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- Articles>>Family-Based Immigration
What to Do When Your Spousal/Fiancée(e) Case is Denied at the Consulate?
[09/28/2010]

Preparation for the Visa Interview


Unlike spousal adjustment interviews in which the couple almost invariably lives together and has amassed some quantity of shared life documentation, consular fiancé(e) and spousal interviews usually come when the parties, usually earlier in their relationship, have not lived together much or at all. For this reason the applicant’s knowledge and demeanor at the visa interview is particularly critical to establishing the required good faith relationship. Accordingly, it is important for counsel to prepare the applicant well for the test.


Following is an outline suggesting things to cover in at least one meeting, probably telephonic, involving the petitioner and the applicant, to brief the applicant on things she should know and to get her comfortable talking about the relationship. In this outline we assume the USC petitioner is the male of the couple.


The facts brought out at the meeting should then be sent to the applicant to study.


Warn her that the visa interview will be stressful, while her demeanor should, ideally, be comfortable and relaxed. The applicant will be alone. Questioning her will be the consular officer and, usually, a third party national translator. The atmosphere may range from professionally cool to openly skeptical. The better she is prepared the more persuasive she will be.


Following are our suggestions about things to explore. Of course all cases are unique and inevitably factors mentioned set out below won’t always apply. Also we don’t pretend to be exhaustive is suggesting things to cover. The important thing is for you to recognize the particular factors pertinent to the particular case and to encourage the couple to be detailed and precise in discussing them.


In some cases we suggest discussing facts and plans in more detail than the couple may have done themselves. If need be, explain the consular officer will expect them to have thought about such things.


Preparing a visa applicant for the interview is different from preparing a witness for a trial or a deposition. It’s not ‘answer the question and stop’. Rather tell her speak expansively, without rambling, about the relationship.


Make her understand that the questions she will get are not traps, but opportunities.


Teach her to make eye contact with the interviewer, and project optimism and good will.


Also teach her to talk proudly about the relationship. Many young women will have to overcome a natural modesty and reticence that the interviewer may interpret as evasiveness. Practice can overcome that.


Encourage her to make reference to documents, such as, photos and email messages in the file when pertinent to her answers.


Areas to Explore


Relationship History:


• How did the couple meet?


• When and where were you actually together? Give dates and specific place names.


• What are some of the fun things you’ve done together, and plan to do in the US?


• How and how often do you communicate?


• Describe his marriage proposal and her response.


• Describe marriage ceremony or plans.


• What do you find attractive about each other?


Relationship Quality:


• What do you find attractive about each other?


• Describe how courtship or marriage took place in conformity with local customs, (for instance in Vietnam, a big engagement party).


• Describe the names, ages and family situation of his parents, children, and siblings, where they live and where they work or go to school (kind of school).


• Does petitioner have a pet; and if ‘yes’ what is it, its name and age? Maybe an anecdote, i.e. Charlie’s dog Fido got lose last week and Charlie lost half a day of work before he found him.


• How does she feel about pets and has the couple discussed it?


• What does he do for a living? How far did he get in school, and does he support her now?


• Has he ever been married before; what does she know about the previous relationship?


• His interests, i.e. sports teams, books, hobbies.


• His favorite TV shows.


• His musical interests, hers.


• His religion, hers; how observant do they plan to be?


• His home – own or rent? How many bedrooms, condition of home and repairs or modifications planned or needed? Describe the neighborhood – safe, friendly; how will she get around, bike, mass transit, another car?


• His education level.


• What does the couple have in common? How are they different?


Marriage plans:


• In fiancé(e) cases ‐ will marriage be religious, civil?


• Describe plans in detail including name of church, reception facility; how many guests; how much will it cost?


• Honeymoon, where and when?


Children:


• What school (specific name) will the children attend and what grade? Where is the school location in relation to where she will live?


• What provisions are being made for a smooth transition, such as English language lessons for the children at this time?


• What community amenities are available to the kids, YMCAs, playgrounds and the like?


Her Plans for Life in US:


• What, specifically, are her plans for life in the US; be specific and key it to the couple’s particular situation; if it’s college, what college and what would she study. If it’s work, what kind of work and the feasibility of finding it where they plan to live.


• Do they plan to remain in his present dwelling or move, and why?

Source: AILA
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