The fiance visa Interview is the most important point in your visa process
I want to compare something to our fiance visa process here. Stay with me and you’ll see where I go with this.
Simone Biles was less than 10 years old when she got the “bug”. She started practicing hard for one day to be the USA’s “most decorated” gymnast, according to biography.com.
Read that again: she was younger than 10 when she dedicated herself to practicing to become the best.
Yet, when did she climb to fame? At the Olympics. That’s when years and years of sweat finally paid off and she won several Gold medals at the Rio games in 2016, a mere blip in time compared to the years she spent preparing.
She’s a great example of how solid preparation ultimately leads to success. She knew years of hard work would only pay off if the judges at the Olympics were impressed.
In no way to undermine her success, our fiance visa interview is similar to the “blip” in time after the build up.
Here’s our build up:
● We prepare & submit our I-129F (takes 1-2 months)
● We wait for I-129F processing (and lose sleep wondering whether you should’ve filled out the application in all caps or lowercase) (5-8 months)
Our visa Olympics:
● Proving our case to an officer at the K-1 visa interview (1 day)
Just like how the Olympics is one of the MOST important part of Simone’s journey, our fiance K-1 visa interview is one of the MOST important part of our journey.
Let me explain to you what goes behind the scenes and why it’s indeed the critical turning point.
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Why the K-1 visa interview is the MOST important part of the K-1 visa process
If Simone didn’t nail a landing perfectly, do you think she’d be able to plead to the judges, “believe me, I really practiced. I don’t know what happened…”
Of course not. It’s the same with our fiance visa interview. You can’t expect much if you say “Denied? But… I really want this visa.”
The Embassy has to be convinced of your eligibility. But why does this even matter?
The simple answer is that the Embassy officers hold the power to approve or deny your case REGARDLESS of how your case actually is. The story behind the curtains is shocking once you learn about it.
You see, the US Embassy plays an extremely important role. It’s considered the “eyes and ears” of the US government in terms of visa issuance.
The Embassy officers are on the ground, in the trenches, and face to face with applicants. They’re very experienced. They’ve seen the good and the bad. They can tell quickly who’s real and who’s fake.
Not like the USCIS who only approve your case based on paperwork (read what happens after you submit your I-129F).
The USCIS knows that they have a shortcoming because they can’t be with you face to face scrutinizing your paperwork and asking in depth questions.
That’s why they place a lot of trust and faith on the decision that the Embassy makes. And that’s why it’s important for you to satisfy the Embassy with YOUR case. Because if they are, then so is the USCIS.
Here’s the excerpt from the Foreign Affairs Manual. It’s what the government instructs officers to do regarding suspected fraud relationships:
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What to do if they suspect fraud
The government tells them to pluck out fraud cases and return them to the USCIS or NVC. Along with a detailed explanation of why they felt it should be denied.
The USCIS has faith in the US Embassy. It’s like how the Olympic Committee places their faith behind the judges who score Simone’s athleticism. They know the judges will evaluate her performance fairly because they’re experienced in all facets of the sport.
Let me give you some context here for our fiance visa.
Good cases can turn bad, bad can turn good
I’ve seen fiances cases that were 100% compliant in terms of paperwork, financials, and Medical report, Police clearance and so on, but were still denied due to the officer’s “gut feeling” regarding the relationship.
You know… cases that have red flags or big holes in their story. It’s common for those with a vast age difference or language barrier.
Take this for example:
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It’s from a devastated applicant who had spotless paperwork, yet his case was denied by the consulate due to red flags.
Realize that if we were only talking about his paperwork, then this guy would be approved. But we’re not.
The USCIS saw his paperwork and stamped an approval without a second thought. But when they shipped it over to the Embassy, the officers put it under a microscope. Similar to how Olympic judges may use grading systems in the Olympics.
It all makes sense, right? That there’s a system to visa evaluation.
But now, let me throw that entire concept out the window.
At the end of the day, many complex factors affect their decision. Here’s an example that’s completely different from the first.
I’ve known applicants who walk into the interview with incomplete paperwork — such as a missing police clearance certificate — but were still approved because the Consular officer felt there was enough to go on for approval.
Here’s the actual conversation I had with the one who had problems with Police Clearance Certificates. He was panicking that he wasn’t going to make it with a PCC because his home consulate wasn’t cooperating.
● Would he have to cancel and reschedule his interview?
● Was he going to be turned away at the interview?
● Did it mean an automatic denial?
● What if he could never get that PCC, what then?
I told him to try his luck and ask the US Embassy for help. He did. And he emailed me the response the consulate gave him:
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The Embassy responded that he can come in for the K-1 visa interview and the officer will figure out if he needs to submit a Police Clearance or not.
Think about that: Even though the rules explicitly state a PCC is required from each applicant from the locations you’ve lived, they understand it’s impossible to get sometimes.
More than that, they have the authority to say “Nah, you’re okay. You don’t have to bring that in.”
And indeed, the officer allowed the interview without a PCC. In fact, even though his paperwork was “incomplete”, he was still approved a K-1 visa.
Again, the Embassy has the discretion on almost all facets of your case. That’s why I say your interview is the most important point in your entire process. A good case can turn bad, and a bad case can turn good (like the two examples we saw).
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What does the USCIS think about that?
So, what does the USCIS think about all of this power?
Do you think they objected to the fact that this applicant didn’t bring a PCC from a particular country and the Embassy officer still approved his case?
No way. They have faith that the Officer made the right decision to waive the PCC requirement, and no security issues arose.
Similar to how the Olympic Committee has full faith in the judges who awarded Simone the gold medal. They didn’t go back and say “Sorry, Simone. We didn’t agree with the judges. We’re taking that medal back”.
At the other side of the token, how does the USCIS respond when an officer refuses someone’s K-1 visa?
Although the USCIS follows a procedure to “review” the denial before giving their final verdict, the same deal as before applies. In most cases, when an Embassy officer denies a fiance K-1 visa, the USCIS supports it and usually agrees with it.
Again, the Embassy is the “eyes and ears” of the government. That’s why the K-1 visa interview is the most-important part of your entire process.
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Does this mean anything else, like your I-129F, isn’t important?
If you’ve been with me so far, two things should’ve popped into mind:
● If my two examples show that it’s up to the Officer’s discretion, doesn’t everything just come down to luck then? Why should I even prepare at all?
● Secondly, does this also mean my I-129F petition isn’t important because the Embassy makes a decision regardless of how I front loaded everything?
Because there’s so much freedom in what the Consular Officer decides, it’s easy to think that it all comes down to luck.
OR to think it’s just luck that Simone nailed that perfect landing to rake in several gold medals. Or was it luck that the judges were impressed by her?
Not by a long shot.
In our fiance visa interview, it’s not just one factor, but a combination of evidence, of being eligible, prepared and answering questions correctly that land you an approval. The officers are experienced with different cases. Whatever your situation is, they’ve seen it before.
Think back to our two examples. The first: the guy with a red flag denial. Do you think it was ONLY because he was 12 years younger than his female US partner that got him a denial? Even though his paperwork was spotless.
Perhaps. But I think it was more than just that. It was a combination of the red flags, infrequent meeting (comparatively), not meeting family members, and the way he responded to questions (defensively) during the interview that sealed his fate.
Think about the second example: Was it luck that the applicant walked in without a PCC and was still approved?
Perhaps. OR perhaps it was because his case gave the officer a good “gut feeling” with a combination of: no red flags, other paperwork being complete, “clean” background history, and sincere responses during the interview that got him an approval.
Let’s take the conversation even deeper.
What about your I-129F petition? You know, the packet I talk so much about in my website and how important it is.
Does it mean your I-129F is unimportant since the Embassy officer can interpret your case anyway he/she feels like it regardless of what’s within the packet? While no one (like the USCIS) will say anything against it?
No. You see, let’s not confuse lack of accountability with lack of responsibility. Yes, it’s true that officers aren’t questioned by the USCIS too frequently regarding their decisions. But that doesn’t mean the officers are irresponsible and/or emotional with their decision (Read why proof of relationship is critical for your K visa interview).
The I-129F is one of the most important packets they use to review your case, understand your relationship, and base their conclusion while interviewing you.
It’s your best tool of persuasion. That’s why I talk so much on my website about making it perfect. The I-129F is HOW you make sure you front load for a great case. The K visa interview is WHERE this hard work shines. And both are critical components for getting a visa.
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Focus on getting prepared for the interview
So, the idea to take away is that the interview is the most important aspect of your fiance visa. Everything we talk about– the I-129F, the proof of relationship, the affidavit of support, rehearsing questions/answers, and all else — combine together to get an approval.
The K-1 visa interview is the point where your hard work comes together. The Olympics is where Simone’s hard work comes together.
Good cases can turn bad, bad can turn into good. Don’t get complacent.
My words of wisdom: the single biggest advantage you have to have for a good outcome is to be prepared with that the things that matter like paperwork, details, proof of relationship and so on.
After years of unraveling the fiance visa process and seeing how it ticks, the truth is that preparation is key to approval, along with paperwork and great bona fide evidence (my 3 parts of a “Solid Approval”). The interview is where this preparation shines.
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Hi Prem after 24 hours of interview, I checked the CEAC showing “ISSUED”. The physical passports with Visas are already received by my fiancee. She just need to attend the Pre Departure Orientation/Guidance Counseling Program and booked to fly on June 30. I’m so happy and excited to see them coming. But i know its not end of the journey, its just the beginning. I am not done with your website. I’m still reading and taking lots of information about the Adjustments of Status. Right now the preparations I started is the filling of the I-145 Form.
Hi Prem the preparation are very detailed and most of the preparations are made by myself. I made it ahead of time, lots of times to gather the documents. I printed the checklist of all the documents from the embassy website and followed it orderly and present it well organized. No single missing documents during the interview. I am a little worried about the Police Clearance from Japan Embassy since my Fiancee lived in Tokyo for more than 6 months. It takes two months to release the Police Clearance so i have to cancel the previous appointment date I set for them, and the rest went smoothly. It takes almost a year for the whole process. The interview date I set was the last day of expiration of the 4 months validity of NOA2.
My Fiancee said, she greet, smile and made eye to eye contact when she answers the questions. She mentioned that she doesn’t want to be over confident, that she only give brief and precised answers. The questions are mostly about myself, of how well she knows me, like my birth date, address, my work place and what kind of job I’m doing. The consul ask how much money i send every month, and when was the last time i visited her and etc. The consul never look for proof of our relationships, although she brought some pictures of us, greeting cards and proof of remittances. For the affidavit of support, the Consul only took the recent income tax 2018 transcript.
I hope this will help your readers to understand and how important the presentations of the documents during the interview. Once again thanks for being with me in this journey. Good luck to everyone!
Manuel,
That’s great news. I’m grateful you shared your experience. Thanks for showing us a few tips your fiance followed. I’m sure all my readers will benefit from this. How is your current status? does the CEAC read “issued”?
-Prem
Hi Prem. I just wanted to share my fiance interview experience. my fiancee and my 2 k2 children went to interview this may 29/19. you are right it was the nerve racking part of this whole process where you have meet to face to face with the consular officer and prove that you deserve the final goal which is your visa issuance. it maybe case by case for every crucial questions, but as far as how truthful and confident you are with your answers, everything will be smooth as a butter! there’s a little bit struggles and effort to understand the questions, but everything went fine. to hear the last words from the consul “congratulations, your visa has been approved” is the sweetest words that you would want to hear, followed by the instructions of how you will received your visa packet through the courier. my daughter (k2) cried, hugged and kissed her mom after hearing this words. in replied of “thank you sir!.
once again Prem, I would like to thank you for your guidance and advocacy with your website. I would 100% recommend your website to any of my friends that would go to fiance process.
in addition to this, I just check the visa case status through ceac and it showed “issued”
what a wonderful feeling!
Manual,
That’s fantastic news! Congratulations on the approval. I’m glad her interview went well and she, along with the kids, are approved. Would you mind sharing more details about the preparation? that way, it’ll help all our readers understand what to expect because they’re just as worried as you were. For instance, let us know how the paperwork went? preparations? any issues preparing? what were the biggest obstacles?
Congratulations again! and thanks for recommending the site to your friends and family.
-Prem
Hello, we sent our I129f in November 2018, got the letter saying it was received then in March receive a RFE about my foriegn divorce, stating I need to send proof that 1 of us resided in the foriegn country because those decrees aren’t signed by a judge, I sent the notice of publication translated from Spanish to English stating he filed the divorce in 2016 and it stated he lived in that country, I also sent the original decree translated also, with the Travel history and I-94 as proof when my ex entered into the USA along with his passport, SS card anything stating he entered into the USA after the divorce was filed. I’m a little concerned,do you have any information about how long it takes for RFE to be reviewed, I responded within days of the request they are processing October 2019 document at this time. Thank you
Hey Theresa,
I’m not sure why it’s taking so long for you. Generally, RFEs are received, processed and an answer is given within a few weeks of acceptance. Have you sent in an inquiry as to what’s taking so long?
-Prem
I live near one of the drop-box locations. Could I deliver my I-129F paperwork in person?
Hey Rick,
I’m afraid I don’t know the exact answer to that, but my experience tells me that you are required to mail it out. Have you read anywhere in the instructions or otherwise to indicate that it wouldn’t be the case?
-Prem
Hi Prem,
My fiancé had his k-1 interview last week and was told congratulations based on his interview. However, he was issued an letter saying they were doing additional administrative processing. The Consular officer told him, she just has run his US record (as he has been in the states before under the F1 visa). She said he should receive an email on where to drop off his passport for stamping in a week, but he wouldn’t have to see her again.
We are a little worried. My fiancé switched school in the states and his Sevis record was terminated, but somehow he was able to register for new classes with a new SEVIS ID and completed two semesters, before returning home. Now we are trying to figure out if he ever overstayed or accrued unlawful presence, which we doubt since his I-94 was for “D/S”.
We aren’t even sure if the government has record of him being enrolled, but we did receive an I-20 and his transcript reflects both schools.
All this occurred in 2015 (he left the US in December 2015).
Does the consular officer dig that deep to look at pass immigrations like this. Is this grounds for inadmissibility, even though we have proof of his enrollment?
Hello Missy,
thanks for sharing your concern. Unfortunately, I’m not an expert in the F1 visa category. I’m not sure if your fiance’s overstay constitutes unlawful accrual for days past a certain point after your SEVIS has terminated. Inadmissibility 212(a)(9)(b) means you’ve overstayed past a certain point and I don’t know what particular limits exist for the F category. Have you checked the CEAC status yet?
In the worst case scenario, the officer may offer a waiver for the inadmissibility (if it exists) I-601
-Prem
Greetings Prem K
My fiance had his interview January29,2019. Sorry to say he received a 221g notice..The consular accused us of being married already , that we lied because in personal chats we greeted one another as husband and wife . Neither one of us have never been married before we greeted one another like this because because we had plans to marry we did see any harm in addressing one another in this manner..Long story short so since he received 221g is this the same as being denied ..i guees now we’re just waiting for notice saying why refusal of visa ..If possible Prem can you shed some light on our situation please or should we just expect the worst denied an start all over again ..
Sincerely;
Shannon
Hey Shannon,
I’m sorry to hear you’ve been denied. Yes, it’s not new for an officer to deny someone based on the applicants referring to each other as “husband/wife”. In fact, I’ve written about that before in one of my blog posts and have seen previous denials because of this. I also talk about this very topic in my I-129F course and how to avoid this misinterpretation.
Nonetheless, the 221(g) denial is one they use to either deny your flat or to have you wait until they finish administrative processing. Have they contacted you at all after that denial? what does the CEAC status say? Have you emailed them for an update?
You should get an answer from them before you take the next step (if you want to) whether or not you want to refile.
-Prem
My fiancé should be about ready to schedule his interview next month. Of course this is the worst part and what we’re most worried about. I’m trying my hardest to prepare everything, but it all comes down to him and whatever happens at the embassy. Do you have any experience with anyone who failed a drug test on their medical? Unfortunately on my fiancé failed for marijuana on his original medical exam. This set us back about 6 month in which they had him doing random drug screenings (all passed thankfully), he did his new medical and had no issues, just wondering if that one mistake will be majorly detrimental to our case.
Hello Angela,
failing a drug test while doing the K-1 visa medical exam is a big problem. If he’s been deemed passing by the approved physician, then he may try to interview for a K-1 visa. It definitely complicates things if you have drug history. Drug abuse/history is one of those things that the US Dep’t of State takes seriously. I can’t predict how the interview will be affected because it’s all up to the discretion of the officer how they interpret the results. What has your research revealed so far about the drug history?
-Prem