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

[Moofy 1]

Actually I was just curious what rules and restrictions they were required to follow relative to an interview. Lots of speculation in this thread

At this time I don't have any additional concerns; I was just wondering what legal basis Agents had to operate within relative to my initial question.

When I see things like "They asked my Nigerian spouse if his father died because he was marrying a white woman" I can't help but to wonder why others wouldn't be asking what form of oversight and restrictions are part of this process and defining when agents "go too far".

I never assume a government agent has free reign to do whatever they want and I don't think anyone else should either. I'm quite surprised there doesn't appear to be any legal/documented restrictions on what they can and cannot do during the process...

[Ash.1101 1,756]

I know there was a poster here who during a stokes was asked which sex position they preferred.

And yes, there is speculation because I -really- don't think there is a "don't ask them about sex" "don't ask them about culture" "don't ask them about anything that might offend them" rule.

I think overall, the CO/IO is required to ask any questions they FEEL (keyword) may get them to an answer of if the relationship is legit enough. Feeling is incredibly subjective, and there won't be rules and guidelines telling the CO/IO how they should be feeling.

Keyword in all of these ruling is probably that they can use their own discretion when needed. Which happens alot, using their discretion that is.


I personally don't feel that any line of question is "too far" unless they are harassing the interviewee about a question, or possibly asking things that might fall into sexual harassment range. But I do know that they've asked things that are considered outlandish to most, but I don't think it's outlandish to them when they're thinking of the end goal.

[Unlockable 7,315]

I also don't agree that there is a "too far" question unless it is maliciously derogatory. However, I don't think they have free reign.

Honestly they can ask whatever is needed to satisfy the interview.

[Hypnos 6,578]

They have very wide latitude to ask whichever questions they believe are relevant to assessing whether you're eligible for the benefit that you're seeking.

[Ash.1101 1,756]

I also don't agree that there is a "too far" question unless it is maliciously derogatory. However, I don't think they have free reign.

Honestly they can ask whatever is needed to satisfy the interview.

Yeah. I think that if they maybe say one thing that takes you back, but then don't stay on that topic then they aren't going too far. Now if they hammer on a clearly sensitive topic for 10-20 minutes or are calling people derogetory names, yeah that's too far. But if they just touch up on a topic and then move on, then they're generally okay by their own standard.

[TBoneTX 45,959]

*** Thread is moved from the K-1 Process forum to the Embassy/Consulate forum -- topic chiefly involves that phase. ***

The consulates are sovereign territory, which means that the COs can ask anything at all. In contrast, the FSNs/LES (Foreign Service Nationals/Locally Engaged Staff) -- the country natives who assist the COs -- cannot ask everything that the COs can.

The good news for you is that, in comparison with any other consulate, the Manila embassy hands out visas like candy. Barring hard ineligibilities or anything that you might not be telling us, you have zero to worry about.

[Limey 551]

Before we were married my now wife and I were in a local taxi and the driver was telling us that he was married to an Australian. He had to do the interview for AOS. He said they took them into separate rooms and asked them questions about themselves, and their spouse. He said they got more and more personal until the interviewer asked him what type of underwear his wife was wearing. At this point he said he got a little angry and said "that's none of your business". He said they were approved.

He said he suspected that they asked the question to see how he handled it - on the basis that a genuine husband would be visibly annoyed/angry about the question. So its possible that they aren't always interested in the answers you give, just how you handle the question.

I got a waiver so never had the first AOS interview. I have to admit I was kind of looking forward to it, just as an experience.

Edited November 2, 2016 by Limey

[Moofy 1]

Thank you to everyone for your feedback!

My goal was to understand the process better. I should be updating my status soon.