Jump to content

22 posts in this topic

Recommended Posts

Posted (edited)
My packet 3 mentions nothing of a "spot check". It does, however, tell me what I need to bring. I will bring her PHOTOCOPY of a birth certificate, but even that is not listed as necessary. What should I believe? The K1 visa 'faq' on here...or my list of instructions? The United States government has gotten everything it needed from her when she filed. My packet mentions only her divorce certificate and the affidavit of support. I'm really getting tired of the contradictory advice/opinions I have been reading.

Packet will not mention a "spot check" but what people here are telling you is that you may be asked for something that is not listed in Packet 3. It happens. Read the forums. The consulate officer has a job to do and may require additional information to finish his/her job in a manner compatible with U.S. national security. Remember, we're in a post-9/11 world.

The K1 FAQ here is based upon past experiences. It's not for nothing. I would think that the majority of the time, you only need what's listed in packet 3/4. However, as people here are saying, don't be surprised if you're asked for more.

I personally think you should be fine with a photocopy of her birth certificate (or US passport) to prove she's able to petition you. HOWEVER, the officer has a right to ask for any originals that you submit as a copy.

Ok thanks. I think it's rather ridiculous of them to give me instructions, I follow them, and then they ####### on me for not having extras that I wasn't told to bring.

What happens if they want more that I don't have? I have to go back to Montreal?

Edited by JoeCanuk

I HATE miles, gallons, pints, words spelled without u's, and all that other jazz...

07/21/07 Entered United States on K1 visa

08/18 Married

10/20 Sent AOS package to Chicago; arrived on 10/22

11/21 Biometrics appointment

12/14 EAD card production ordered; AP approved

12/15 AOS transferred to CSC

12/22 AP arrives in mail

12/27 Received EAD in mail

02/15/08 Green Card production ordered

02/25 Received Welcome letter in mail

02/28 Green card arrived in mail. Done with USCIS for now

01/12/10 Sent I-751 to California Service Center; arrived on 1/14/2010

02/09 Biometrics appointment in Michigan City, Indiana

02/10 Case updated

02/23 Received NOA

03/08 Card production ordered

03/10 ROC approval letter arrives

03/15 Ten year Green card arrives

02/17/12 Mailed citizenship application

forget day Biometrics appointment in Michigan City, Indiana

05/14 Interview and test in Indianapolis, Indiana

05/23 Received oath letter

06/15 Oath ceremony...end of the line.

Filed: Lift. Cond. (pnd) Country: India
Timeline
Posted

I would think these officers are reasonable people. If you follow the instructions and your case is straight forward, you have no worries. I have no idea what happens if they want something you don't have, but don't stress over it.

And I think this whole process is rather ridiculous :) Or at least, the delays are.

I-130

2007-03-17: NOA1

2007-06-01: Approved

I-129F (K-3)

2007-03-26: NOA1

2007-06-01: Approved

2007-07-26: Interview at Consulate

2007-08-06: US Entry

AOS

2007-10-31: AOS NOA1

2008-04-04: Green Card received.

Removing conditions

2010-01-19: Filed I-751

2010-01-26: Check cashed

Filed: Timeline
Posted

JoeCanuk,

There is a great deal of subjectivity and flexibility in the visa process. This can work for or against the applicant, and the applicant can take advantage of the subjectivity or they can fight it. But the bottom line is that it exists.

You have been advised, take the advice or leave it as you see fit. My final bit of advice is that if you show the antagonistic attitude with the interviewer that you have been showing here on VJ you risk doing yourself more harm than good. The visa officer has the authority to approve your visa or to deny it with the concurrance of their superior. Recognize that fact of life and conduct yourself accordingly for best result.

Yodrak

My packet 3 mentions nothing of a "spot check". It does, however, tell me what I need to bring. I will bring her PHOTOCOPY of a birth certificate, but even that is not listed as necessary. What should I believe? The K1 visa 'faq' on here...or my list of instructions? The United States government has gotten everything it needed from her when she filed. My packet mentions only her divorce certificate and the affidavit of support. I'm really getting tired of the contradictory advice/opinions I have been reading.

Packet will not mention a "spot check" but what people here are telling you is that you may be asked for something that is not listed in Packet 3. It happens. Read the forums. The consulate officer has a job to do and may require additional information to finish his/her job in a manner compatible with U.S. national security. Remember, we're in a post-9/11 world.

The K1 FAQ here is based upon past experiences. It's not for nothing. I would think that the majority of the time, you only need what's listed in packet 3/4. However, as people here are saying, don't be surprised if you're asked for more.

I personally think you should be fine with a photocopy of her birth certificate (or US passport) to prove she's able to petition you. HOWEVER, the officer has a right to ask for any originals that you submit as a copy.

Ok thanks. I think it's rather ridiculous of them to give me instructions, I follow them, and then they ####### on me for not having extras that I wasn't told to bring.

What happens if they want more that I don't have? I have to go back to Montreal?

Filed: AOS (apr) Country: Philippines
Timeline
Posted

I am not saying that "spot checks" have not occured or could not possibly occur but let's realize one thing, it is not the job of the consulate officer to re-adjudicate a petition. I have read many threads and have little or no recollection of a situation where these origianl documents have been requested by the interviewer.

YMMV

Posted
JoeCanuk,

There is a great deal of subjectivity and flexibility in the visa process. This can work for or against the applicant, and the applicant can take advantage of the subjectivity or they can fight it. But the bottom line is that it exists.

You have been advised, take the advice or leave it as you see fit. My final bit of advice is that if you show the antagonistic attitude with the interviewer that you have been showing here on VJ you risk doing yourself more harm than good. The visa officer has the authority to approve your visa or to deny it with the concurrance of their superior. Recognize that fact of life and conduct yourself accordingly for best result.

Yodrak

My packet 3 mentions nothing of a "spot check". It does, however, tell me what I need to bring. I will bring her PHOTOCOPY of a birth certificate, but even that is not listed as necessary. What should I believe? The K1 visa 'faq' on here...or my list of instructions? The United States government has gotten everything it needed from her when she filed. My packet mentions only her divorce certificate and the affidavit of support. I'm really getting tired of the contradictory advice/opinions I have been reading.

Packet will not mention a "spot check" but what people here are telling you is that you may be asked for something that is not listed in Packet 3. It happens. Read the forums. The consulate officer has a job to do and may require additional information to finish his/her job in a manner compatible with U.S. national security. Remember, we're in a post-9/11 world.

The K1 FAQ here is based upon past experiences. It's not for nothing. I would think that the majority of the time, you only need what's listed in packet 3/4. However, as people here are saying, don't be surprised if you're asked for more.

I personally think you should be fine with a photocopy of her birth certificate (or US passport) to prove she's able to petition you. HOWEVER, the officer has a right to ask for any originals that you submit as a copy.

Ok thanks. I think it's rather ridiculous of them to give me instructions, I follow them, and then they ####### on me for not having extras that I wasn't told to bring.

What happens if they want more that I don't have? I have to go back to Montreal?

Thanks for the advice. I appreciate it. I have only been antagonistic to those who have been antagonistic with me first. You know...because I reported the posts.

And all I know is, subjectivity or no subjectivity, I am following instructions and bringing what I was told to bring. And my fiancee has stated over and over again that she is not giving me her birth certificate.

I am not saying that "spot checks" have not occured or could not possibly occur but let's realize one thing, it is not the job of the consulate officer to re-adjudicate a petition. I have read many threads and have little or no recollection of a situation where these origianl documents have been requested by the interviewer.

Thanks. That is comforting to hear. I would agree with you 100%.

I would think these officers are reasonable people. If you follow the instructions and your case is straight forward, you have no worries. I have no idea what happens if they want something you don't have, but don't stress over it.

And I think this whole process is rather ridiculous :) Or at least, the delays are.

Thank you. :thumbs: And good luck to you.

I HATE miles, gallons, pints, words spelled without u's, and all that other jazz...

07/21/07 Entered United States on K1 visa

08/18 Married

10/20 Sent AOS package to Chicago; arrived on 10/22

11/21 Biometrics appointment

12/14 EAD card production ordered; AP approved

12/15 AOS transferred to CSC

12/22 AP arrives in mail

12/27 Received EAD in mail

02/15/08 Green Card production ordered

02/25 Received Welcome letter in mail

02/28 Green card arrived in mail. Done with USCIS for now

01/12/10 Sent I-751 to California Service Center; arrived on 1/14/2010

02/09 Biometrics appointment in Michigan City, Indiana

02/10 Case updated

02/23 Received NOA

03/08 Card production ordered

03/10 ROC approval letter arrives

03/15 Ten year Green card arrives

02/17/12 Mailed citizenship application

forget day Biometrics appointment in Michigan City, Indiana

05/14 Interview and test in Indianapolis, Indiana

05/23 Received oath letter

06/15 Oath ceremony...end of the line.

Posted
And all I know is, subjectivity or no subjectivity, I am following instructions and bringing what I was told to bring. And my fiancee has stated over and over again that she is not giving me her birth certificate.

You will most likely be fine without it - people just want you to be aware that you could be asked to show originals of any documents, including the petitioner's birth certificate. Probably very unlikely (it varies from consulate to consulate how much they want to see at the interview, in any case), but... just be aware of the possibility. Before I had my interview I was asking questions to find out if I'd really need a copy of my then-fiance's marriage certificate from his previous marriage (he is the USC) - he was of the opinion that that was a ridiculous requirement (given that we'd already sent in his divorce decree with the I-129F), he didn't have a copy of it and wasn't about to apply for one. In the end, I was barely asked for anything at interview, let alone that. But... when I originally asked the question, I was a bit worried when a couple of people confirmed that yes, they had been asked for the petitioner's previous marriage certificate at interview. If I remember right, those people had been interviewed in Montreal... I know it's not the same thing, but it sounds like Montreal aren't above making seemingly pointless requests of K-1 applicants at interview, just be aware of that!

Also... I would second what Yodrak says. There's no point having the attitude that any requirement in this process is ridiculous/pointless/whatever, because at the end of the day if the CO asks you for something, you have no option but to smile sweetly (or not) and give them what they ask for - they couldn't care less about you, me, or any other foreign beneficiary, they're not there to do us any favours, they're not doing us a service, they are allowing USCs the PRIVILEGE (not right) of applying to bring their foreign fiance(e)s/spouses to the US. Our opinions on the efficiency or otherwise of the whole process are less than irrelevant!

Oh... good luck, by the way. And really, you should be fine without your fiancee's birth certificate - I really don't think it's something people are asked for on a regular basis! Don't let the infuriating-but-accurate standard VJ response of 'they have the right to ask for anything they like' worry you overmuch... just be aware that the reason people say this is because it's true! :)

2005 - We met

2006 - Filed I-129F

2007 - K-1 issued, moved to US, completed AOS (a busy year, immigration-wise)

2009 - Conditions lifted

2010 - Will be naturalising. Buh-bye, USCIS! smile.png

Posted
And all I know is, subjectivity or no subjectivity, I am following instructions and bringing what I was told to bring. And my fiancee has stated over and over again that she is not giving me her birth certificate.

You will most likely be fine without it - people just want you to be aware that you could be asked to show originals of any documents, including the petitioner's birth certificate. Probably very unlikely (it varies from consulate to consulate how much they want to see at the interview, in any case), but... just be aware of the possibility. Before I had my interview I was asking questions to find out if I'd really need a copy of my then-fiance's marriage certificate from his previous marriage (he is the USC) - he was of the opinion that that was a ridiculous requirement (given that we'd already sent in his divorce decree with the I-129F), he didn't have a copy of it and wasn't about to apply for one. In the end, I was barely asked for anything at interview, let alone that. But... when I originally asked the question, I was a bit worried when a couple of people confirmed that yes, they had been asked for the petitioner's previous marriage certificate at interview. If I remember right, those people had been interviewed in Montreal... I know it's not the same thing, but it sounds like Montreal aren't above making seemingly pointless requests of K-1 applicants at interview, just be aware of that!

Also... I would second what Yodrak says. There's no point having the attitude that any requirement in this process is ridiculous/pointless/whatever, because at the end of the day if the CO asks you for something, you have no option but to smile sweetly (or not) and give them what they ask for - they couldn't care less about you, me, or any other foreign beneficiary, they're not there to do us any favours, they're not doing us a service, they are allowing USCs the PRIVILEGE (not right) of applying to bring their foreign fiance(e)s/spouses to the US. Our opinions on the efficiency or otherwise of the whole process are less than irrelevant!

Oh... good luck, by the way. And really, you should be fine without your fiancee's birth certificate - I really don't think it's something people are asked for on a regular basis! Don't let the infuriating-but-accurate standard VJ response of 'they have the right to ask for anything they like' worry you overmuch... just be aware that the reason people say this is because it's true! :)

No problem. Thank you very much. I understand they're just trying to say it could happen.

I do think we have the right to be annoyed with things though. If you bring everything you're told to bring to your interview and they pull a fast one on you, you should be angry even if you don't show it. You're paying for the whole process after all.

I HATE miles, gallons, pints, words spelled without u's, and all that other jazz...

07/21/07 Entered United States on K1 visa

08/18 Married

10/20 Sent AOS package to Chicago; arrived on 10/22

11/21 Biometrics appointment

12/14 EAD card production ordered; AP approved

12/15 AOS transferred to CSC

12/22 AP arrives in mail

12/27 Received EAD in mail

02/15/08 Green Card production ordered

02/25 Received Welcome letter in mail

02/28 Green card arrived in mail. Done with USCIS for now

01/12/10 Sent I-751 to California Service Center; arrived on 1/14/2010

02/09 Biometrics appointment in Michigan City, Indiana

02/10 Case updated

02/23 Received NOA

03/08 Card production ordered

03/10 ROC approval letter arrives

03/15 Ten year Green card arrives

02/17/12 Mailed citizenship application

forget day Biometrics appointment in Michigan City, Indiana

05/14 Interview and test in Indianapolis, Indiana

05/23 Received oath letter

06/15 Oath ceremony...end of the line.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...