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Should I ask to reschedule my interview date?

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Filed: IR-1/CR-1 Visa Country: Peru
Timeline

Hey VJers..

So today I received an email for both my wife and stepson confirming their interviews are on May 12th in Lima.

However, we still have not obtained the permission my stepson needs to travel out of the country. His dad has refused to sign, so we are currently going through the court system in order to obtain the needed permission. As it stands, we are awaiting for the legal opinion from the "fiscalia" so that the judge can make a decision. This is now also being delayed because they're all on strike.

I understand that without the permission for my stepson, he will be denied the visa. My question is, will they give us more time to obtain the permission by putting his case under AP? Also, will my wife's visa be denied because of the situation with my stepson? I'd like for her to be able to at least come visit while we are going through this legal battle for the permission.

I have a feeling this may vary depending on the embassy, but any insight anyone has on this would be greatly appreciated!

06-09-2012 - Met in Lima, Peru
06-27-2012 - Officially a couple
02-14-2013 - Engaged!

05-02-2013 - Married in Callao, Peru!

07-03-2013 - I-130 petitions sent for wife and stepson

07-10-2013 - NOA1 (both petitions)

12-10-2013 - Notice of transfer to California Service Center from NBC (both petitions)

12-23-2013 - NOA2 (both petitions)

01-06-2014 - NVC Received

01-29-2014 - NVC case numbers assigned

02-06-2014 - DS-261 available and submitted (both petitions)

02-07-2014 - AOS bill invoiced and paid

02-08-2014 - AOS packages mailed (received on 02-18-14 per NVC)

02-11-2014 - AOS shows PAID

02-12-2014 - Resubmitted I-864 (noticed own error after sending AOS package) (received on 03-05-14 per NVC)

02-18-2014 - Stepson IV bill invoiced and paid

02-20-2014 - Stepson IV bill shows PAID, DS-260 available and submitted

02-21-2014 - Wife IV bill invoiced and paid

02-21-2014 - IV packages mailed (received on 02-26-14 per NVC)

02-25-2014 - Wife IV bill shows PAID, DS-260 available

02-26-2014 - Wife DS-260 submitted

03-06-2014 - AOS checklist requesting correct income information (sent on 02-12-14, waiting for review)
03-10-2014 - IV "false" checklist

03-14-2014 - CASE COMPLETE (Wife and stepson)

04-02-2014 - Email with Interview Letters. May 12th for both wife and stepson

04-21-2014 - Medical Examinations

05-12-2014 - Interview Result: BOTH VISAS APPROVED!

05-17-2014 - Visas in hand

09-07-2014 - Dallas POE (wife)

10-15-2014 - Miami POE (step-son)

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Filed: Citizen (apr) Country: Nigeria
Timeline

Hey VJers..

So today I received an email for both my wife and stepson confirming their interviews are on May 12th in Lima.

However, we still have not obtained the permission my stepson needs to travel out of the country. His dad has refused to sign, so we are currently going through the court system in order to obtain the needed permission. As it stands, we are awaiting for the legal opinion from the "fiscalia" so that the judge can make a decision. This is now also being delayed because they're all on strike.

I understand that without the permission for my stepson, he will be denied the visa. My question is, will they give us more time to obtain the permission by putting his case under AP? Also, will my wife's visa be denied because of the situation with my stepson? I'd like for her to be able to at least come visit while we are going through this legal battle for the permission.

I have a feeling this may vary depending on the embassy, but any insight anyone has on this would be greatly appreciated!

Personally I would still go to interview. And they will just give you the 221G telling you to bring back documents in an allotted time. Be sure to tell them what is up so they hopefully give you a space in time. Do you think it may be soon. Like a couple of months or weeks?

It just is better to get all the interview business out the way pending the court documents.

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to change the date, try to contact the NVC asap to ask them to change the date. Sometimes requesting this through an embassy is difficult, but often is doable. Of course you could just go through with the date as done right now too.

Your stepson wouldn't have his visa denied, he'd get at 221g and your wife would still likely get whatever result she would have (221g or approval). She of course could activate her visa and get her green card going while you're doing this process but remember she needs to spend more time in the USA than out. But yes if she obtained the visa she could POE into the USA and leave immediately if she chose.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: Peru
Timeline

Personally I would still go to interview. And they will just give you the 221G telling you to bring back documents in an allotted time. Be sure to tell them what is up so they hopefully give you a space in time. Do you think it may be soon. Like a couple of months or weeks?

It just is better to get all the interview business out the way pending the court documents.

It's a long story but there are many different variables. There hasn't been a date declared for the end of the strike, but we have been advised by contacts who work in the courts that it should last two weeks. From there, it depends on the decision from the judge, who for some reason is totally in favor of the biological father even though the law clearly defends our stance. It's a mess, but I have faith that in the end we will have the permission.

to change the date, try to contact the NVC asap to ask them to change the date. Sometimes requesting this through an embassy is difficult, but often is doable. Of course you could just go through with the date as done right now too.

Your stepson wouldn't have his visa denied, he'd get at 221g and your wife would still likely get whatever result she would have (221g or approval). She of course could activate her visa and get her green card going while you're doing this process but remember she needs to spend more time in the USA than out. But yes if she obtained the visa she could POE into the USA and leave immediately if she chose.

Thanks for this info. I remember you mentioned this once in another thread. When you say she would need to spend more time in the US, do you mean in the two years of her conditional residency?

06-09-2012 - Met in Lima, Peru
06-27-2012 - Officially a couple
02-14-2013 - Engaged!

05-02-2013 - Married in Callao, Peru!

07-03-2013 - I-130 petitions sent for wife and stepson

07-10-2013 - NOA1 (both petitions)

12-10-2013 - Notice of transfer to California Service Center from NBC (both petitions)

12-23-2013 - NOA2 (both petitions)

01-06-2014 - NVC Received

01-29-2014 - NVC case numbers assigned

02-06-2014 - DS-261 available and submitted (both petitions)

02-07-2014 - AOS bill invoiced and paid

02-08-2014 - AOS packages mailed (received on 02-18-14 per NVC)

02-11-2014 - AOS shows PAID

02-12-2014 - Resubmitted I-864 (noticed own error after sending AOS package) (received on 03-05-14 per NVC)

02-18-2014 - Stepson IV bill invoiced and paid

02-20-2014 - Stepson IV bill shows PAID, DS-260 available and submitted

02-21-2014 - Wife IV bill invoiced and paid

02-21-2014 - IV packages mailed (received on 02-26-14 per NVC)

02-25-2014 - Wife IV bill shows PAID, DS-260 available

02-26-2014 - Wife DS-260 submitted

03-06-2014 - AOS checklist requesting correct income information (sent on 02-12-14, waiting for review)
03-10-2014 - IV "false" checklist

03-14-2014 - CASE COMPLETE (Wife and stepson)

04-02-2014 - Email with Interview Letters. May 12th for both wife and stepson

04-21-2014 - Medical Examinations

05-12-2014 - Interview Result: BOTH VISAS APPROVED!

05-17-2014 - Visas in hand

09-07-2014 - Dallas POE (wife)

10-15-2014 - Miami POE (step-son)

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Filed: Citizen (pnd) Country: Peru
Timeline

If you decide to change the date do it through the embassy rather than NVC, the embassy in Peru is fairly flexible, I have a friend who did it because she wanted to be able to attend the interview with her fiance but couldn't get time off work on such short notice, she emailed them and they pushed the date out a month for her with no problems. Email them here: limaiv@state.gov

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Filed: IR-1/CR-1 Visa Country: Peru
Timeline

If you decide to change the date do it through the embassy rather than NVC, the embassy in Peru is fairly flexible, I have a friend who did it because she wanted to be able to attend the interview with her fiance but couldn't get time off work on such short notice, she emailed them and they pushed the date out a month for her with no problems. Email them here: limaiv@state.gov

Thank you! Glad to know that if I choose to, I will be able to request a reschedule.

06-09-2012 - Met in Lima, Peru
06-27-2012 - Officially a couple
02-14-2013 - Engaged!

05-02-2013 - Married in Callao, Peru!

07-03-2013 - I-130 petitions sent for wife and stepson

07-10-2013 - NOA1 (both petitions)

12-10-2013 - Notice of transfer to California Service Center from NBC (both petitions)

12-23-2013 - NOA2 (both petitions)

01-06-2014 - NVC Received

01-29-2014 - NVC case numbers assigned

02-06-2014 - DS-261 available and submitted (both petitions)

02-07-2014 - AOS bill invoiced and paid

02-08-2014 - AOS packages mailed (received on 02-18-14 per NVC)

02-11-2014 - AOS shows PAID

02-12-2014 - Resubmitted I-864 (noticed own error after sending AOS package) (received on 03-05-14 per NVC)

02-18-2014 - Stepson IV bill invoiced and paid

02-20-2014 - Stepson IV bill shows PAID, DS-260 available and submitted

02-21-2014 - Wife IV bill invoiced and paid

02-21-2014 - IV packages mailed (received on 02-26-14 per NVC)

02-25-2014 - Wife IV bill shows PAID, DS-260 available

02-26-2014 - Wife DS-260 submitted

03-06-2014 - AOS checklist requesting correct income information (sent on 02-12-14, waiting for review)
03-10-2014 - IV "false" checklist

03-14-2014 - CASE COMPLETE (Wife and stepson)

04-02-2014 - Email with Interview Letters. May 12th for both wife and stepson

04-21-2014 - Medical Examinations

05-12-2014 - Interview Result: BOTH VISAS APPROVED!

05-17-2014 - Visas in hand

09-07-2014 - Dallas POE (wife)

10-15-2014 - Miami POE (step-son)

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Thanks for this info. I remember you mentioned this once in another thread. When you say she would need to spend more time in the US, do you mean in the two years of her conditional residency?

Period. Until she has citizenship she should be spending more time in the USA than out of it. If she plans on staying out of the USA for more than 1 year she can obtain a reentry permit but that is not a guarantee of reentry. As we all know, the CBP can be fickle.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: IR-1/CR-1 Visa Country: Peru
Timeline

Period. Until she has citizenship she should be spending more time in the USA than out of it. If she plans on staying out of the USA for more than 1 year she can obtain a reentry permit but that is not a guarantee of reentry. As we all know, the CBP can be fickle.

Thanks again. :thumbs:

06-09-2012 - Met in Lima, Peru
06-27-2012 - Officially a couple
02-14-2013 - Engaged!

05-02-2013 - Married in Callao, Peru!

07-03-2013 - I-130 petitions sent for wife and stepson

07-10-2013 - NOA1 (both petitions)

12-10-2013 - Notice of transfer to California Service Center from NBC (both petitions)

12-23-2013 - NOA2 (both petitions)

01-06-2014 - NVC Received

01-29-2014 - NVC case numbers assigned

02-06-2014 - DS-261 available and submitted (both petitions)

02-07-2014 - AOS bill invoiced and paid

02-08-2014 - AOS packages mailed (received on 02-18-14 per NVC)

02-11-2014 - AOS shows PAID

02-12-2014 - Resubmitted I-864 (noticed own error after sending AOS package) (received on 03-05-14 per NVC)

02-18-2014 - Stepson IV bill invoiced and paid

02-20-2014 - Stepson IV bill shows PAID, DS-260 available and submitted

02-21-2014 - Wife IV bill invoiced and paid

02-21-2014 - IV packages mailed (received on 02-26-14 per NVC)

02-25-2014 - Wife IV bill shows PAID, DS-260 available

02-26-2014 - Wife DS-260 submitted

03-06-2014 - AOS checklist requesting correct income information (sent on 02-12-14, waiting for review)
03-10-2014 - IV "false" checklist

03-14-2014 - CASE COMPLETE (Wife and stepson)

04-02-2014 - Email with Interview Letters. May 12th for both wife and stepson

04-21-2014 - Medical Examinations

05-12-2014 - Interview Result: BOTH VISAS APPROVED!

05-17-2014 - Visas in hand

09-07-2014 - Dallas POE (wife)

10-15-2014 - Miami POE (step-son)

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