that was including Christmas and New Year's so hopefully they'll get there faster this time...

[foobaz123 39]

Oh, I can take our cat to the interview?? I didn't know that!

Seriously, it's so awful. I'm gonna go through a supposedly easy consulate, and I'm already scared. Why do they have to make your life hell?? Can't they do their jobs remaining civil and respectful of other human beings??

I was reading an embassy review yesterday, I think it was in Dominican Republic, and the CO asked both the USC and the spouse separately if they had sex the night they 1st met in person, and if they had sex the night before the interview, and what kind of birth control method they were using. Are you f*cking kidding me???!! Mind your own genitals!! The way they sneak into your life and show no respect for your privacy is SO outraging...

The following is speculation based on various observations.. take it for what it is worth...

Consulates around the world seem to fall in to a few basic categories...

The ultra easy: Canada/UK/France

The somewhat easy: VWP countries in general

The somewhat difficult: Everyone not in category 1, 2 or 4

The pretty damned hard to practically impossible: China/India and other places like them.

When you're interviewing in that last category, you can pretty much expect anything to come out of the VOs mouth. Part of that is that since they are high fraud countries, there is no way to deny it, the VO is looking hard for a reason to deny the visa. This is the reason why front loading when applying in places like these is not optional. It is absolutely essential. It is common in these places for the VO to flat refuse to look at any evidence that didn't come with the petition in the first place. A lot of people end up screwed by this as the standards USCIS apply for 'evidence of a bonafied relationship' is no where near as high as in these places.

I'm sure you'll be fine. You're filing a DCF petition in a very easy country. Cake walk is the phrase that comes to mind.

For Sue and I, there are times I'm scared to death. We sent in 200+ pages of evidence, including a photo essay I did and all kinds of chat and email records. But that evidence is only worth something if the VO actually reads it all, assuming it even makes it to them and USCIS didn't drop it on the floor somewhere. Even with all that evidence, if the VO is having a bad day and decides to just grill her until she messes up then we're probably sunk. Not because she doesn't know me or because we don't have a real relationship, but simply because if you ask enough questions eventually you're going to hit on something she just doesn't know. We haven't been able to live together. I would bet a thousand dollars that given enough time they'll find something that flusters her, confuses her or she just doesn't know.

Then, BAM! Denial. We get to spend the next two to four years fighting DOS to prove the VO was wrong.

People here in the States rarely have any clue how difficult this process is and how prone to failure. They can't seem to understand why I'm so nervous and trying to make every thing perfect.

Sorry, seem to have gone off on a bit of a rant there...

[Laure&Colin 558]

Yeah I've seen some ridiculous interviews where some very inappropriate questions have been asked. But, if I were in that situation, I would just answer. The visa is on the line and I don't care what they ask, I'd just reply.

As far as I know though, France isn't like that, thankfully. Neither is Canada. As much as I'd like to say you don't need to be scared, I felt the very same way. But after the interview is over and you're approved, you'll laugh at how scared you were!

I'd have to bite my lips very hard to remain polite if I was asked this kind of question... I think I'd probably say "oh yes and we have some pictures"

I hope you're right. I know I have a lot less to worry about than most members here, but the uncertainty is really hard to live with. Where's my Hautes Côtes de Nuits again??

[Laure&Colin 558]

The following is speculation based on various observations.. take it for what it is worth...

Consulates around the world seem to fall in to a few basic categories...

The ultra easy: Canada/UK/France

The somewhat easy: VWP countries in general

The somewhat difficult: Everyone not in category 1, 2 or 4

The pretty damned hard to practically impossible: China/India and other places like them.

When you're interviewing in that last category, you can pretty much expect anything to come out of the VOs mouth. Part of that is that since they are high fraud countries, there is no way to deny it, the VO is looking hard for a reason to deny the visa. This is the reason why front loading when applying in places like these is not optional. It is absolutely essential. It is common in these places for the VO to flat refuse to look at any evidence that didn't come with the petition in the first place. A lot of people end up screwed by this as the standards USCIS apply for 'evidence of a bonafied relationship' is no where near as high as in these places.

I'm sure you'll be fine. You're filing a DCF petition in a very easy country. Cake walk is the phrase that comes to mind.

For Sue and I, there are times I'm scared to death. We sent in 200+ pages of evidence, including a photo essay I did and all kinds of chat and email records. But that evidence is only worth something if the VO actually reads it all, assuming it even makes it to them and USCIS didn't drop it on the floor somewhere. Even with all that evidence, if the VO is having a bad day and decides to just grill her until she messes up then we're probably sunk. Not because she doesn't know me or because we don't have a real relationship, but simply because if you ask enough questions eventually you're going to hit on something she just doesn't know. We haven't been able to live together. I would bet a thousand dollars that given enough time they'll find something that flusters her, confuses her or she just doesn't know.

Then, BAM! Denial. We get to spend the next two to four years fighting DOS to prove the VO was wrong.

People here in the States rarely have any clue how difficult this process is and how prone to failure. They can't seem to understand why I'm so nervous and trying to make every thing perfect.

Sorry, seem to have gone off on a bit of a rant there...

I'm just wondering, what is the legal frame for the visa interview? What law or regulations are COs expected to follow? Do they have legal limits? Or can they just use and abuse their power to crush lives?

Of course if you ask enough you'll find something the spouse doesn't know. I couldn't even say what Colin's favorite color or favorite food is. I don't think he has a favorite. I couldn't explain exactly what he does at work, cause it's just beyond my understanding (he's a scientist). It seems kind of ridiculous to think answers to such questions can prove anything...

[Saylin 1,605]

Plz look all these i have

Looks like you're good to go then. Didn't know Haiti didn't have a PCC, so one less thing to worry about for your case. And the bar-coded cover sheet will become available once the IV has been paid and approved by NVC.

AOS fee changed to PAID. I sent the AOS and IV packages to my parents on Monday. When I sent the I-130 it took 3 weeks to get to the States but that was including Christmas and New Year's so hopefully they'll get there faster this time...

Yay, grats on the progress. And yes, hopefully it arrives quicker than that!

I'd have to bite my lips very hard to remain polite if I was asked this kind of question... I think I'd probably say "oh yes and we have some pictures"

I hope you're right. I know I have a lot less to worry about than most members here, but the uncertainty is really hard to live with. Where's my Hautes Côtes de Nuits again??

Yes, definitely remain polite. Even though France is an easier country, I'd highly doubt a CO would let that comment slide. You have to be serious with them like when you're crossing the border. A joke or two isn't horrible, but something like that wouldn't be good

Et ton Hautes Cotes de Nuits est ici dans les Etats-Unis

[Saylin 1,605]

I'm just wondering, what is the legal frame for the visa interview? What law or regulations are COs expected to follow? Do they have legal limits? Or can they just use and abuse their power to crush lives?

Of course if you ask enough you'll find something the spouse doesn't know. I couldn't even say what Colin's favorite color or favorite food is. I don't think he has a favorite. I couldn't explain exactly what he does at work, cause it's just beyond my understanding (he's a scientist). It seems kind of ridiculous to think answers to such questions can prove anything...

Unfortunately, COs do have that power. They're just below Border Patrol in the amount of power they have. If they don't like your attitude, then they can flat out deny you. But this only happens in China and some Middle Eastern and African countries. France is not at all like this. But yes, the COs get a thrill I'm sure by denying people through their use of abusive power.

[Rujby 23]

Looks like you're good to go then. Didn't know Haiti didn't have a PCC, so one less thing to worry about for your case. And the bar-coded cover sheet will become available once the IV has been paid and approved by NVC.

But only one thing is stressing me its the : tax information. I know my wife and Joint sponsor will submit 2010 only but i would not like after a couple days we sent them that they request previous one ( 2008,2009). Before AOS package is sent, don t NVC send you a list of what they want from you?

[foobaz123 39]

I'm just wondering, what is the legal frame for the visa interview? What law or regulations are COs expected to follow? Do they have legal limits? Or can they just use and abuse their power to crush lives?

Of course if you ask enough you'll find something the spouse doesn't know. I couldn't even say what Colin's favorite color or favorite food is. I don't think he has a favorite. I couldn't explain exactly what he does at work, cause it's just beyond my understanding (he's a scientist). It seems kind of ridiculous to think answers to such questions can prove anything...

As to the legal frame work I'm not 100% sure. I do know their decisions are beyond judicial review and that they have extreme latitude. They seem to be somewhat more constrained when it comes to family based visas and absolutely unconstrained when it comes to visitor visas. That's one of the reasons visitor visas from China are extremely rare, as compared to the number who apply or would like to apply.

Sue and I actually talked about the favorite food thing and that was the same answer. I don't really have an exact favorite. However, she cannot say she doesn't know. There has to be an answer. So what I advised her for things like that is simply this: They only know what's in the paper work. If they ask her what my favorite food is, she knows things I like. Pick one. Now it's my favorite. She gave an answer quickly and with confidence and there is no way they could know if it was right or wrong. The same thing goes with my job. I'm a systems engineer. Awesome, so what is that? The precise meaning is a bit different from company to company.

To play devil's advocate for a moment, the problem is this. They have a few minutes to determine whether you have a real relationship based on nothing more than the package you sent in and whatever questions come to mind at the time plus their general impression. Such a process is practically designed to fail.

In the end, if they decide 'no' on a visa the paper work goes back to USCIS (eventually) and you get a chance to rebut whatever allegations were made by the VO. Sometimes they seem to be pretty vague. Other times very specific. In any case, the delays quickly become extreme. This is why when it was recently announced they were going to make it easier for people in the US illegally to green cards I got pretty pissed. The article I read went on and on about how nice it'll be that people won't be separated for months or years on end while they try and 'get legal'. The entire time making it quiet clear that this is only for people who skipped the process, or over stayed a B2 visa, and that people who are doing things legally in the first place can just suffer.

[Laure&Colin 558]

Unfortunately, COs do have that power. They're just below Border Patrol in the amount of power they have. If they don't like your attitude, then they can flat out deny you. But this only happens in China and some Middle Eastern and African countries. France is not at all like this. But yes, the COs get a thrill I'm sure by denying people through their use of abusive power.

That's sad.

Don't they have to support their decision with actual facts at all?

[Saylin 1,605]

But only one thing is stressing me its the : tax information. I know my wife and Joint sponsor will submit 2010 only but i would not like after a couple days we sent them that they request previous one ( 2008,2009). Before AOS package is sent, don t NVC send you a list of what they want from you?

Please read the instructions on the I-864 form. You're required to either send in the most recent year (2010) or the last three years (2008, 2009, 2010). On the form, they do ask for the numbers from the last three years, but it's up to you to send in those two extra years or just stick with 2010 tax information.

That's sad.

Don't they have to support their decision with actual facts at all?

You'd be surprised by how often that answer is no.

[foobaz123 39]

That's sad.

Don't they have to support their decision with actual facts at all?

Facts are a funny thing. As I mentioned in my last post, a lot of it comes down to the VOs impression of the beneficiary. Something that by definition is an opinion based on little more than 'instinct' and 'experience'. There are some clear cut cases. Sue was telling me about one she read on 'the other site' that was a pretty obvious case of visa shopping. Short version, the couple was going for a K1 after only being together once in person in three years. It was the second guy she had tried for a K1 with.

Then there are the cases you read about where the couple looks like any other couple. Yet the VO asked the beneficiary a couple of questions and, white slip. Denied.

It's a different situation, but it does illustrate the abruptness with which a denial can come down. Sue tried to get a visitor visa a couple of years ago. I knew it might not work, but I had no idea how little chance there was at the time. The 'interview' was 30 seconds long. No evidence was examined and only enough questions were asked for them to fill out the denial form. It was clear that the decision was made before she even got there.

[Laure&Colin 558]

As to the legal frame work I'm not 100% sure. I do know their decisions are beyond judicial review and that they have extreme latitude.

Anything beyond judicial review makes me shiver...

Let's raise our glass or our chocolate bar to these people who may think they don't answer to anyone, but who'll eventually find out karma's a b*tch.

[alizon 77]

I was reading an embassy review yesterday, I think it was in Dominican Republic, and the CO asked both the USC and the spouse separately if they had sex the night they 1st met in person, and if they had sex the night before the interview, and what kind of birth control method they were using. Are you f*cking kidding me???!! Mind your own genitals!! The way they sneak into your life and show no respect for your privacy is SO outraging...

One of my friends works with a woman who immigrated (or the husband immigrated? don't know) from Nigeria, and he said they asked them what color underwear the wife wears. #######, way to be seriously creepy, CO. "Umm...lots? She doesn't just own one pair..."

The ultra easy: Canada/UK/France

Can't say I'm particularly worried. But every time I say something like "after March 13, when Max has his green card, blah blah," I hope I'm not jinxing us...I can be rather superstitious.

[Saylin 1,605]

Can't say I'm particularly worried. But every time I say something like "after March 13, when Max has his green card, blah blah," I hope I'm not jinxing us...I can be rather superstitious.

Remember, he's not getting a green card, he's getting a visa. He only gets the green card in the mail after going through POE.