NVC Assigned Wrong Consulate?

[mckwong 1]

I am a US citizen applying IR-1 for my wife, who physically lives in Hong Kong with my baby. Hong Kong is my home town, and I lived there with my wife and baby until I decided to move back to the US in 2014. My wife is a China citizen, and she does not have permanent Hong Kong residency. She does live there legally on a family visiting visa (a form of visitor visa) from China since I am also a HK citizen. Her visa is valid for one year (and renewable) and she needs to leave HK every 90 days, but Hong Kong is right next to China, so she can go shopping in Shenzhen and come back to Hong Kong to get another 90 day stay in HK. She has been living in Hong Kong for 3 years and gave birth to my baby in Hong Kong.

When my I-130 was approved, NVC assigned a HNK case number for the Hong Kong US Consulate, probably because I had my wife's address in Hong Kong. I was concerned, so I called NVC, and the customer service told me as long as my wife stays in Hong Kong legally, even if she is a visitor, she can get her case processed at the Hong Kong US Consulate. With that information, I proceeded and paid the AOS and IV fee, submitted all financial and civil documents, and filled out the IV application. I am now waiting for NVC to review my documents and transfer my case to the Hong Kong US Consulate for the interview.

However, my wife became concerned when she saw this case online: A China citizen had her case assigned to Hong Kong US Consulate, proceeded all the way to have the physical exam and vaccination done, only was told on her interview day that Hong Kong US Consulate could not process her case because she was not a HK resident. Her case is slightly different than mine as she and her spouse have no ties to Hong Kong. I try to confirm my case can be processed by the Hong Kong US Consulate by emailing them, and here is the reply I got:

"Thank you for your inquiry. Your file is still maintained by the National Visa Center (NVC) in the United States for administrative processing before forwarding it to Hong Kong. You may wish to contact the NVC directly about your case. Tel: (603) 334-0700. E-mail: nvcinquiry@state.gov. Information about NVC can be found on the Department of State’s website at http://travel.state.gov/content/visas/english/immigrate/nvc.html.

For your information, visa applicants (except K-3 and K-4 visa applicants) should generally apply at the U.S. Embassy or Consulate in their home country or in the area where they live and work with legal permit. "

The answer is a bit vague, but it seems to imply my case should be processed at the China US Consulate as my wife does not have a work permit in Hong Kong. If so, it contradicts what NVC told me. I am a bit confused now. Which information is correct?

Edited August 5, 2015 by mckwong

[mckwong 1]

Update: I called NVC again and apparently the first customer service was wrong. They need to re-assign my case to China U.S. Consulate.

[Darnell 8,478]

well poo - that's gonna suck a bit,

as now you are a paper casefile headed to China, Guangzhou IV.

Expect a 4 to 6 month wait for the casefile to get opened by Guangzhou IV,

as

per treaty with China

all USA Consular documents sit in a bonded China Warehouse for a 2 to 5 month duration.

Sorry.

[mckwong 1]

damn, if that is the case, it really sucks. That is crazily long!

[mckwong 1]

well poo - that's gonna suck a bit,

as now you are a paper casefile headed to China, Guangzhou IV.

Expect a 4 to 6 month wait for the casefile to get opened by Guangzhou IV,

as

per treaty with China

all USA Consular documents sit in a bonded China Warehouse for a 2 to 5 month duration.

Sorry.

Can I switch over to the electronic submission now to avoid having the casefile sitting at China warehouse for 5 months? I already submitted all financial and civil documents and got the NVC 30 days to review letter, but apparently NVC has not reviewed my documents yet.

[Darnell 8,478]

you could certainly try it ! you wouldn't be the first to switch over after complete submittal, so that's a plus.

talk with a NVC supervisor on the telephone today, tell supervisor you want to switch over to EP.

it'll mean you send scans of everything you sent off so far- i hope you made copies or scans already.

and it'll be another 60 to 90 days on intake. maybe longer, as they will have to rehome the payments to the new casefile number.

Edited August 5, 2015 by Darnell

[mckwong 1]

you could certainly try it ! you wouldn't be the first to switch over after complete submittal, so that's a plus.

talk with a NVC supervisor on the telephone today, tell supervisor you want to switch over to EP.

it'll mean you send scans of everything you sent off so far- i hope you made copies or scans already.

and it'll be another 60 to 90 days on intake. maybe longer, as they will have to rehome the payments to the new casefile number.

I called NVC, the customer service did not have a clue as she told me Guangzhou did not have EP. I then requested to talk to the supervisor, and she was very helpful. She said that NVC will send me a new Guangzhou case number, and then at that time I could choose to submit my documents electronically. Once I started the EP, I cannot back out. My previously submitted paper documents under the HNK Hong Kong case number would be discarded.

I appreciate your help, Darnell. You probably have saved me 4 months wait time for getting an interview. Now I just need to wait for my case to be re-assigned to Guangzhou.

[Darnell 8,478]

we need to go over calendar stuff, asap and immediately.

1. it's going to take 2 to 3 months from GZO # issued date until case complete date.

2. it's going to take 1 month from case complete date to interview date assigned time-tick.

3. it's going to be another 20 to 45 days after 'interview setting date' timetick to actual interview.

for paperfile casees headed to Guangzhou - its:

1. 4 to 6 months from NVC shipping the casefile until Guangzhou IV actually gets the casefile into the IV Unit.

2. another month to log it and contact the beneficiary via postal mail.

3. another 1 to 2 months to get into the scheduling system.

4. another 20 to 45 days to interview itself.

HTH !

[mckwong 1]

Just an update on my case. The fun never stops at NVC. Today I received a letter saying all documentation necessary to complete the case at NVC are received and an interview will be scheduled. That is normally a good news BUT I thought I was waiting for my case to transfer to Guangzhou since Hong Kong will not process it, and now all my documentations were sent to HK? I called NVC, and the CS understood my concern, but could not answer my questions. She said she requested a supervisor to call me back. I will see if I ever get a call back. I probably need to call them again on Tue.

Sometimes I just wonder if I could just play dumb and let my case to go to HK? HK technically didn't say it couldn't be processed there, they just said "For your information, visa applicants (except K-3 and K-4 visa applicants) should generally apply at the U.S. Embassy or Consulate in their home country or in the area where they live and work with legal permit. "

[Darnell 8,478]

ya, it'll be fun if HKG IV gets the casefile. And actually processes it without them deciding to do a case transfer into Guangzhou IV.

So, after a case complete, the casefile is shifted to the next queue, and it'll sit there for a bit.

The good news? You have a different casefile number for Guangzhou IV, right? That'll be the stuff yer cranking on now. Different Casefile #, Different calendar.

[mckwong 1]

ya, it'll be fun if HKG IV gets the casefile. And actually processes it without them deciding to do a case transfer into Guangzhou IV.

So, after a case complete, the casefile is shifted to the next queue, and it'll sit there for a bit.

The good news? You have a different casefile number for Guangzhou IV, right? That'll be the stuff yer cranking on now. Different Casefile #, Different calendar.

No, NVC has not assigned a new case number, so I believe they did not do anything on re-assigning my case to Guangzhou yet. The letter that says my documentation are completed still references the old HNK case number.

[Darnell 8,478]

hmmmm - weird - maybe it'll get to HNK after all?

Any responses via email about EP stuff for Guangzhou ? you submit the big pile, cause a supervisor said they are gonna do a new intake for you ?

It's kinda hard to do EP without a GUZ casefile #, unless a supervisor said to start the email flow (then a supervisor can do stuff usually 60 days out)

[mckwong 1]

Absolutely no responses on the GUZ casefile transfer nor EP for Guangzhou from NVC. The supervisor did not call back as expected. I am tired of trying to get NVC to do what they supposed to do. At this point, I think I would just wait and let my HNK casefile to go to HK and hopefully it won't get rejected there. I will write a letter explaining the situation for my wife to bring to the HK consulate if they question why the case was sent to HK.

Edited August 26, 2015 by mckwong