Laws/Rules Immigration must follow for K-1, I-129F, Interview, etc?

[Moofy 1]

Does anyone have links to the actual laws and rules that USCIS and the Immigration Officers must follow relative to processing a K-1, I-129F and conducting an interview, etc?

[Harpa Timsah 13,258]

Immigration and Nationality Act and Foreign Affairs Manual. Both available at uscis.gov.

[Hypnos 6,578]

And in addition to both of those, the USCIS Adjudicator's Field Manual which codifies much of the above mentioned sources into a single document.

[Moofy 1]

Thanks! I looked at: https://fam.state.gov/searchapps/viewer?format=html&query=K-1&links=K,1&url=/FAM/09FAM/09FAM050207.html#M502_7_5_C_5

Section: 9 FAM 502.7-5©(4) K Visa Interview

Seems there is very little defined as to what they do other than "determine eligibility". What's interesting is it says an interview takes place only after "all of the necessary documents have been collected". Yet they ask for additional documents at the Interview.

I can't seem to find anything about exactly what they're supposed to cover at the actual interview though other than confirming the documentation and determining if the relationship is "Not Satisfactorily Bona Fide". Is there a definition/guide elsewhere I'm overlooking?

[Harpa Timsah 13,258]

You can get a RFE/request for documents at any time, including during or after the interview.

You would have to read the whole of those documents to determine what "eligibility" is. But I bet people here know. What is your question?

[Moofy 1]

At this point I just want to understand the rules and laws behind the K-1 process and especially the interview - what the agent can discuss and what they cannot (if it's defined). Essentially, how far can they go to determine eligibility, etc. BTW what's a RFE/Request for Documents? Do you mean a request under FOIA, or something else?

[Harpa Timsah 13,258]

At this point I just want to understand the rules and laws behind the K-1 process and especially the interview - what the agent can discuss and what they cannot (if it's defined). Essentially, how far can they go to determine eligibility, etc. BTW what's a RFE/Request for Documents? Do you mean a request under FOIA, or something else?

They can discuss anything and everything. You can choose not to answer. They can lie to you.

They go as far as they need to determine eligibility, using a "reasonable person" standard. RFE means request for evidence (they ask you for more or correct documents). They can ask for more/correct evidence at any time. You seem to be mad that they asked for more documents.

[Unlockable 7,315]

They can go how far they need to determine eligibility.

[Moofy 1]

So can anyone link me to any additional legal/rule/reference documentation (other than Section: 9 FAM 502.7-5©(4) K Visa Interview) encapsulating the limitations, restrictions or "checklist" relative to the interview process, if there are any? Somebody mentioned a "manual" the agents use. Do we have access to that?

Edited October 31, 2016 by Moofy

[Harpa Timsah 13,258]

So can anyone link me to any additional legal/rule/reference documentation (other than Section: 9 FAM 502.7-5©(4) K Visa Interview) encapsulating the limitations, restrictions or "checklist" relative to the interview process, if there are any? Somebody mentioned a "manual" the agents use. Do we have access to that?

Yes, all at uscis.gov.

[Wooderz 314]

Are you worried that USCIS or the embassy are going to dig deeper into your or your fiancées past than you'd like?

If you have a specific concern, there are folks here with all kinds of experience who can tell you whether your concern is likely to be an issue or not and how to overcome it.

[NigeriaorBust 4,087]

They can ask things that would seem inappropriate here. They asked my Nigerian spouse if his father died because he was marrying a white woman. They also tried to insist that he answer my fathers occupation ( a man that died in the 60's) My husband refused to answer more than "whatever task God assigned him in heaven "

[Limey 551]

So can anyone link me to any additional legal/rule/reference documentation (other than Section: 9 FAM 502.7-5©(4) K Visa Interview) encapsulating the limitations, restrictions or "checklist" relative to the interview process, if there are any? Somebody mentioned a "manual" the agents use. Do we have access to that?

There is a lot of information on this forum about the things that they ask. There really is very little in the way of restrictions on them. They are trying to ensure the relationship is genuine (from both parties' point of view). So they are going to look for things that might suggest relationship is not genuine (red flags), and probe those. These red flags might include (but are not limited to)

1) big age difference between parties

2) big different in education

3) length of relationship, and actual time spent together

4) previous visa activity (both the US citizen sponsoring others, and the beneficiary being subject of previous k1 or similar applications), overstays or deportations, etc

5) cultural issues (is the beneficiary entering into a relationship that might be considered wrong in their culture)

6) communication problems (where sponsor and beneficiary are not fluent in a common language

7) criminal record

That's not to say any of these will get you denied, just that the interviewer will seek to convince themselves that the relationship is genuine.

Obviously such questions are going to be probing in nature, and may appear a little offensive. But try to understand things from their side, they are trying to ensure that only genuine applicants come to the USA. If you have nothing to hide, you have nothing to fear.

Did you have specific concerns about a particular issue/line of possible questioning?

Edited November 1, 2016 by Limey

[Lemonslice 4,960]

Your lawyer should be able to advise you also.

[Wooderz 314]

Generally, theyre going to ask things like:

How did you meet

What does he/she do for a living

Where are you going to live

They may ask the beneficiary if they know your parents names or children's names. Maybe Your birth date. Basic information like if the beneficiary is aware the finances former spouse. Basic things one would normally be expected to know about a person they are engaged to.

If they suspect fraud, they may ask more invasive questions.

They can ask whatever they want, but in a normal situation, it's pretty basic.