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dustyrah

Attending interview on a tourist visa (residency visa expired)?

By dustyrah in IR-1 / CR-1 Spouse Visa Process & Procedures

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dustyrah Explorer

dustyrah   13

Posted
Filed: IR-1/CR-1 Visa Country: China
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My wife was a resident in France but her residency expired on Nov 30th 2014. Her Immigrant Visa case got complete on Nov 21st 2014. Now her interview is scheduled in France on January 6th 2015 and she can only attend that interview on a tourist visa in France. I hope they allow her to attend the interview and not hassle her about having French resident visa.

Service Center : Texas Service Center

I-130 Sent : 2013-10-18
I-130 NOA1 : 2013-10-24
I-130 Approved : 2014-06-26
NVC Received : 2014-07-08
Submit DS-261 : 2014-08-04
Received AOS Bill : 2014-08-06
Pay AOS Bill : 2014-08-07
Send AOS Package : 2014-08-13
Receive IV Bill : 2014-09-15
Paid IV Bill: 2014-09-17
Submit DS-260 : 2014-09-17
Send IV Packet : 2014-10-4
AOS Checklist : 2014-10-8
NVC Case Complete : 2014-11-21
Interview: 2015-01-06
POE: 2015-01-22 :dancing:
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NikLR Grand Master

NikLR   13,220

Posted
Filed: Lift. Cond. (apr) Country: Canada
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She should have had her residency extended if possible or changed her interview to a location she was legally residing in. She is not legally residing in France and I'm unsure if she can interview there. They take your passport after the interview for an unknown amount of time (may be 1 day, may be months.)

She should change her interview to her current legal residence. Likely France already HAS her casefile as well and you may have to contact them.

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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dustyrah Explorer

dustyrah   13

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

She should have had her residency extended if possible or changed her interview to a location she was legally residing in. She is not legally residing in France and I'm unsure if she can interview there. They take your passport after the interview for an unknown amount of time (may be 1 day, may be months.)

She should change her interview to her current legal residence. Likely France already HAS her casefile as well and you may have to contact them.

She is back in France now though on a 3 month tourist visa. That should be more than enough time for her to complete her interview and get her passport back. Hopefully the US embassy in France allows her to take the interview and get her visa.

We are not considering changing her case file over to her native country because it takes about 6 months or more to do the same.

Service Center : Texas Service Center

I-130 Sent : 2013-10-18
I-130 NOA1 : 2013-10-24
I-130 Approved : 2014-06-26
NVC Received : 2014-07-08
Submit DS-261 : 2014-08-04
Received AOS Bill : 2014-08-06
Pay AOS Bill : 2014-08-07
Send AOS Package : 2014-08-13
Receive IV Bill : 2014-09-15
Paid IV Bill: 2014-09-17
Submit DS-260 : 2014-09-17
Send IV Packet : 2014-10-4
AOS Checklist : 2014-10-8
NVC Case Complete : 2014-11-21
Interview: 2015-01-06
POE: 2015-01-22 :dancing:
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  • 4 weeks later...
dustyrah Explorer

dustyrah   13

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

My wife had her interview in France today while on a tourist visa and she was approved. They did not care about her residency in France in order to attend the interview or anything of that sort.

It seems the residency is only during the actual I-130 and NVC process. Once the interview is scheduled, it does not matter anymore.

Service Center : Texas Service Center

I-130 Sent : 2013-10-18
I-130 NOA1 : 2013-10-24
I-130 Approved : 2014-06-26
NVC Received : 2014-07-08
Submit DS-261 : 2014-08-04
Received AOS Bill : 2014-08-06
Pay AOS Bill : 2014-08-07
Send AOS Package : 2014-08-13
Receive IV Bill : 2014-09-15
Paid IV Bill: 2014-09-17
Submit DS-260 : 2014-09-17
Send IV Packet : 2014-10-4
AOS Checklist : 2014-10-8
NVC Case Complete : 2014-11-21
Interview: 2015-01-06
POE: 2015-01-22 :dancing:
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