How to deal with a Beneficiary getting new Citizenship while in the K-1 Process.

[itt 0]

All,

My fiancee and I find ourselves in a strange position. At the time of our application, I was (and still am!) a US citizen, while she is a Venezuelan citizen with permanent residence (green card status) in Canada.

We applied for the K-1 Visa (Fiancee I-129F) and received approval - NOA2 was on November 9th. We are awaiting Packet 3 from the US Embassy in Vancouver.

Quite some time ago, my fiancee applied for Canadian citizenship and lo and behold, she got a letter last week telling her that her swearing in as a Canadian citizen will be this week (Thursday Nov 26th). When she goes for her Canadian citizenship, she will have to give her green card to the authorities and will have to apply for an expedited Canadian passport. Once she has received it (before Christmas), she will have two valid passports (Venezuelan and Canadian).

My question is this:

As all the paperwork was filled out with her as a Venezuelan citizen, will there be any problem with showing up with a different country's (Canada) passport, or do we want to just show the Venezuelan passport which will no longer have a valid green card to go with it ? If we submit the Venezuelan passport for the visa, it is likely that we will have problems/questions on leaving Canada/entering the US as she no longer will have a green card.

Has anybody run into this same sort of situation ? Who would be the right person to talk to ? NVC or the US Embassy in Vancouver ?

Any help would be appreciated as I really do not want this to turn into a bad situation at her interview.

Thanks.

[payxibka 10,044]

bring them both and explain the situation... the consulate will take it from there

or

just contact the consulate... NVC does not involve itself with "K" visas

regardless, leaving the country will not be an issue... entering the USA will not be an issue as long as the visa is in hand... canadian perm resident card not required at US POE

Edited November 23, 2009 by payxibka

[Inky 1,110]

Which one will they put the visa in? I would assume they would put it in the one she has listed and used since the start of your process?

[payxibka 10,044]

Which one will they put the visa in? I would assume they would put it in the one she has listed and used since the start of your process?

might be true, but I doubt it really matters... the US truly does not care what passport a visa goes into... just as long as it is in a passport and that passport is the one that will be presented when entering the USA

[itt 0]

Which one will they put the visa in? I would assume they would put it in the one she has listed and used since the start of your process?

might be true, but I doubt it really matters... the US truly does not care what passport a visa goes into... just as long as it is in a passport and that passport is the one that will be presented when entering the USA

Quite honestly, we would prefer the visa be put in the Canada passport as once we are married and have "parole", it is easier to travel with a Canadian passport than it is with a Venezuelan one.

Thanks guys - we will probably contact the consulate once we have got an interview set and ask the question beforehand.

[Inky 1,110]

Which one will they put the visa in? I would assume they would put it in the one she has listed and used since the start of your process?

might be true, but I doubt it really matters... the US truly does not care what passport a visa goes into... just as long as it is in a passport and that passport is the one that will be presented when entering the USA

on the DS-160 online form they ask for the passport number and everything tho? Thats why I kind of wonder how that works if they will only put it in the passport listed and used or if they would put it in one that is not listed in the forms etc. I know at my interview they checked my passport and matched the number to the papers n such. Just currious how this works.

[thongd4me 69]

All,

My fiancee and I find ourselves in a strange position. At the time of our application, I was (and still am!) a US citizen, while she is a Venezuelan citizen with permanent residence (green card status) in Canada.

We applied for the K-1 Visa (Fiancee I-129F) and received approval - NOA2 was on November 9th. We are awaiting Packet 3 from the US Embassy in Vancouver.

Quite some time ago, my fiancee applied for Canadian citizenship and lo and behold, she got a letter last week telling her that her swearing in as a Canadian citizen will be this week (Thursday Nov 26th). When she goes for her Canadian citizenship, she will have to give her green card to the authorities and will have to apply for an expedited Canadian passport. Once she has received it (before Christmas), she will have two valid passports (Venezuelan and Canadian).

My question is this:

As all the paperwork was filled out with her as a Venezuelan citizen, will there be any problem with showing up with a different country's (Canada) passport, or do we want to just show the Venezuelan passport which will no longer have a valid green card to go with it ? If we submit the Venezuelan passport for the visa, it is likely that we will have problems/questions on leaving Canada/entering the US as she no longer will have a green card.

Has anybody run into this same sort of situation ? Who would be the right person to talk to ? NVC or the US Embassy in Vancouver ?

Any help would be appreciated as I really do not want this to turn into a bad situation at her interview.

Thanks.

I don't mean to come down on you for your language but I think the title to this thread throws people WAY OFF.

You mean beneficiary, not benefactor. Benefactor means patron or boss and it would allude more to the

petitioner (you) than the beneficiary (her). You might want to contact the moderators with the report function and

ask them to change the name of the title to "How to deal with Beneficiary getting new Citizenship while in the K-1 Process."

I'm sure they will be happy to do that for you if you ask them. Only they can do it.

Edited November 23, 2009 by thongd4me

[payxibka 10,044]

Which one will they put the visa in? I would assume they would put it in the one she has listed and used since the start of your process?

might be true, but I doubt it really matters... the US truly does not care what passport a visa goes into... just as long as it is in a passport and that passport is the one that will be presented when entering the USA

on the DS-160 online form they ask for the passport number and everything tho? Thats why I kind of wonder how that works if they will only put it in the passport listed and used or if they would put it in one that is not listed in the forms etc. I know at my interview they checked my passport and matched the number to the papers n such. Just currious how this works.

sure... still could be done, but then request the visa be placed in the new passport... this is an unusual situation that a quick question to the consulate can solve...

[itt 0]

I don't mean to come down on you for your language but I think the title to this thread throws people WAY OFF.

You mean beneficiary, not benefactor. Benefactor means patron or boss and it would allude more to the

petitioner (you) than the beneficiary (her). You might want to contact the moderators with the report function and

ask them to change the name of the title to "How to deal with Beneficiary getting new Citizenship while in the K-1 Process."

I'm sure they will be happy to do that for you if you ask them. Only they can do it.

Oops - I wrote the message in a hurry on the way to a meeting and messed up. Thanks for the suggestion - I have done what you said...

[itt 0]

I emailed the US Consulate in Vancouver and they responded within 2 hours !

This was their response

1. We received the file today and mailed her a letter requesting to provide the evidence of her status in Canada as the file does not contain any document showing that she is a permanent resident of Canada. Once we receive the response from her, we will mail her the K Visa instruction packet.

2. Regarding the passport, since she will be a Canadian citizen soon, she must submit Canadian passport for the processing of K visa.

3. She is required to complete DS-156 & DSS-156K for K visa. Please read and follow the instructions carefully for K visa processing once she receives the packet from our office. Please complete the DS-156 form after she receives her passport.

A. Although we submitted evidence of her Canadian Permanent Residence in our original I-129F submission, apparently it did not make it in the file that was sent to Vancouver, hence their request above - I am guessing that this is pretty common for benefactors who are not citizens of their country of residence

B. They told us to hold off submitting Packet 3 (when we receive it) until she has her new Canadian passport as the DS-156 requires a passport and nationality. Although it requires a slightly longer wait, this suits both of us as we had set a date of mid-March for her to move to the US.

Thanks for those of you who responded. I hope that in the future this string is useful for someone who has the same unusual problem.