I-130 Interview - RFE

[Darnell 8,478]

Thank you for stating the obvious. We've provided what they have explicitly asked for and this has been rejected. Hence, my questions and concerns. I am trying to see things from the CO's point of view and anticipate issues or concerns and obtain the requisite help, be it from a layman or lawyer.

When he receives written instructions on what to present, at the interview, after the interview -

that is NEVER the time (at the interview) to present what is asked for.

He has to follow the written instructions now, that he was given at the interview, in submitting the stuff that is asked for (also written in the written instructions he's received) .

You might want to engage with an immigration attorney for a 1 to 3 hour consult - I highly recommend Marc Ellis. The London IV Unit is hunting for fraud, and Mr. Ellis knows how to rebut everything on high fraud USEmbassies (Guangzhou, HCMC, Lagos) so I suggest you drop some sheckels with him, soonish.

[Roosha 51]

You said that you guys communicate through text and Skype and that you can't bring that in. But you can. All you need to do is print out your call long on Skype and also there are ways that you can back up your texts from your mobile to your computer and then print them out. If you use whatsapp you can do that too. It'll be pages and pages of stuff but it's evidence.

Also, 4 pictures are not nearly enough. You haven't given us a timeline of your relationship so I'm not sure how many pics you have, but you mention him coming to visit you 4 times. You need to print pics from your wedding as well as two or three pics every year after that if you have them in different times and places. 40 pictures during the same outing will count less than 20 pics at different places and times throughout your relationship, clearly showing that your looks (hair/makeup/clothes) are different. You don't have to print pics normally, you can put them on paper and print them from your home printer. Or send them to him to print.

What about financial co-mingling? I know that's hard to get when you're in two different countries, and the CO knows that, but some people here have been able to put their spouses on saving accounts and other types of financials. Even adding him to your car insurance would help.

I hope that gives you some ideas for more evidence of your relationship. As for evidence of his identity I'm sorry I can't help you there, you'll have to research and try to figure out how you can prove his identity; I'm sure there are ways! A consult with the lawyer Darnell mentioned would def be a plus regarding this!

Good Luck and don't lost hope! It's obvious you made some naive mistakes but at least you haven't been rejected and you can fix them!

[Papillon26 0]

There seems to be a disconnect here. Provide what the CO asked for and provide as much evidence as you can as to how, and how frequently you communicate and evidence of the time you've spent together in person. If you "went away together" what evidence do you have of that? Boarding passes? Passport stamps? Receipts?

My issue is that the NVC packet and online information doesn't explicitly state that we must provide evidence of the relationship in the form of physical evidence. There's nothing that says 10-15 pictures from different locations. We went to Florida together and France but I didn't retain the board passes, though he could dig up the travel agency confirmation perhaps and I'd have passport stamps. We certainly have pictures together. The CO just asked how many times we'd been to see each other (4 him, 3 me) in the past year and a half. I understand that may not sound like a lot but it's not like we get 6 weeks off a year and flights are cheap. Fortunately, I get 4 weeks off a year but that isn't that much when you're married to someone overseas.

[Papillon26 0]

When he receives written instructions on what to present, at the interview, after the interview -

that is NEVER the time (at the interview) to present what is asked for.

He has to follow the written instructions now, that he was given at the interview, in submitting the stuff that is asked for (also written in the written instructions he's received) .

You might want to engage with an immigration attorney for a 1 to 3 hour consult - I highly recommend Marc Ellis. The London IV Unit is hunting for fraud, and Mr. Ellis knows how to rebut everything on high fraud USEmbassies (Guangzhou, HCMC, Lagos) so I suggest you drop some sheckels with him, soonish.

I don't understand. When is never the time to present what's asked for? We sent in all requested documents to the NVC, which sent a letter stating it's been accepted and informing him nof his appointment day and time. He brought the photos and cards on his own. I also called the NVC and asked if he needed name change evidence during the process and they said no. I repeated that his passport is in one name but he used another beforehand and once again, the person said it wasn't needed. His passport is what matter. Note I called twice to speak to two different people to ensure the name change documentation was or was not needed. They said no. Luckily, he brought it to the interview anyway.

Is Marc Ellis in NYC?

Thank you for your help everyone!!! It is much appreciated.

[The Mean Lady 604]

This is all so confusing.

Was this his second interview?

Darnell is telling you that you needed to come back after the first interview with the items they asked for.

But are you saying you did that already and they STILL don't like it?

I saw you said they wanted 15 pictures, but you only provided 4.

That's definitely a case of not giving them what they are asking for.

[Papillon26 0]

This is all so confusing.

Was this his second interview?

Darnell is telling you that you needed to come back after the first interview with the items they asked for.

But are you saying you did that already and they STILL don't like it?

I saw you said they wanted 15 pictures, but you only provided 4.

That's definitely a case of not giving them what they are asking for.

Apologies for the confusion. It was his first interview. It was there that the CO requested additional information.

[The Mean Lady 604]

Apologies for the confusion. It was his first interview. It was there that the CO requested additional information.

Ok. So now, you need to go back and provide them with the additional information that they've requested.

I believe you said proof of relationship, so all of the things people have suggested.

Show emails, chats, facebook, copies of skype call longs, take pictures of your texts on your phone if you can't save out texts (which not everyone can, I CANNOT).

My cell phone shows EVERY number I've called if I look online.

Can you print anything like that?

Has anyone sent the other money? Show proof of that.

Have you changed your name? Provide proof of that.

Since they question your relationship, maybe now IS the time to provide some letters written from family attesting to your relationship.

And show anything you can that proves your husband's identity.

I'm unfortunately just NOT familiar with that.

Maybe, like you mentioned, in ADDITION to some other things, yes, provide some letters that can attest to your husbands identity and character.

That's about all I can suggest for you since I'm not in the position that you are.

There's got to be SOMETHING that you can do to prove your relationship.

Do you drive a car? Have insurance? Add him to your insurance.

Geico forced me to add my husband who doesn't live in the US OR have a license lol.

[dwheels76 5,466]

My issue is that the NVC packet and online information doesn't explicitly state that we must provide evidence of the relationship in the form of physical evidence. There's nothing that says 10-15 pictures from different locations. We went to Florida together and France but I didn't retain the board passes, though he could dig up the travel agency confirmation perhaps and I'd have passport stamps. We certainly have pictures together. The CO just asked how many times we'd been to see each other (4 him, 3 me) in the past year and a half. I understand that may not sound like a lot but it's not like we get 6 weeks off a year and flights are cheap. Fortunately, I get 4 weeks off a year but that isn't that much when you're married to someone overseas.

Well I will say because someone later on down the visa journey trail will read this and think the same thing you think. It's not about what NVC says or post on websites. You yourself had the thought that the name change could be an issue why not add that evidence to your packet. My husbands family changed the family name and he has the court documents stating. I know you may not know but the people answering the phones at NVC aren't immigration officers. Heck they aren't even skilled in the basics.

Yes your husband had evidence and such and that should have already been in the package that the CO could have reviewed ahead of time. The interview is never the place to present evidence. Too many run the assumption that they will be asked and sometimes never are. I know many denied visas and the interviewee had the evidence needed right in their possession. They just didn't bother to send in, thinking their love would conquer all.

I have been at the embassy in Lagos and saw person after person on 2nd and 3rd interviews turned away and the CO's being more than nice telling them to please just do what the instructions told them to bring. One was told "bring phone records on the company letterhead of AT&T". The guy came empty handed and was denied. This was their 3rd interview. So please do as instructed to the letter.

Your visits are very good. You are blessed to have seen each other so much. Its been16 months since I last saw my husband.

I will leave you with this thought. looking at all you sent in with your petition (I gather you didn't send extra evidence with your DS-230 package). Looking at everything objectively and not knowing this couple can you deduce they are in a bonafide relationship and you have everything you need to give an approval? Too many people assume these CO's just know us and will approve us cuz they are in love. You must show them dear.

You say he is from Kosovo and there is a name change issue. Not good. This is very serious and you need to get some help. A consult with Marc Ellis sure will not hurt to at least point you in the right direction.

[Papillon26 0]

Well I will say because someone later on down the visa journey trail will read this and think the same thing you think. It's not about what NVC says or post on websites. You yourself had the thought that the name change could be an issue why not add that evidence to your packet. My husbands family changed the family name and he has the court documents stating. I know you may not know but the people answering the phones at NVC aren't immigration officers. Heck they aren't even skilled in the basics.

Yes your husband had evidence and such and that should have already been in the package that the CO could have reviewed ahead of time. The interview is never the place to present evidence. Too many run the assumption that they will be asked and sometimes never are. I know many denied visas and the interviewee had the evidence needed right in their possession. They just didn't bother to send in, thinking their love would conquer all.

I have been at the embassy in Lagos and saw person after person on 2nd and 3rd interviews turned away and the CO's being more than nice telling them to please just do what the instructions told them to bring. One was told "bring phone records on the company letterhead of AT&T". The guy came empty handed and was denied. This was their 3rd interview. So please do as instructed to the letter.

Your visits are very good. You are blessed to have seen each other so much. Its been16 months since I last saw my husband.

I will leave you with this thought. looking at all you sent in with your petition (I gather you didn't send extra evidence with your DS-230 package). Looking at everything objectively and not knowing this couple can you deduce they are in a bonafide relationship and you have everything you need to give an approval? Too many people assume these CO's just know us and will approve us cuz they are in love. You must show them dear.

You say he is from Kosovo and there is a name change issue. Not good. This is very serious and you need to get some help. A consult with Marc Ellis sure will not hurt to at least point you in the right direction.

If the name change isn't listed as a requirement and the NVC said it wasn't needed, how are we supposed to know it should have been submitted?

I should note he changed his name in the UK to a British sounding name. I understand this raises red flags but plenty of foreigners change their names to more home country sounding names. I know of many people born and raised in the US with foreign sounding names who became Sam, Matthews, Ronald, Lauras, etc. This happens all of the time. I've had ex-boyfriends change their entire names to make them sound more American.

[pushbrk 12,569]

My issue is that the NVC packet and online information doesn't explicitly state that we must provide evidence of the relationship in the form of physical evidence. There's nothing that says 10-15 pictures from different locations. We went to Florida together and France but I didn't retain the board passes, though he could dig up the travel agency confirmation perhaps and I'd have passport stamps. We certainly have pictures together. The CO just asked how many times we'd been to see each other (4 him, 3 me) in the past year and a half. I understand that may not sound like a lot but it's not like we get 6 weeks off a year and flights are cheap. Fortunately, I get 4 weeks off a year but that isn't that much when you're married to someone overseas.

Your "issue with" is best ignored. Move on to providing what is needed, so the visa is issued. You have more visits together than many people do and more time too. Document it as best you can. You would BOTH have passport stamps, you for visits to him and him for visits to you. They probably HAVE his passport. Get them what you can in response to what they requested and anything else you can think of that might help.

For you and other readers, neither the USCIS, NVC or the Consulate are concerned with making it easy for you to understand what is needed for the process. They expect you to hire a professional who already knows or make considerable effort to learn the process on your own using whatever resources are available including this discussion board and its resources.

[Cathi 5,696]

I should add additional details. I'm a US citizen (born and raised) and living in NYC. He is a UK citizen by way of Kosovo. He has been in the UK over 10 years and immigrated there illegally, which he disclosed to the CO when asked. He has no criminal record in the UK or Kosovo or anywhere else. Getting documents in Kosovo is not easy. People don't want to do anything and when they do, they do what they want, not what the USCIS wants. He had trouble getting basic items and had to wrangle family members to provide an affidavit, which they didn't care to do. The CO rejected them.

The name change was a big deal. They asked if he'd used other names (he did not) and had him write on a piece of paper that he has not used any other names. They went back and checked during the interview.

I haven't yet contacted the US embassy in the UK to ask if my presence will help. They did not request I attend the interview but if it'll help, I will go there if/when work allows me time off.

if he arrived in the UK after the age of 16 a police certificate wouldn;t be required from Kosovo.

[Cathi 5,696]

Your "issue with" is best ignored. Move on to providing what is needed, so the visa is issued. You have more visits together than many people do and more time too. Document it as best you can. You would BOTH have passport stamps, you for visits to him and him for visits to you. They probably HAVE his passport. Get them what you can in response to what they requested and anything else you can think of that might help.

For you and other readers, neither the USCIS, NVC or the Consulate are concerned with making it easy for you to understand what is needed for the process. They expect you to hire a professional who already knows or make considerable effort to learn the process on your own using whatever resources are available including this discussion board and its resources.

[Cathi 5,696]

I agree, your issue with the embassy doesn't matter. The CO is there to do a job, he requested evidence, you need to give them what they ask for or your husband may never be issued his visa. COs don't ask for things because they have nothing better to do, they are there to protect the best interest of you, the US citizen. I attended the interview with my husband. the consulate officer was very tough, but I understand there was a reason, my husband is from a high fraud country, the CO wanted to make sure that we were not going to be another statistic. As others have said, get them what they ask for and don;t question it. Good luck!!!

[Nich-Nick 3,354]

If the name change isn't listed as a requirement and the NVC said it wasn't needed, how are we supposed to know it should have been submitted?

The London embassy website provides a list of documentation that should be brought to the interview. http://london.usembassy.gov/application_documents.html

Exerpt:

Applications processed by the National Visa Center In New Hampshire

- If your sent

NVC

your documents, they will have been forwarded to the Immigrant Visa Unit together with your application.  All that you will be required to furnish on the day of the interview is your passport and three color photographs. 

However, please review the Document Checklist before attending the interview.  If any of the documents were not sent to the National Visa Center, you will be required to obtain them and present them on the day of the interview.

Document Checklist

<snip>

Name Change Deed Poll:

If applicable, deed poll or other legal evidence showing your change of name (except by marriage)

New or additional relationship evidence is not requested on the list, or routinely viewed at the interview in London. In your case there were red flags so the CO started digging and has now asked for some evidence. Do you also understand how the requested information gets back to London? Some replying here have mentioned 2nd and 3rd interviews. That is not London's procedure, so your documentation must be very complete.

If you husband is Muslim or has Muslim relatives, then expect to wait many, many months because of additional security checks. That is routine in London. Researching the background of two names may even extend the additional processing. Meanwhile you wait and nobody will be able to give you any updates, or how much longer it will take. No lawyer or Congressman can pry that out of them.

[ogims 7]

Its a pity he had to go through all the grilling and counter questions. everything centers on the name change,but there is not need to apportion blames and counter blames. the first step here is to provide concrete and verifiable evidence to show your marriage or relationship is bonafide. give them plenty of pictures, call log, chat, itineraries etc.

You may also consult an attorney to add your petition a more professional touch and guideline.

Most importantly go on your kneels, there is nothing God almighty cannot do. because he has not called the qualified but the unqualified so i advice you pray pray and pray until something happens. prayer works, am a living witness.

It is well with you, hold your peach and invite God he will surely put smiles on your faces