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| France |  Review on December 19, 2022: |
DariusBodarius
Rating:  | Review Topic: IR-1/CR-1 Visa
The petitioner (Matt) was told he did not need to be at the interview, and that only the beneficiary (Melanie) needed to come. However, it's a darn good thing that Matt came, because literally all of the questions (except for one) were directed towards him! The only question the officer asked Melanie was, "how did you two meet?" She was able to reply with a single word before the officer cut her off and said, "that's fine, thank you." Every other question was directed towards Matt. Questions about Matt's finances, Matt's employment, Matt's taxes, etc. Questions that would have been very difficult for Melanie to answer.
First off, the officer told us when we arrived at the window that we needed two passport-style photos. Both the email we had received from the embassy confirming the interview, plus the embassy website both stated that only one photo was necessary. So one was all we brought. When we explained this to the officer, they didn't seem to care, and simply repeated "you need two photos". Fortunately there was a photo booth inside the embassy, so we were able to quickly take two new photos. But still, the fact that this mismatching information was provided to us made for a frustrating start to the interview.
Melanie was in the first trimester of pregnancy at the time of the medical exam. As a result, the radiologist instructed us to wait until the second trimester before conducting the chest X-ray. We explained this to the officer during the interview, and the officer said it wouldn't be a problem. They would simply put our file on hold until the results of the medical exam came in (which was about 2 months after the interview). However, we were planning on visiting the US for Thanksgiving in November (during this 2 month waiting period). We thus asked the officer if it would be okay for Melanie to travel to the US on an ESTA at this time. The officer assured us that it would not be a problem, and even let Melanie keep her passport (normally they hold onto it after the interview and mail it to you once the visa has been issued). The officer said we just had to mail it back to them once we got back to France after Thanksgiving. Well, this turned out to be incorrect information. We later learned that foreigners who have immigrant visas under review are not allowed to travel to the US while their case in under review. As such, Melanie's ESTA application was refused, and she was not able to visit the US for Thanksgiving. It is understandable that this policy exists, and normally it wouldn't be an issue, as normally the time between when the interview occurs and when the visa is issued is a matter of days. But because of our particular situation, needing to wait 2 months for the chest X-ray due to the pregnancy, this period was quite a bit longer for us. So it is unfortunate that the officer gave us incorrect information, which resulted in us having our expensive travel plans canceled at the last minute.
Another misunderstanding which occurred with our officer. As we were going through DCF, Matt submitted form I-864 at the interview (rather than online beforehand, as is what normally occurs for the standard CR1 visa process). On form I-864 it explicitly states that the petitioner must submit a copy of either an "IRS transcript" or their most recent federal tax return. As such, Matt came prepared with a copy of his IRS transcript. The officer claimed that they did not know what this document was, saying they had never seen it before in their life. They therefore refused to accept it, despite the fact that it states very clearly on form I-864 that it is acceptable.
Furthermore, as Matt was employed abroad at the time of the interview, his US-earned income was technically below the minimum threshold required by form I-864. Thus, he made up the difference by claiming liquid assets, and brought proof of those assets to the interview to submit with form I-864, again as is instructed by the form itself to do. Again, the officer refused to take them, saying they "only accept federal tax returns and nothing else". The officer insisted that when Matt get home, he mail the embassy a copy of his federal tax return to complete the form.
Matt ended up mailing the proof of those assets to the embassy, along with the requested federal tax return, just to be safe. In the end, the visa was approved just a few days after the results of the medical exam were delivered, so all is well that ends well. Nevertheless, the fact that the officer provided incorrect information during the interview, plus the fact that the officer did not appear to be familiar at all with what documents are acceptable/required, made for a lot of unnecessary confusion and added stress. Matt & Melanie advise to anyone who is attending a CR1/IR1 visa interview in Paris in the future to come prepared with far more than just what is asked of you. Bring extra photos, extra documents, documents that they don't even ask of you, etc. Bring absolutely everything you can think of, and then more. Because you never know what is going to happen on that day.
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Consulate / USCIS Member Review #31657