The USCIS Petition Adjudicator
First Big Mistake
Proof of Meeting in Person
The U.S. Consulate Adjudicator
Example Situations
Proof of Relationship required for K1 and K3 cases
Tip of the Ice Berg (graphic explanation of what you can learn, and what you can't).

USCIS Petition Adjudicator:

This person reviews your filed petition package. He/she is looking for an excuse to deny your petition. It's their job! These are human beings with attitudes, prejudices, biases and God-like complexes... like most bureaucrats. Some get up in the morning with a very negative outlook for whatever reason, just like you might do on occasion. But this creature has the ability to take it out on YOU because you can't fight back. You may pay for whatever's irritating them. Of course, not every adjudicator is like that, every day. But you're drawing straws. You don't have the luxury of facing the person either and are totally at their mercy.

Do they follow the law? Sometimes. But the law provides them with hip-shooting choices. The USCIS web site often makes statements that clearly show this. If they "feel" something is out of order, they have great latitude in deciding your case. In the last few years the USCIS adjudicators have become buck-passers. This is a nasty trend because you don't know if you have a problem until your sweetheart attends the visa interview! That comes after a long wait, emotional investment, and the problem falls on the one you love, who is least capable of dealing with it. The so called petition problem is passed on to the Consulate Adjudicator along the Case Rider. That is why 41% of K1 visas get denied AFTER the petition has been approved.

The First Big Mistake:

Assuming that by filling out the forms and following the instructions, you will get your petition approved. That is basically true. However... the mistake is - anything you may have answered, and any supporting documentation will be passed on to the Consulate adjudicator and can be held against you. Most people do not know of several traps in the petition questions and answer them wrong. The instructions are misleading and are not law!

Over documenting and over answering form questions gives the USCIS adjudicator reason to add notes to the case rider for the Consulate Adjudicator. This has a snowball effect!   

Example:  I-129F form, question B-18 is most often answered wrong. One simple sentence is all that's needed, but worded properly. Not a life story. This gives the Consulate Adjudicator all kinds of things to play with at the interview. Success comes from giving them only what they need and not one word more. Most visa denials can be traced back to how forms were answered and what was used as supporting evidence. Same kind of thing happens with Relative/K3 cases.

Proof of Meeting - for K1 Fiance(e) visa:

In getting a petition approval for a K1 visa, the law requires that you must have met in person within the last 2 years. A very high percentage of petitioners over document these proofs and use things that do NOT provide acceptable proof. Many of these questionable supporting evidences cause comments to be added to the case rider, if acceptable at all. Many of these cause a RFE (Request for Further Evidence) to be answered, causing typical additional delays of 2 more months. Clean, simple support documentation for proof of meeting in person avoids the red flags sent to the Consulate Adjudicator and keeps the interview simple. Over documenting this required evidence is viewed as attempted fraud, because that's what fraud cases do to impress the "case worker." This can be made bullet proof with just 5 simple items.

Consulate Adjudicator:

After your case has percolated through the system, it ends up in the hands of the Consulate Adjudicator, who, like the USCIS Petition Adjudicators has human failings, feelings, and usually wishes they were stationed on another planet. Also like the USCIS Adjudicator, they hold their job for two years and are then rotated out of the system. Why? Because they build up really negative attitudes and become megalomaniacs. Of all the Consulate Adjudicators I've spoken to, almost to a person, they detest their job. After six months on that job, most become rabid maniacs.

Most Consulates have six adjudicators, and range from "newbies" to the "two year wonders." The ones in the middle range are the most rabid on average. Some "two year wonders" are either so happy to be rotating out, they will rubber stamp your case, OR are the worst of the lot because they are bitter and by God you're going to pay for the misery they've suffered over the past few years.

Their biggest weapon is the legal phase "bona fide" (general meaning - "good faith"). It's a very sloppy legal term that can be construed in many ways. Either a "bona fide" marriage must be intended for a K1 visa, or a "bona fide" marriage must exist. This gives the adjudicator almost unrestrained wiggle room in judging your case. And when considering the Fraud Profile, they can easily claim they "feel" you haven't proved your intent to marry, or that your actual marriage, is not bona fide. It's a fraud or sham. What they actually tell you, is that you haven't proven your case to be legitimate. Yes, your honey may have an engagement ring, or your spouse may have a certified marriage certificate, but as they "feel," she's just using you to get to the U.S. and that's fraud. OR - you don't really know her. You're just allowing your hormones to hijack your brain.

Some example situations:

The interviewer (Consulate Adjudicator), has a sloppy, fat wife who loves to lip off at him. He sees YOU are 50 years old, and this cute, saucy little 22 year old tart (his biased impression) standing before him, drives him nuts. "It ain't right," he thinks. "What a hot momma! I bet she's going to clean his clock. They'll be divorced in 2 years." This is how he plays out his envy. So much for the "bona fides."

The interviewer has seen so many fraudulent cases, your's just has to be another. This is reflected in an email I received 2 days ago (from this writing) from a client:

..... I can't tell you how happy I am to have believed in you. mara just called me to say that out of all the girls going through the interview that she had talked to, only she and 2 other girls got their visas approved. as she watched and waited hours to be called, she noticed her guy was taking between a half hour to over an hour for each interview. when she was called, it he looked over her papers and mumbeled a few questions, and said okay. it only took 10 minutes!!! you're a genius gerry. [ Note - "she and 2 other girls" was through the same adjudicator. On the phone, the guy told me the same adjudicator had interviewed about 8 girls total. ]

NO, I am not a genius. It just takes a lot of time over the years, paying attention to why cases get denied. Mara, above, was simply prepared to satisfy the adjudicator, and her case rider was clean, so the adjudicator had nothing to pick on. Nowhere on the web or in any published instructions is any of this published. I call it, "Finessing the adjudicators."

Proof of Relationship:

We're back to that clever term, "bona fide." To dodge this clever trap, good clear evidence must be supplied at the visa interview that a "bona fide" relationship existed BEFORE the visa petition was signed. This relationship must be proven with significant hard evidence that covers a significant period of time. Being married, does NOT prove you have a "bona fide" marriage in the eyes or mind of the Consulate Adjudicator! His/her concern is that you can prove you had a significant amount of time to get to know each other, and demonstrate that you built a serious relationship BEFORE you signed the visa petition. This information is NOT published in instructions or on any government web sites!

Am I trying to scare you into using our service? YES!  Are the above actual facts? YES! My real motive is to WAKE YOU UP! This visa petitioning process is not as much about following instructions and filling out forms. It's about making the case adjudicators happy AND trapping THEM into NEEDING a legitimate reason to deny the visa! Most lawyers will tell you it's about law. Bull slop! It's about satisfying the adjudicators who don't give a hoot about law or you. It's more about getting through their day with the least amount of misery, stress or work.

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