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Rights to Native Language Interview (Tunis)

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Filed: K-1 Visa Country: Libya
Timeline

My fiance does not speak English well. I speak very simple English with him so he can understand me and I have a way of understanding him enough so that it works. He is just beginning with the language. When all else fails, we use our friends who speak English to translate.

My question is what are his rights to a K1 visa interview in his native language (Arabic). I have heard that sometimes consular officers will ask questions in English to test English skills to see if the couple can communicate.

What are his legal rights in this circumstance?

19-Sept-14: I-129F Delivered

23-Sept-14: NOA1 (I-797C ~ Texas Lockbox accepted I-129F)

24-Sept-14: NOA1 (E-mail & Text)

Sent to California Service Center

3-Nov-14: Requested expedite by mailed letter with UN Human Rights Reports (Humanitarian Situation)

14-Nov-14: NOA2 (I-129F Petition Approved ~ E-mail & Text)

1-Dec-14: NVC Received Case

2-Dec-14: NVC Case Number Assigned

9-Dec-14: Embassy Received

3-Feb-15: "Package 3" Received/Turned In

25-Feb-15: "Package 4" - Received Interview Date

19-Mar-15: Interview ~ Approved

27-Mar-15: Visa Issued

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Filed: Citizen (apr) Country: Egypt
Timeline

My fiance does not speak English well. I speak very simple English with him so he can understand me and I have a way of understanding him enough so that it works. He is just beginning with the language. When all else fails, we use our friends who speak English to translate.

My question is what are his rights to a K1 visa interview in his native language (Arabic). I have heard that sometimes consular officers will ask questions in English to test English skills to see if the couple can communicate.

What are his legal rights in this circumstance?

Others can correct me if I'm wrong, because I'm not really experienced with this, but I believe that he can request an interview in his language, but the consular officer can hold his inability to speak English against him. This is not because speaking English is not a precondition for the visa, but because it is an indication, as you said, that you will not be able to communicate as a couple. This can give the interviewer the impression that the relationship may not be fully legitimate. If he was applying for a tourist visa instead, language really shouldn't be a consideration.

If he didn't speak any English, but you spoke Arabic and were able to communicate with him fluently, his language skills would not be a concern. On the other hand, if you two didn't apeak the same language but you'd been living together for years, then the language issue wouldn't cause any problems because it will be obvious that you have a lasting relationship. Basically, the language issue will not kill his application, but will be one more hurdle in the mind of the interviewer.

Edited by JimmyHou

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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Filed: K-1 Visa Country: Libya
Timeline

Yes thanks, that is pretty much what I had already gathered. Thanks for your response.

19-Sept-14: I-129F Delivered

23-Sept-14: NOA1 (I-797C ~ Texas Lockbox accepted I-129F)

24-Sept-14: NOA1 (E-mail & Text)

Sent to California Service Center

3-Nov-14: Requested expedite by mailed letter with UN Human Rights Reports (Humanitarian Situation)

14-Nov-14: NOA2 (I-129F Petition Approved ~ E-mail & Text)

1-Dec-14: NVC Received Case

2-Dec-14: NVC Case Number Assigned

9-Dec-14: Embassy Received

3-Feb-15: "Package 3" Received/Turned In

25-Feb-15: "Package 4" - Received Interview Date

19-Mar-15: Interview ~ Approved

27-Mar-15: Visa Issued

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Filed: AOS (pnd) Country: China
Timeline

Though not specific to your country,

I know many Asian (mostly old parents) that somehow (?) made it through the interview with

not even a little English, so there must be some accommodation

being made by some consulates.

Good luck.

10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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  • 3 weeks later...
Filed: Citizen (apr) Country: Canada
Timeline

Though not specific to your country,

I know many Asian (mostly old parents) that somehow (?) made it through the interview with

not even a little English, so there must be some accommodation

being made by some consulates.

Good luck.

But the parents are not being scrutinized over the legitimacy of their relationship with a spouse. It's a little different. The accommodations will be made but the challenge between the couple communication is what is being questioned.

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2


NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

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Filed: K-1 Visa Country: Libya
Timeline

Yes, thank you, I do realize all of this. I am just wondering what are the legal rights to a native language interview. That is my question if anybody has an answer.

19-Sept-14: I-129F Delivered

23-Sept-14: NOA1 (I-797C ~ Texas Lockbox accepted I-129F)

24-Sept-14: NOA1 (E-mail & Text)

Sent to California Service Center

3-Nov-14: Requested expedite by mailed letter with UN Human Rights Reports (Humanitarian Situation)

14-Nov-14: NOA2 (I-129F Petition Approved ~ E-mail & Text)

1-Dec-14: NVC Received Case

2-Dec-14: NVC Case Number Assigned

9-Dec-14: Embassy Received

3-Feb-15: "Package 3" Received/Turned In

25-Feb-15: "Package 4" - Received Interview Date

19-Mar-15: Interview ~ Approved

27-Mar-15: Visa Issued

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Filed: Citizen (apr) Country: Egypt
Timeline

Yes, thank you, I do realize all of this. I am just wondering what are the legal rights to a native language interview. That is my question if anybody has an answer.

There are no legal rights at all because there are no laws related to this at all.

This is a matter of State Department policy, which, as others have said, allows an applicant to be interviewed in his or her native language. This does not stop the interviewer from asking questions in English to test his language skills.

The reason I say there are no legal rights is that if the State Department decided to change the policy tomorrow, there is nothing stopping them from doing that.

Edited by JimmyHou

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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