NVC sent petition to wrong country? Help!

[ColoradoSteve 29]

Everyone,

 

My petition was approved on March 28th. I have been waiting for a confirmation from the NVC. I just received an email, but it wasn't exactly what I was expecting.

 

It said that my approved petition was sent to the embassy in Costa Rica. I think this is a problem, as my fiancee is of Nicaraguan nationality. She holds a Nicaraguan passport, and has no residency status or citizenship in Costa Rica. However, she is currently living in Costa Rica and has been for some time. All of this was clearly spelled out in the I-129F document. I was told by various people on this forum that she would need to return to Nicaragua for the interview.

 

So why did the NVC send the petition to Costa Rica? Is it possible that she will be able to have the interview and obtain the visa from Costa Rica? Or did the NVC mess up and send the petition to the wrong country?

 

What do I need to do to proceed and get this potential problem corrected?

 

Much thanks in advance,

 

Regards,

 

Steve

[Naes 12,205]

4 minutes ago, ColoradoSteve said:

Everyone,

 

My petition was approved on March 28th. I have been waiting for a confirmation from the NVC. I just received an email, but it wasn't exactly what I was expecting.

 

It said that my approved petition was sent to the embassy in Costa Rica. I think this is a problem, as my fiancee is of Nicaraguan nationality. She holds a Nicaraguan passport, and has no residency status or citizenship in Costa Rica. However, she is currently living in Costa Rica and has been for some time. All of this was clearly spelled out in the I-129F document. I was told by various people on this forum that she would need to return to Nicaragua for the interview.

 

So why did the NVC send the petition to Costa Rica? Is it possible that she will be able to have the interview and obtain the visa from Costa Rica? Or did the NVC mess up and send the petition to the wrong country?

 

What do I need to do to proceed and get this potential problem corrected?

 

Much thanks in advance,

 

Regards,

 

Steve

NVC didn’t mess it up. 

 

They send petitions to the country mentioned as the physical address.

 

what can be done if the person no longer resides in Costa Rica, and will have the interview in another country. You will contact the embassy in the country that you want the interview to happen and ask them to request the files from the embassy forms went (in this case Nicaragua will request them from Costa Rica) it takes about 2-3 weeks usually.

 

and then after the petition is ready in Nicaragua things can go forward and you can follow their instructions.

 

 

To sum up where you can interview: nationality doesn’t matter where the residency is matters. If your fiancé is in Costa Rica then can interview etc in Costa Rica doesn’t have to move back to her origin.

Edited April 17, 2018 by Naes

[JFH 12,190]

If she legally resides in Costa Rica then she will interview there. Why would she go anywhere else? Surely Costa Rica is the most convenient since she is living there.  

[ColoradoSteve 29]

She does not have a Costa Rican passport. She has a Nicaraguan passport. She came to Costa Rica 9 years ago, and overstayed he 90 day visa stamp, by about 8-1/2 years. We were assuming (and told) by others on this forum that she would be required to return to Nicaragua for the interview. But things would certainly be simpler if it could be done in Costa Rica. But I need to know for sure, before we schedule an interview.

 

Regards,

 

Steve

[Naes 12,205]

3 minutes ago, ColoradoSteve said:

She does not have a Costa Rican passport. She has a Nicaraguan passport. She came to Costa Rica 9 years ago, and overstayed he 90 day visa stamp, by about 8-1/2 years. We were assuming (and told) by others on this forum that she would be required to return to Nicaragua for the interview. But things would certainly be simpler if it could be done in Costa Rica. But I need to know for sure, before we schedule an interview.

 

Regards,

 

Steve

Yes and it is not needed for the interview. She doesn’t need to have Costa Rican passport to be able to apply the visa in Costa Rica. But she needs legal residency 

 

im Turkish I’m applying in japan it is a pretty regular thing. She can do it in Costa Rica 100%.

 

But now you said overstayed. Now that can cause a problem as she doesn’t have a status in that country. So you can call the embassy in Nicaragua and ask them to transfer the petition.

Edited April 17, 2018 by Naes

[ColoradoSteve 29]

22 minutes ago, Naes said:

But now you said overstayed. Now that can cause a problem as she doesn’t have a status in that country. So you can call the embassy in Nicaragua and ask them to transfer the petition.

I am not sure what the correct action is. I have read various posts that said the US government only cares about visa violations in the US. For example, entering the US illegally or overstaying a US visa will pretty much guarantee rejection for a K1 visa. But they don't care about foreign visas.

 

Regardless, the overstayed Costa Rican visa will exist no matter which country she interviews in. Her original Nicaraguan passport was stolen, and replaced with a new one (at the Nicaraguan embassy in Costa Rica. So she does not have the original entry stamp. But this probably doesn't matter.

 

How can I find out what the proper course of action should be, and whether or not the overstayed Costa Rican visa will pose a problem? Incidentally, about 15-20% of the population of Costa Rica are Nicaraguans in exactly the same situation.

 

Regards,

 

Steve

[Naes 12,205]

7 minutes ago, ColoradoSteve said:

I am not sure what the correct action is. I have read various posts that said the US government only cares about visa violations in the US. For example, entering the US illegally or overstaying a US visa will pretty much guarantee rejection for a K1 visa. But they don't care about foreign visas.

 

Regardless, the overstayed Costa Rican visa will exist no matter which country she interviews in. Her original Nicaraguan passport was stolen, and replaced with a new one (at the Nicaraguan embassy in Costa Rica. So she does not have the original entry stamp. But this probably doesn't matter.

 

How can I find out what the proper course of action should be, and whether or not the overstayed Costa Rican visa will pose a problem? Incidentally, about 15-20% of the population of Costa Rica are Nicaraguans in exactly the same situation.

 

Regards,

 

Steve

Well you can always ask a lawyer.

 

yes I don’t think the overstay in Costa Rica will affect the status of the USA visa application as long as they are not asking for a legal proof of residency. In my case they ask so I have to be legal in where I live.

[geowrian 22,337]

The overstay in CR won't be held against her for her US visa application (i.e. no ban or extra scrutiny). At the same time, she doesn't qualify to interview in CR unless she has legal residency.

 

I agree that she should work on having the case transferred to her home country, since she can actually interview there. She will need a police certificate from CR as well, so be sure to get one before she leaves.

[ColoradoSteve 29]

Thanks everyone. My fiancee just told me that she had spoken to an immigration lawyer 2 years ago, and was told that she would need to return to Nicaragua for the interview, because she is not a legal resident. It was our plan from the start for her to return to Nicaragua after the petition was approved.

 

So I will need to contact the embassy in Nicaragua to request the transfer. How do I go about doing this? Can I call a phone number, or will it be necessary to send an email or letter?

 

This makes me nervous, as it is another opportunity for the paperwork to get lost. I have been waiting 7 months already to reach this point...

 

Regards,

 

Steve

[Naes 12,205]

3 minutes ago, ColoradoSteve said:

Thanks everyone. My fiancee just told me that she had spoken to an immigration lawyer 2 years ago, and was told that she would need to return to Nicaragua for the interview, because she is not a legal resident. It was our plan from the start for her to return to Nicaragua after the petition was approved.

 

So I will need to contact the embassy in Nicaragua to request the transfer. How do I go about doing this? Can I call a phone number, or will it be necessary to send an email or letter?

 

This makes me nervous, as it is another opportunity for the paperwork to get lost. I have been waiting 7 months already to reach this point...

 

Regards,

 

Steve

The contact Depends on the embassy. You should check their website. Most likely email though.

 

Good luck! Hope it resolves fast and smooth for you.

[kris&me 572]

Don't frget the crimianl investigation report she needs from Costa Rica for the interview

[YecaCruz 379]

14 hours ago, ColoradoSteve said:

Thanks everyone. My fiancee just told me that she had spoken to an immigration lawyer 2 years ago, and was told that she would need to return to Nicaragua for the interview, because she is not a legal resident. It was our plan from the start for her to return to Nicaragua after the petition was approved.

 

So I will need to contact the embassy in Nicaragua to request the transfer. How do I go about doing this? Can I call a phone number, or will it be necessary to send an email or letter?

 

This makes me nervous, as it is another opportunity for the paperwork to get lost. I have been waiting 7 months already to reach this point...

 

Regards,

 

Steve

email them, you'll need to send them the following info:

applicant's name, passport number, visa category, case number (from NVC), last instructions provided to applicant, a scanned copy of any docs that have been received, last action taken, a scanned copy of applicant's passport

 

This was all the info they asked me when I inquired the Nica embassy for the Packet 4 instructions

[Michael2017 368]

just listen to Geowrian... he is the no. 1 user in terms of quality answers on this form...

[Orangesapples 1,954]

59 minutes ago, YecaCruz said:

email them, you'll need to send them the following info:

applicant's name, passport number, visa category, case number (from NVC), last instructions provided to applicant, a scanned copy of any docs that have been received, last action taken, a scanned copy of applicant's passport

 

This was all the info they asked me when I inquired the Nica embassy for the Packet 4 instructions

Yes, this. Keep in mind that the transfer might take up to two months. 

[NovaDC 270]

16 hours ago, Naes said:

Well you can always ask a lawyer.

 

yes I don’t think the overstay in Costa Rica will affect the status of the USA visa application as long as they are not asking for a legal proof of residency. In my case they ask so I have to be legal in where I live.

But i think that she'll be asked for a police clearance from Costa Rica even if her interview will be moved in Nicaragua