Second interview, Bangkok

[aaa2zzz 27]

My wife had her second interview. We had received a 221(g) letter at the first interview in January, asking for joint sponsor/additional assets, proof of US domicile and copies of my prior divorce decrees (although the CO just failed to read the AOS correctly and did not look at the additional asset proof attached to the AOS, and the divorce papers were included in the petition). All information was provided again within a week.

At the second interview, they returned to her all of the emails, chat logs etc. explaining they were not needed anymore and the CO said they were concerned about relationship because of the Petitioner (me) several prior marriages. They said they would get back to my wife soon with a decision. Kept her passport.

There was no discussion about the AOS or domicile issues. I think they were well documented in the original petition and even more so in the additional documents sent.

 

In doing some research, I saw the article by attorney Mark Ellis about the fact that if a "red flag" is disclosed up front when the petition is filed, the CO cannot revisit the issue absent signs of fraud or changed circumstances.

 http://www.ilw.com/articles/2006,0323-ellis.shtm

 

I was thinking about sending the consulate an email with this article. Is it a good idea? 

Edited March 11, 2017 by aaa2zzz
more information

[mallafri76 1,012]

I was under the impression that USCIS' role is to make sure that the minimum requirements have been met and then it's up to the interviewing CO to either approve or deny the visa?!?! I have rarely heard of petitions being denied but I have heard of plenty of interviews being denied and application returned to USCIS.

 

This is what one lawyer says and if it's one thing I've learnt from VJ, it's that lawyers are often wrong about the immigration process or will say what's needed to get clients.

 

I would not email the article to the embassy. If you're worried about a possible denial, you can contact a lawyer, although at this time, waiting might be the best way to go.

[agripa 100]

4 hours ago, aaa2zzz said:

In doing some research, I saw the article by attorney Mark Ellis about the fact that if a "red flag" is disclosed up front when the petition is filed, the CO cannot revisit the issue absent signs of fraud or changed circumstances.

This may very well be the case and the letter of the law, but you should realize that you are totally 100% at the mercy of the consular officer. You can't really talk or argue with them, and it's very likely that they will NOT look at any email that you send them. If the CO makes a mistake, your chance to rebut them will only come when the application is sent back to USCIS (a division of DHS). You can't really do anything else right now, but wait. Sending any email to the CO will be a futile exercise.

[aaa2zzz 27]

I am pretty sure it is because my wife is so good looking and the CO is jealous.

[aaa2zzz 27]

Finally today visa issued. CO was just giving her a hard time.