Fiance Visa Interview at the Embassy

Fiance Visa Interview at the Embassy

Fiance Visa Interview at the Embassy

This is an overview of the fiance visa interview process normally conducted at the US Embassy or US Consulate where the fiance resides. The United States Immigration and Nationality Act (INA) provides the legal requirements that the alien fiancee and US citizen petitioner must satisfactory fulfil before the US consular officers will interview the fiance. The officer will conduct what is similar to due diligence to determine whether the visa applicant is eligible for the visa.

In generally practice, the interviewing officer will review the documents that the American petitioner submitted to USCIS in the I-129F form, and any additional evidence submitted by the visa applicant. The officer conducts a due diligence in that he/she reviews the information in the file and ask the visa applicant questions to ascertain the sincerity of the relationship. Interviewees may feel intimidated in this situation as one would be if sitting across a complete stranger who asks you personal questions regarding your relationship with your loved one. Nonetheless, the officers are trained to scrutinize the applicant for any legal inadmissibility issue and whether the couple's relationship is bona fide.

Questions asked by the officer is generally geared at determining whether the couple has a sincere or bona fide relationship, and to determine whether the applicant is legally inadmissibility under the INA. Finally, the interview is an attempt to ask about any discrepancies or allow the applicant to clarify and explain any weaknesses in the case. Thus, the consular officer interviewing the fiance visa applicant is merely in charge of ensuring the case is eligible for approval.

Therefore, any temptation to lie to the interviewing officers is pointless as they are trained to detect those deceptive techniques used to obtain a visa. The penalty for lying to a consular officer could result in an outright denial of the visa application and possibly a bar on entry to the US for years to come. Thus, honesty is the best policy when it comes to answering sensitive questions at the interview.

For visa applicants who were issued a "blue sheet" 221(g) under Immigration and Nationality Act (INA), wherein the consular officer discovered new information or detected a discrepancy in the case, the applicant is given an opportunity to remit evidence to reconcile the issue at hand. This may be in the form of more providing them missing documents, or an affidavit from the US citizen petitioner attesting to the discrepancy. The purpose of the consular interview is not to harass or intimidate the fiance(e) but to determine whether the individual has complied with the requirements for the visa.

In light of this, should the applicant receive an outright denial as the consular officer predicated the decision on some fraud or misrepresentation in the relationship, then more than likely found the applicant legally inadmissible to the US. Often, there are waivers available for the applicant depending on the grounds of inadmissibility. For instance, an applicant may be inadmissible based on a previous overstay in the US, therefore a proper basis for a I-212 waiver for overstay.

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