K1 interview appointment cancelled by the embassy

[Eric&Mirella 367]

Due to the political tension in Venezuela the embassy posted the message shown below and all visa appointments have been cancelled. However, the message explains that will apply to non immigrant visas. My appointment had been scheduled for March 1st. Will the embassy reschedule my interview? Or I'll have to do it myself once there are available slots? We haven't received instructions, except for this information. 

[WaterLeaf 199]

Can you keep the currently scheduled appointment and make a new one in the future like a month later or so in case of the current one you have won't make it due to this?

[Eric&Mirella 367]

50 minutes ago, WaterLeaf said:

Can you keep the currently scheduled appointment and make a new one in the future like a month later or so in case of the current one you have won't make it due to this?

No I can't. Says new appointments aren't available. 

[AnneA 72]

I think it's because the workers at the embassy has been called back to US because of the situation in Venezuela. You should try the option of scheduling an appointment at another embassy or consulate as suggested in the info you attached. There's really no saying as to when the embassy will open again as that would depend on the situation in Venezuela  😊

[Eric&Mirella 367]

2 minutes ago, AnneA said:

I think it's because the workers at the embassy has been called back to US because of the situation in Venezuela. You should try the option of scheduling an appointment at another embassy or consulate as suggested in the info you attached. There's really no saying as to when the embassy will open again as that would depend on the situation in Venezuela  😊

To do so, the case must be transferred to the other consulate. Also, not all embassies would take cases or interview foreigners.  And the information above is for non immigrant visas, at the consulate stage a K1 is still an immigrant visa.  My problem is we don't have yet any instructions and I have my medical next week.  This is so confusing 😓

[AnneA 72]

K1 is a non-immigrant visa according to  https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html   

Since the information suggest other embassies and consulates it's because they would take people from Venezuela otherwise there really would be no point in listing it.

 

For instance Portugese people go to the embassy in France, Norwegianes and Danes go to the embassy in Sweden and probably a lot of others go to embassies outside their own country.

 

So find one on the list and get in touch in with them there ... they'll know what to do

Edited January 26, 2019 by AnneA

[Eric&Mirella 367]

2 hours ago, AnneA said:

K1 is a non-immigrant visa according to  https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html   

Since the information suggest other embassies and consulates it's because they would take people from Venezuela otherwise there really would be no point in listing it.

 

For instance Portugese people go to the embassy in France, Norwegianes and Danes go to the embassy in Sweden and probably a lot of others go to embassies outside their own country.

 

So find one on the list and get in touch in with them there ... they'll know what to do

 A k1 visa is a Non immigrant visa treated as an immigrant visa. When you schedule your appointment is scheduled with the immigration consular section, same when you are tracking your case at the NVC. A k1 will become a non immigrant once you have been approved and the visa is issued. Anything before that is an immigrant visa. But a lot of people don't seem to be aware of that.

 

If a country doesn't have an embassy you may be assigned to others but that's not our case. We're stuck in a grey area, in this moment.  This has happened before and trust me it doesn't work like that.  When you're doing a k1 visa a case is created at the nvc, that case( i-129f package) is sent to your embassy and it can only be transferred at the NVC stage, but there's no information about what to do in these cases.

 

 

[geowrian 22,335]

I'd be doubtful of being able to have multiple appointments at one time.

 

As noted above, a K-1 is technically non-immigrant but it is processed by the immigrant visa unit and otherwise treated like an immigrant visa. It's not one where you can just pick up and move to another embassy/consulate as there is paperwork that must be transferred, other process requirements at other embassies, etc. Generally one must have legal residence where they interview for an immigrant visa, but there are exceptions for cases where that is not possible (i.e. no active embassy/consulate in that country). In those cases, they permit at least 1 nearby embassy/consulate to cover that jurisdiction.

 

Unfortunately, none of this is a quick fix. The situation in Venezuela is new and ongoing...they don't have a posted procedure on what they will do next. They may decide that the situation will not resolve soon and have nearby embassies cover their cases. They may wait a while and see if circumstances change enough to re-open.

 

If you do have the option for legal residency - or even legal status - elsewhere, I would suggest inquiring with the US embassy/consulate there if they would be willing to accept the case.

[AnneA 72]

Just a note ... there are working active embassies in both Norway and Denmark and visas are still referred to Sweden 😉😊

[Eric&Mirella 367]

On 1/26/2019 at 3:00 PM, geowrian said:

I'd be doubtful of being able to have multiple appointments at one time.

 

As noted above, a K-1 is technically non-immigrant but it is processed by the immigrant visa unit and otherwise treated like an immigrant visa. It's not one where you can just pick up and move to another embassy/consulate as there is paperwork that must be transferred, other process requirements at other embassies, etc. Generally one must have legal residence where they interview for an immigrant visa, but there are exceptions for cases where that is not possible (i.e. no active embassy/consulate in that country). In those cases, they permit at least 1 nearby embassy/consulate to cover that jurisdiction.

 

Unfortunately, none of this is a quick fix. The situation in Venezuela is new and ongoing...they don't have a posted procedure on what they will do next. They may decide that the situation will not resolve soon and have nearby embassies cover their cases. They may wait a while and see if circumstances change enough to re-open.

 

If you do have the option for legal residency - or even legal status - elsewhere, I would suggest inquiring with the US embassy/consulate there if they would be willing to accept the case.

Thanks, I have decided to wait and still get my medical done. Apparently the embassy would reduce their presence but will continue working on immigration cases. I have citizenship from an European country but passport is expired and take 4-5 months to renew it at the consulate in Venezuela. Plus I've never lived permanently in that country except when I was a toddler.  I appreciate so much the info. And will try to update with any news I get. 

[ORD_PTY 0]

Ok, I'm  a bit confused. If a K1 visa is a non immigrant visa, but it is treated and processed as an immigrant visa ... and the embassy in Caracas has stopped processing non immigrant visas, will the embassy still have interviews and process K1 visas? My fiancee has an interview scheduled for February 27 at the embassy in Caracas for a K1 visa. Should she plan to go on this date?

 

I emailed the embassy,  but received an automated reply with no useful information. 

[Eric&Mirella 367]

3 hours ago, ORD_PTY said:

Ok, I'm  a bit confused. If a K1 visa is a non immigrant visa, but it is treated and processed as an immigrant visa ... and the embassy in Caracas has stopped processing non immigrant visas, will the embassy still have interviews and process K1 visas? My fiancee has an interview scheduled for February 27 at the embassy in Caracas for a K1 visa. Should she plan to go on this date?

 

I emailed the embassy,  but received an automated reply with no useful information. 

All visas ( immigrant and non immigrant) are not being processed until further notice.  I think we all have to wait.  Also appointments for the medical exams have been cancelled. 

Edited January 29, 2019 by Eric&Mirella

[MandW 310]

FYI ....it’s says apply at any other embassy or consulate”...

be prepared for long administrative processing. The embassy/consulate you will be re-applying will have to do background checks for the country of origin as well as the country you will use to apply. This is what took 8 months for our case, she was from Philippines but lived and worked in taiwan so they had to do checks on both countries and this was the reason for administrative processing. Don’t get your hopes up of applying in another country and expect them to say leave your passport, you will get a 221g for sure and then the long wait begins AND you will have to get a NEW medical exam as well as each embassy/consulate only uses the doctors on THEIR list. We ran into that issue as well... good luck

in other words Venezuela embassy is not longer an option. Have to do your visa through anotther USA embassy/consulate 

Edited January 29, 2019 by MandW

[Eric&Mirella 367]

33 minutes ago, MandW said:

FYI ....it’s says apply at any other embassy or consulate”...

be prepared for long administrative processing. The embassy/consulate you will be re-applying will have to do background checks for the country of origin as well as the country you will use to apply. This is what took 8 months for our case, she was from Philippines but lived and worked in taiwan so they had to do checks on both countries and this was the reason for administrative processing. Don’t get your hopes up of applying in another country and expect them to say leave your passport, you will get a 221g for sure and then the long wait begins AND you will have to get a NEW medical exam as well as each embassy/consulate only uses the doctors on THEIR list. We ran into that issue as well... good luck

in other words Venezuela embassy is not longer an option. Have to do your visa through anotther USA embassy/consulate 

The other countries thing is only for non immigrant visas. Has nothing to do with immigration or k1 visas.  K1 is treated as immigration in Caracas. We were told to contact the immigration unit in Caracas and wait about 5 days for further instructions. I think Asia is different in that matter, here  in South America we use Interpol police records for immigration and that takes literally a day to obtain the report. Police reports are obtained in a day also in Venezuela.  Applying in a different country is not easy either since the embassy must approve the case transfer. The information given by the immigration unit in Caracas is to wait. 

 

 

[MandW 310]

Not referring to police clearances. That has no impact on administrative processing. They will do background checks on both countries (DHS, FBI, Interpol etc etc..) The home country as well as the country the embassy the visa is being processed. Let me also add about a “transfer” it isn’t as simple as transfer the file...

example:

1. Subject lives in said country 

2. Said country says can’t process here. Need to process at other embassy

3. Subject goes to other embassy and applies visa

4. Other embassy will issue 221g and say “this case needs further administrative processing “

5. Subjects wants to transfer the case, but embassy won’t transfer the case until the embassy that issued the 221g completes the administrative processing.

6. Once administrative processing is completed by the embassy that initiated the administrative processing then the subject can request transfer of the case the subjects original embassy. Note: a transfer can take 30-90 days to transfer then however how long it takes the home country embassy to contact the applicant.

 

this is how it works, been through all this and we withdrew the transfer request and went through the embassy that did the interview.

this process is same for non-immigrant and immigrant visas. All go through an interview and all have to complete a medical. Both types of visa can be issued a 221g.

 

If you live in one country and apply a visa to USA in a different country you WILL get issued a 221g and go through administrative processing and no transfer can take place while the embassy that put the case in administrative processing until it’s completed by that embassy/consulate. I found that out from my congressman that contacted the embassy on our behalf when we were first issued a 221g.

and why would they issue a 221g? Because they don’t have enough time prior to the interview to do their checks on two countries. Trust me. I know what I’m talking about. Just went through 8 months of this...221g sucks. Endless black hole and they don’t have to tell you why or when it will be completed 

 

Edited January 29, 2019 by MandW