Issues in UAE with k-1 visa

[Shrewdpanda 0]

On March 15th I was told by NVC that my packet for the k-1 visa had been sent to Abu Dhabi. Still haven't heard anything yet from the consulate there, and I wasn't able to update my fiancee's address. So if anything was sent to her, we don't have it. I've emailed the consulate, but haven't heard back yet after a week. Any advice for what to do? Calling doesn't help, because they say everything has to be through email.

 

Also, my fiancee's place of work is good out of business. So she may lose her residency, they didn't pay any employees last month. And are holding the employees "hostage" to work for free or lose their residency. So if this happens and she doesn't find new work, will she have any trouble at the consulate of she comes in with a tourism visa? 

[Cyberfx1024 7,980]

45 minutes ago, Shrewdpanda said:

On March 15th I was told by NVC that my packet for the k-1 visa had been sent to Abu Dhabi. Still haven't heard anything yet from the consulate there, and I wasn't able to update my fiancee's address. So if anything was sent to her, we don't have it. I've emailed the consulate, but haven't heard back yet after a week. Any advice for what to do? Calling doesn't help, because they say everything has to be through email.

 

Also, my fiancee's place of work is good out of business. So she may lose her residency, they didn't pay any employees last month. And are holding the employees "hostage" to work for free or lose their residency. So if this happens and she doesn't find new work, will she have any trouble at the consulate of she comes in with a tourism visa? 

What country is your fiancé from?

[doggieandsam 765]

you need to wait. march 15 is not that long ago yet. Abu Dhabi takes a month to several months (in my time, 4 months) to send packet 3. the embassy will send you this packet 3, through email. nothing is mailed or sent to your fiancee except for the confirmation pages of the ds-160 and the appointment booking once she gets to that next step.

 

usually, one needs to be a resident in order to interview in a country where the interview is conducted. but in Abu Dhabi, they can interview applicants on tourist visas such as the cases for Iranian applicants. So in your fiancee's case, it may be possible but don't quote me on this.

 

Do you know when her residence visa might be cancelled? Once it is cancelled, she would still have up to a month to exit the country so that will buy you some time.

[geowrian 22,337]

I wouldn't really call it holding them "hostage". If they are going out of business and an employee's residency status is tied to that employer, then they don't really have an option except to either permit them to work knowing they aren't getting paid, or to let them go. It would be very different if the company could pay the employee and was choosing not to do so due to the leverage of controlling their legal residency status.

I'm not doubting that they aren't holding it over the employees' heads (this kind of abuse is pretty common), but if they really don't have the means to pay the employees then there aren't really any other options than to let them work for free.

If they are holding their passport as well (another common technique not permitted), then that's an issue to address with the employer first then her home consulate.

 

Unfortunately, the general rule is that you must have legal residency in order to interview for a visa with the immigrant visa unit (which handles K-1 visas). Holding a tourist status is not sufficient. She may also be able to request an expedite with the embassy...it's a possibility at least.

It's possible they won't notice based on the timing, but I'd suggest transferring the case to wherever she then lives if she does end up losing her residency before interviewing.

 

10 minutes ago, doggieandsam said:

usually, one needs to be a resident in order to interview in a country where the interview is conducted. but in Abu Dhabi, they can interview applicants on tourist visas such as the cases for Iranian applicants. So in your fiancee's case, it may be possible but don't quote me on this.

The reason that works for Iranians is because there is no open US embassy/consulate in Iran. Abu Dhabi is responsible for that area as a result (well, 1 of 3 that can handle their cases).

Edited April 20, 2018 by geowrian

[Shrewdpanda 0]

My fiancee is from Egypt. 

 

I wouldn't be surprised if after this month her residency is canceled. But she's been look for a new job.

 

What is the procedure for having her case transferred to her home country? And how long would that likely take?

 

Also, her home address is different than when I first filed. I emailed the consulate to update, but my fiancee tells me in dubai they won't deliver mail to a home unless someone is there. So would I need to tell then to send it to the post office?

 

Thank you everyone who has responded so far.

Edited April 20, 2018 by Shrewdpanda

[doggieandsam 765]

29 minutes ago, geowrian said:

The reason that works for Iranians is because there is no open US embassy/consulate in Iran. Abu Dhabi is responsible for that area as a result (well, 1 of 3 that can handle their cases).

Yes, I know this as well but thought to just point out to OP that it *might* be possible albeit with a slim chance. Anyway, I agree that the safer option might be to just get the case transferred.

[geowrian 22,337]

20 minutes ago, Shrewdpanda said:

What is the procedure for having her case transferred to her home country? And how long would that likely take?

If you do need to transfer the case afterall...

 

The process is to contact the receiving (Egyptian) consulate and have them request that the case be transferred from the sending consulate (in UAE). You should provide the NVC case number, name and DOBs of the petitioner and beneficiary, and evidence of residency (or citizenship) of the beneficiary to show that they can interview there.

How long it takes vary heavily on the consulates involved. My case about a year ago took 2 weeks from Riyadh to Manila. Another member's case (different consulates) took the better part of 2 months. YMMV.

[doggieandsam 765]

17 minutes ago, Shrewdpanda said:

I wouldn't be surprised if after this month her residency is canceled. But she's been look for a new job.

 

Also, her home address is different than when I first filed. I emailed the consulate to update, but my fiancee tells me in dubai they won't deliver mail to a home unless someone is there. So would I need to tell then to send it to the post office?

I really don't see how looking for a job now will help you out in terms of timing. Even if she gets a job offer tomorrow, she will need to get the visa formalities completed and that could easily take weeks. And then what, start her new job after a month only to quit as soon as she has the k1 visa? companies there sometimes have a "repayment" clause in their contracts too, where they will require an employee who quits too soon to pay them back the visa costs.

 

the consulate will not action the address update at all. if you need to change the home address details for the purposes of the form, your best chance will be when filling out the DS-160. again, your fiancee will not be sent or mailed anything so the address mentioned on the I-129F does not really have any bearing at this stage, apart from of course, letting the embassy know that your fiancee lives somewhere.

 

my advise would be, i would continue working at the job (even unpaid) as long as the company doesn't cancel my visa until i can interview and get my passport back. but this is just me. your other option would be to get the case transferred like geowrian advised above.

[Anloooom and m 5]

On 4/20/2018 at 11:22 AM, doggieandsam said:

you need to wait. march 15 is not that long ago yet. Abu Dhabi takes a month to several months (in my time, 4 months) to send packet 3. the embassy will send you this packet 3, through email. nothing is mailed or sent to your fiancee except for the confirmation pages of the ds-160 and the appointment booking once she gets to that next step.

 

usually, one needs to be a resident in order to interview in a country where the interview is conducted. but in Abu Dhabi, they can interview applicants on tourist visas such as the cases for Iranian applicants. So in your fiancee's case, it may be possible but don't quote me on this.

 

Do you know when her residence visa might be cancelled? Once it is cancelled, she would still have up to a month to exit the country so that will buy you some time.

What it tool then 4 months to send u packet?just curious  I was reading your time line and the consulte recieved it in end of june and ur interview was begaing of August so was those dates miss placed? Just curious 

[doggieandsam 765]

13 hours ago, Anloooom and m said:

What it tool then 4 months to send u packet?just curious  I was reading your time line and the consulte recieved it in end of june and ur interview was begaing of August so was those dates miss placed? Just curious 

no, the dates are correct. i waited a month but didn't get the packet 3 even after that so i decided to risk it and proceeded without it. thankfully it worked out. the other people i was talking to around the same time who were also waiting for their packet 3s but decided to wait ended up getting it after 3 months.

[Anloooom and m 5]

5 minutes ago, doggieandsam said:

no, the dates are correct. i waited a month but didn't get the packet 3 even after that so i decided to risk it and proceeded without it. thankfully it worked out. the other people i was talking to around the same time who were also waiting for their packet 3s but decided to wait ended up getting it after 3 months.

So u booked ur appointment with out packet 3 ? Can we do that n show up at interview with out packet 3 ?

[Anloooom and m 5]

33 minutes ago, doggieandsam said:

no, the dates are correct. i waited a month but didn't get the packet 3 even after that so i decided to risk it and proceeded without it. thankfully it worked out. the other people i was talking to around the same time who were also waiting for their packet 3s but decided to wait ended up getting it after 3 months.

Do you think i could do that would they every ask for the copy of the packet 3 they send ?

[doggieandsam 765]

4 hours ago, Anloooom and m said:

So u booked ur appointment with out packet 3 ? 

yes i did.

 

3 hours ago, Anloooom and m said:

Do you think i could do that would they every ask for the copy of the packet 3 they send ?

it is still best to wait for the packet 3, because after that time i did mine, i knew a couple of k1 filers who did the same and they were turned away on the day of their scheduled interview. they were told that while their cases statuses said "ready" on the tracker, their files were not yet received by the embassy and were told to wait until the embassy has contacted them before scheduling their interview again. if you really want to, of course you can bypass the packet 3, but again it is a risk and be prepared to be turned away if ever.