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Posted

I have received RFE from NVC after sending back DS-230 pack. I live in the UK but spent 8 months in Australia around 10 years ago (dates on DS-230 clearly state 8 months). They are asking me for an Australian police certificate, despite the embassy info clearly stating you only need one for countries you have lived in for more than 12 months. My OH called NVC and spoke to two operators, both said you need a police certificate for anywhere you lived for over 6 months. Which is correct, does anyone else have similar experiences and if the website and we are right, how do we get the NVC to believe us and stop asking for the Australian police certificate?

Thanks for any help and advice.

NB: this is where we read the rules: http://travel.state.gov/visa/immigrants/info/info_3195.html#police

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Unfortunately they can ask you for whatever they want. Even if its not " on the list "

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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Posted (edited)

The rules are made to be broken. Thought there is no rules when it come to immigration.

As other poster said they can ask for whatever they want. It is you that asking benefits, and they need to cover all the angles before giving you the benefits.

Besides NVC, embassy will ask you the same. So you better get it.

Edited by Oksana & Max
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"Trust in the LORD with all your heart and lean not on your own understanding; in all your ways acknowledge him, and he will direct your paths." (Proverbs 3, 5-6)

Posted

Actually the rule is over 6 month. So the operator told you correctly. Since you lived there for 8 months, you have to provide police certificate.

Besides NVC, embassy will ask you the same. So you better get it.

But the website clearly states the info below, so did the rules change?

An applicant must obtain a police certificate from the local police authority:

IF you…

lived in a different country for more than 12 months

AND...

you were 16 years or older at that time

Filed: Citizen (apr) Country: India
Timeline
Posted

I have received RFE from NVC after sending back DS-230 pack. I live in the UK but spent 8 months in Australia around 10 years ago (dates on DS-230 clearly state 8 months). They are asking me for an Australian police certificate, despite the embassy info clearly stating you only need one for countries you have lived in for more than 12 months. My OH called NVC and spoke to two operators, both said you need a police certificate for anywhere you lived for over 6 months. Which is correct, does anyone else have similar experiences and if the website and we are right, how do we get the NVC to believe us and stop asking for the Australian police certificate?

Thanks for any help and advice.

NB: this is where we read the rules: http://travel.state....195.html#police

The rule is after one turns 16 years and if stay is more than or equal to 6 months within the country and more than or eqaual12 months abroad. But for some countries the local PCC is not required but a PCC from the Passport Office is required.

So the individual Consulate/ Embassy requirements modify the basic general rule. Give them what they want else you will be stuck.

USA

01/08/13 - Approved and GC is order for production on 1/8/14

09/12/13 - Case transferred to CSC. NOA2 received on 09/18/13

08/30/13 - Biometrics Done - No walk ins allowed at this LSC (received on 8/16/13).

08/05/13 - NOA1 (received on 08/10/13)

08/01/13 - Mailed I-751 (received on 8/2/13 - check cashed on 8/5/13)

12/28/11 - Received SSN (applied on 12/20/11, as we didn't get based on DS-230 options)
11/28/11 - Received Green Card (Expires on 10/30/13) - Welcome Letter on 11/17/11
10/30/11 - POE - Houston, TX

Chennai Consulate (40 days)
10/28/11 - Received Visa papers and Passport at VFS
10/25/11 - Interview Cleared Successfully (Spouse was not allowed in)

NVC: (90 days from NOA2 to Consulate)
08/31/11 - Case Completed (Interview 10/25/11) - Received at Chennai on 09/19/11
07/22/11 - NVC Case Number

USCIS: (92 days)

6/21/11 - NOA2 (NOA1 on 3/25/11) - took a month to get to NVC
3/21/11 - I-130 sent to USCIS Lockbox, Chicago.

Filed: IR-1/CR-1 Visa Country: Ireland
Timeline
Posted

don't worry the exact same thing happened me, I had also spent 8 months in Australia too. I sent them a letter stating that I didn't need a police cert from australia stating the guidelines that they mentioned on the website, I sent that letter with the barcode sheet they sent me and the usual info you have to send to get your case seen. they removed the Australia police cert from the things needed list

 
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