What are my options if interview rejected?

[ChrisAndAnnie 0]

Hello everyone:

My wife and I are having a second interview in Guayaquil in a couple of days. In the first interview my wife was told that there were isufficient evidences of a marriage, and therefore a second interview with me present this time was required. The reasons and circunstances are unimportant. My question is: if for whatever reason we are told in the interview that our application is rejected, can anyone please tell me what options do I have at that moment?, specifically, can we insist to request a third interview (we can actually insist all we want, the question is, do we have the right to)... do we have the right to appeal, or the right to request a review, or whatever else.

Can anyone please help?

[TBoneTX 45,603]

Oh, brother... yet another couple gets hosed at the ####### Guayaquil consulate. Sorry to hear it. You'll undergo a Stokes interview, with your separate answers compared so that they can rule on whether you're legitimate. Your interview may not even be with an American. At the end, you'll be told (essentially) "don't call us; we'll call you."

The reasons and circumstances are not unimportant; they're actually crucial to know. Because you didn't go into them, you can get only general help now, with precious little time.

I wish that you had posted earlier than with just a couple of days' notice. You should have been collecting affidavits from everyone whom you know who is aware of the bona fide nature of your relationship.

Please go to the "US Embassy" forum, search for the "US Consulate in Guayaquil, Ecuador" thread (I bumped it toward the top just now), and read it from start to finish. Be sure to post complete details of your Stokes interview there.

Meanwhile, get to Guayaquil early, take a camera-load of photos of the two of you together in different situations, find a place to print them out (in the mall is good), and bring them to the interrogation. This is completely crucial. Bring a suitcase full of every other bit of evidence of your relationship that you can scrape together. Also, bear in mind that the two of you will be watched from the moment you enter the ####### consulate: be a couple, but don't overdo the lovey-dovey routine.

Also, be sure to read the embassy review of Guayaquil by PDXBicycleBoy, and take heed.

Edited July 19, 2011 by TBoneTX

[ChrisAndAnnie 0]

Hi TBone,

Thanks a lot for the information, I really appreciate it. But with all your good intentions I am sorry to say my question was not addressed. My question is: Say that we get rejected. Say that they say "Don't call us, we will call you", can anyone tell me what are my options? Can I appeal? Are they bound by law to provide me with another interview? Should I refuse to sign absolutely anything for fear they will take my signature and place it in a completely different context?, Should I call a lawyer at that moment?

Thanks for your attention

Chris And Annie

[TBoneTX 45,603]

Brother Chris,

The reason that your questions weren't directly answered is because the answers depend upon the reasons behind the pickle that you're in. But, let's try: Can you appeal? Perhaps. See the Waivers forum. Are they bound by law to provide you with another interview? Hell, no -- not by law or by ethics, either. The only possibility would be if your visa is refused and your petition is returned to USCIS, and USCIS "reaffirms" the petition and sends it back to the hellhole. Should you refuse to sign anything? Probably, but you probably won't be asked to sign anything. Should you call a lawyer? Doing so wouldn't help.

Your ONLY chance is to scrape together ALL the evidence of "bona fide relationship" that you possibly can, bring all of it, and create more while you're down there before the Stokes interrogation. Without further details from you of the reasons and circumstances, no one can be of much further help.

[pushbrk 12,998]

Hello everyone:

My wife and I are having a second interview in Guayaquil in a couple of days. In the first interview my wife was told that there were isufficient evidences of a marriage, and therefore a second interview with me present this time was required. The reasons and circunstances are unimportant. My question is: if for whatever reason we are told in the interview that our application is rejected, can anyone please tell me what options do I have at that moment?, specifically, can we insist to request a third interview (we can actually insist all we want, the question is, do we have the right to)... do we have the right to appeal, or the right to request a review, or whatever else.

Can anyone please help?

The worst case is the Consulate returns the case to USCIS with a recommendation to revoke the approval of the petition. If that happens, you'll have the opportunity to make your case for reaffirming the petition approval. If reaffirmed, there will be another interview but that's months from now. For now, be prepared. Do as you've been told by our resident Ecuador expert. Do it now and well.

[Penguin_ie 5,995]

You cannot insist an an immediate 3rd interview. You can ask, but it probably will not be granted.

Once the case is returned to USCIS (with a recommendation for denial), it will be several months until you hear from them. However, keep in touch to ensure they know you still want to persue the case, as there is a chance for a third interview then- like mentioned previously, this would be several months- or a year or more- in the future.

[Anh map 2,098]

Hi TBone,

Thanks a lot for the information, I really appreciate it. But with all your good intentions I am sorry to say my question was not addressed. My question is: Say that we get rejected. Say that they say "Don't call us, we will call you", can anyone tell me what are my options? Can I appeal? Are they bound by law to provide me with another interview? Should I refuse to sign absolutely anything for fear they will take my signature and place it in a completely different context?, Should I call a lawyer at that moment?

Thanks for your attention

Chris And Annie

You are essentially dead in the water and facing months of delay and stress. The file is returned to the US and you can appeal as pushbrk stated.

The specifics matter. You don't need to share them here. However, doing so may get you specific recommendations.

Be sure that you are prepared to the Nth degree with evidence to prove the legitimacy of your relationship and to address any other issues that arose during the initial interview. Do not go there assuming that your presence demonstrates a bona fide relationship. As TBone and others will attest. Guayaquil can be a meat grinder.

[ChrisAndAnnie 0]

Thank you all. In my case, my wife and I had the ups and downs of any couple (fights and arguments) which in our case resulted in I not responding timely along the timeline. In addition, I just did not want to pursue the visa petition for a period of 2 years. All in all, it is been 3 years I had not visited my wife. I don't blame the consulate, if anything my wife says she was treated well, and things where going well in her interview until she was asked when was the last time we had seen each other. When my wife said 3 years, the consul started consulting with several of her colleagues. My wife was made to wait 2 hours until another consul called her and very nicely told her that they had throughly discussed the case, and although everything else looked fine, three years was just too much time for a married couple not to see each other. Therefore, they requested my prescense in a second interview.

We feel fine. For us, the more they drill us with questions the better. We are going there to do our best. The interview is this week. I will let you know guys, and sincerely appreciate your advice.

Best

Chris And Annie

[TBoneTX 45,603]

What happened, si man?

[ChrisAndAnnie 0]

What happened, si man?

Thanks for asking... It may turn out to be an interesting story... I will know the outcome myself early next week. The wait is killing me.

Chris And Annie

[TBoneTX 45,603]

I will know the outcome myself early next week.

Be completely unsurprised if they dishonor their promised time frame for response.

Meanwhile, give us the interim information.

[Kehinde 45]

The worst case is the Consulate returns the case to USCIS with a recommendation to revoke the approval of the petition. If that happens, you'll have the opportunity to make your case for reaffirming the petition approval. If reaffirmed, there will be another interview but that's months from now. For now, be prepared. Do as you've been told by our resident Ecuador expert. Do it now and well.

Me and my husbands petition was sent back for "review for possible revocation". It took 45 days for the NVC to receive it here from Nigeria and then another week for the USCIS to get it, and now we have to wait 120 days for a NOIR to get reaffirmed. So yes you will be looking at a 7-8 month set back if that happens.

[TBoneTX 45,603]

Update, si man?

Interim information of what happened will be MOST useful to others; please avoid withholding it.

[TBoneTX 45,603]

See message immediately above and respond, please man.

[ferandrobin 0]

What happened with the interview??. Do u have any update??