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Filed: K-1 Visa Country: Brazil
Timeline
Posted (edited)

Hello,

Today I spoke with a lawyer and I learned something which disturbed me quite a bit. I don't want to believe it as necessarily true because this lawyer seemed to be just really busy and recommended that I do a lot of things that are not consistent with the information I've seen on this website. For example, the lawyer wants me to submit my fiancé's birth certificate and an affidavit of support with my I-129F as opposed to submitting those documents at the visa interview. Anyway... on to the disturbing stuff.

I was told that although my fiancé is a Brazilian national who is in Ireland on a student visa, she will have to conduct her interview at the embassy or consulate in Brazil. Is that true? I'm doubting this but I can't say because this wasn't something that either of us had ever considered. It's also not something that we were told the last time I explained it on this forum.

Also, if it's not true then can you point me in the direction of an official source so that I may correct this lawyer. It just so happens that this lawyer is the sole immigration representative for the entire military installation that I'm at. I feel it would be really "bad" if the lawyer wasn't corrected.

Regards, and hoping that the lawyer was wrong!

Edit: also just to clarify it is a K-1 visa.

Edited by ZachyJoicey
Filed: IR-1/CR-1 Visa Country: Brazil
Timeline
Posted

Yes, she has to conduct her interview in Brazil. She cannot do it in Ireland.. only in the country where she is a citizen.

NOA1 received: July 30, 2013

Transferred: Jan 22, 2014 (time from NOA1 to Transfer: 5 months 3 weeks 2 days)

Touched: Jan 24, 2014 at 6:35 PM

Alien reg. # changed: Jan 27, 2014 at 10:50 PM

Filed for expedite: Feb 5, 2014

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Filed: K-1 Visa Country: Singapore
Timeline
Posted

While I (the beneficiary) didn't have to provide copies of my birth certificate at the I-129F stage, I did refer to it when filling out my G-325A for the city I was born in, my parents full names, date of birth, etc - could this be the reason why the lawyer asked for it at this early stage?

Your fiance can interview anywhere she is a legal resident - if she is on a student visa in Ireland then she is authorised to be there and can most likely interview there. There is a section in the I-129F form where you can list the consulate you want to apply at, however getting the NVC to actually look at it is a different matter. I think the NVC has a tendency to forward cases to the consulate in the same city as the beneficiary's "current address".

Flying to Seattle on 6 May 2014!

Posted

Hi there!

I am a French citizen but currently working in Ireland full time, so I'm a permanent resident here in Ireland.

When my fiancé filled out the I-129F, he put as the mailing address my parents's address back in France (with my dad's name as "in care of") as well as the embassy in France for the visa application, but my Irish address as "your fiancé's address abroad".

Will that be a problem at any stage? I didn't want to apply in Ireland because I have to go back to France anyway for the birth and police certificates.

K1 in 2013, AOS in 2014, ROC in 2017

ROC Timelime:

2017-05-12: ROC packet sent to Vermont Service Center

2017-05-16: Case status updated to Received

2017-05-26:  Received NOA letter and status extended for 1 year

2017-06-16: Received Biometrics appointment letter and case number

2017-06-26: Biometrics appointment at ASC in Atlanta

Filed: K-1 Visa Country: Brazil
Timeline
Posted (edited)

Ahhh! I found the block on the I-129F

It says, "NOTE: Designation of a U.S. Embassy or consulate outside the country of your fiancé(e)'s last residence does not guarantee acceptance for processing by that foreign post. Acceptance is at the discretion of the designated embassy or consulate."

In our case that is the Dublin, Ireland embassy. I think that it should be okay because she does have a legal residency in Ireland and she already received a B-2 Tourism visa from this office before. There isn't really any much of a way for me to err on the side of caution besides calling the NVC and working with the lawyer to ensure we can conduct the interview there.

BUT! as it turns out the lawyer was wrong! sort of...

at that... I think I'll just call the embassy to see if I can get some solid facts from them

Edited by ZachyJoicey
 
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