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Greg Mc

Please Help - Embassy Won't Request Case Transfer

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Posted (edited)

Hi all,

 

Thank you for your input in advance, seriously stressed-out in what has already been a really stressful and lengthy process so far...

 

My situation is that I (the foreign applicant) have been working in China for the past 2 and a half years (with 2-3 months of each year spent living in my home country of Ireland). My fiancee and I originally applied to have the case processed in China but a combination of the length of time it took to process the case at NVC, and various personal reasons primarily my ill father at home, I decided to move back home to Ireland where I was born and have lived 22 of my 27 years, the vast majority of my life. We tried to request a transfer at NVC stage but when we did we were told it "wasn't the right time to request that yet", shortly thereafter they then sent my case to China despite us asking them not to. 

 

Having researched this forum and others, it seemed simple enough to have another embassy request that your file be transferred to them. I was really disappointed to receive a reply from the  embassy in Dublin, Ireland refusing my request stating: 

Thank you for your recent email. For a transfer request to be considered, applicants must be physically present in Ireland and show evidence of their long term residency. We have reviewed your request and as you are not currently resident or physically present in Ireland, we are unable to request a file transfer.

 

Kind Regards, 
IV Unit

 

Physically present I understand, I was hoping to initiate the process before arriving home but I accept that the embassy requires that I be physically in the country before they initiate anything. However I am really worried about how they are classifying "long-term resident" and how I will be able to prove that.  I sent them copies of my passport, university degree, affidavits from my family explaining the situation, affidavit from my sister stating that I will be living with her, my plane tickets home, copies of previous student visas issued to me by the US embassy in Dublin, but these were not accepted. My fiancee emailed them to request what type of proof they might require for long-term residency beyond the fact that I only left Ireland to work in China for a couple of years. They responded:

 

"...items such as mortgage statements, motor insurance tax/policy, utility bills, letters from employer, revenue documents, etc are the documents you might wish to consider".

 

As I mentioned before, I had to leave China for personal reasons but I did not plan on having to re-settle down in Ireland, work etc. before the visa interview/final approval stage. I planned to visit and assist my father, live with my family etc. I do not have a mortgage in Ireland (I do have a bank account that I have used frequently), don't have a job there, don't have any utilities in my name currently, basically none of what they are asking for. 

I understand that embassies do not wish to overload themselves and that there would be a (small) potential for people picking and choosing which embassies they wish to avail of based on time etc. but I am really concerned with how I am going to satisfy their "long term residency" requirement...I also think it's bizarre that they are asking someone who is applying for what they treat as an immigrant visa to prove that they have long-term ties to the place they are trying to leave....

 

I am prepared to find some type of work if that helps to prove residency but it wasn't what I hoped to do when leaving nor was it the purpose of me leaving...and even if I find employment how "long-term" is their requirement, would a month or two of employment even be enough for them? I have asked them all of this and tried to explain my individual circumstance but they seem to just send copy/paste stock responses and are not contactable by phone...

 

I fly back to Ireland tomorrow and I have no real means/desire to have to fly back to China if my case gets "stuck" there...What a mess...any help and advice would be greatly appreciated!

 

 

Edited by Greg Mc

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Their final email read:
 

Thank you for your email. As per previous email, the interview location is determined by where an individual is physically present and resident, not by what citizenship they hold. Currently you are not resident or physically present in Ireland so we are unable to request a file transfer.

 

Should an individual wish to request a file transfer, they must provide detailed and satisfactory evidence that have had and will continue to have long term residency in Ireland.

 

Kind Regards,

Immigrant Visa Unit

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13 minutes ago, Greg Mc said:

I understand that embassies do not wish to overload themselves and that there would be a (small) potential for people picking and choosing which embassies they wish to avail of based on time etc. but I am really concerned with how I am going to satisfy their "long term residency" requirement...I also think it's bizarre that they are asking someone who is applying for what they treat as an immigrant visa to prove that they have long-term countries to the place they are trying to leave....

I don't think it's that. It's a jurisdictional issue. Each Embassy only has jurisdiction over the residents of that country. Sometimes, for non-immigrant visas, they don't care. But for immigrant visas, they really want you to apply from the country that you're resident of, meaning wherever you currently live in. An analogy of that would be say driver license. I have a US State Driver License and can drive a car in France or the UK or probably Ireland. But I can't go to the Irish equivalent of the Department of Motor Vehicle and get an Irish driver licence. Their answer would be: "Sir, you don't live here!"

 

Another issue with that is Embassy shopping. Embassies in more "developed" country such as the UK or Ireland has reputation  as "easier" than say China. Whether it's true or not is a different story. However, of people from different countries are allowed to go to Ireland to apply for visas, how many people from China you think will be in Dublin? 

 

 

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3 minutes ago, Greg Mc said:

Their final email read:
 

Thank you for your email. As per previous email, the interview location is determined by where an individual is physically present and resident, not by what citizenship they hold. Currently you are not resident or physically present in Ireland so we are unable to request a file transfer.

 

Should an individual wish to request a file transfer, they must provide detailed and satisfactory evidence that have had and will continue to have long term residency in Ireland.

 

Kind Regards,

Immigrant Visa Unit

 

 

In your case, I would try again, AFTER you have returned to Ireland. You can write them explaining that you have now moved back to Ireland permanently. Maybe provide evidence such as your airplane tickets, your entry stamp in Ireland, your address in Ireland, possibly evidence that you have severed ties with China (proof that your employment was terminated and/or apartment lease was terminated, I don't know what you can come up with). But I would do that if I was you. 

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21 minutes ago, USS_Voyager said:

I don't think it's that. It's a jurisdictional issue. Each Embassy only has jurisdiction over the residents of that country. Sometimes, for non-immigrant visas, they don't care. But for immigrant visas, they really want you to apply from the country that you're resident of, meaning wherever you currently live in. An analogy of that would be say driver license. I have a US State Driver License and can drive a car in France or the UK or probably Ireland. But I can't go to the Irish equivalent of the Department of Motor Vehicle and get an Irish driver licence. Their answer would be: "Sir, you don't live here!"

 

Another issue with that is Embassy shopping. Embassies in more "developed" country such as the UK or Ireland has reputation  as "easier" than say China. Whether it's true or not is a different story. However, of people from different countries are allowed to go to Ireland to apply for visas, how many people from China you think will be in Dublin? 

 

 

Thank you USS_Voyager I really appreciate you taking the time to respond. The "embassy shopping" was what I was getting at, I know there is probably a lot of that going on in this part of the world with Brexit but as you said, I don't know many Chinese/Irish dual citizens (well one actually haha).

I understand your analogy but I'm not sure it really holds...I sent them lots of evidence to support the fact that I have lived in Ireland for about 90% of my life and that I am a citizen of Ireland by birth...

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24 minutes ago, USS_Voyager said:

 

 

In your case, I would try again, AFTER you have returned to Ireland. You can write them explaining that you have now moved back to Ireland permanently. Maybe provide evidence such as your airplane tickets, your entry stamp in Ireland, your address in Ireland, possibly evidence that you have severed ties with China (proof that your employment was terminated and/or apartment lease was terminated, I don't know what you can come up with). But I would do that if I was you. 

Yes, basically I guess I have to send them the same email I already sent them as it contained a lot of the above but hope that my physical presence was the sticking point...

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1 minute ago, Greg Mc said:

I understand your analogy but I'm not sure it really holds...I sent them lots of evidence to support the fact that I have lived in Ireland for about 90% of my life and that I am a citizen of Ireland by birth...

Citizen doesn't matter. There are US citizens who never set foot on the US.

 

Just provide enough evidence that you have moved back to Ireland from China. You no longer live in China, you now live in Ireland. I think that'll do it. 

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1 minute ago, USS_Voyager said:

Citizen doesn't matter. There are US citizens who never set foot on the US.

 

Just provide enough evidence that you have moved back to Ireland from China. You no longer live in China, you now live in Ireland. I think that'll do it. 

Right but I sent them a credentialed timeline of my life in Ireland until age 24 and a lot of documentation you suggested above too...I hope you're right anyway, thanks again for your help!

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14 minutes ago, Greg Mc said:

I sent them lots of evidence to support the fact that I have lived in Ireland for about 90% of my life and that I am a citizen of Ireland by birth...

But from what you posted from them earlier, that’s not relevant to their jurisdiction because it’s all in the past. It’s the present and intentions that matter - so I agree that until you have actually moved back and established a home in Ireland, you can’t show them what they want to see. 

 

 

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16 minutes ago, SusieQQQ said:

But from what you posted from them earlier, that’s not relevant to their jurisdiction because it’s all in the past. It’s the present and intentions that matter - so I agree that until you have actually moved back and established a home in Ireland, you can’t show them what they want to see. 

 

 

Thank you very much for your response. How would you suggest establishing that given my particular circumstances and that I won't have many of the types of documents they suggested?  

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Not sure how your wordings were in your initial email to the embassy but i believe they matter in how you say in your next request to the embassy. Lets say even after returning back to Ireland, saying “ I have moved back to my hometown after completing my work in China” vs “ I have returned back to Ireland to take care of my father, so i want my interview here” might be interpreted as first one being permanent move and the second one being temporary move just to take care of your father.

 

May be you write your email/request properly and add evidences like others have said...

1. Job termination in china

2. Flight to ireland/boarding pass/entry stamps

3. Your ireland passport

4. Bank accounts in ireland

5. Any valid ID or DL from Ireland

and any associated items regarding present time not the past.

 

when my wife moved back to Nepal from india after completing her study while her case was assigned in US Consulate in Mumbai India, i sent an email to NVC saying “She moved back to Nepal” and provided scans of boarding pass, her Passport copy from Nepal as proof and the case was transferred to US embassy in Nepal from India. It was at NVC stage so it happened faster and may be requirement was less.

 

 

 

 


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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