Jump to content
pelo814

Does the beneficiary decide which consulate to interview at?

8 posts in this topic

Recommended Posts

My fiancé lives in Botswana, but the embassy there doesn't process K1 visas. The closest consulate for him would be Johannesburg. 

 

Now here is the problem:

I went to visit him a few months ago, but we met in Cape Town (South Africa) first, then went to Botswana. Anyway, after I left he started a new job and had to go to Johannesburg about 1.5 months later for training for a few weeks. When he left they said he overstayed his 90 days (by 5 days) so now he can't enter South Africa for a year, so until August 2020. We are trying to send appeals and call the SA embassy and figure everything out because they are saying he was there in SA the whole time. He went back to the boarder when his appeal was ignored, trying to get information. Even a SA  customs officer said it was a mistake but it was too late for him to do anything and it had to be appealed. 

 

So my question: 

If the beneficiary's country doesn't process K1 visas, can the beneficiary choose which consulate to go to, or is it determined by NVC?  Because if we cannot get this sorted out, it would obviously be better to travel to Harare. 

 

Share this post


Link to post
Share on other sites
3 minutes ago, pelo814 said:

My fiancé lives in Botswana, but the embassy there doesn't process K1 visas. The closest consulate for him would be Johannesburg. 

 

Now here is the problem:

I went to visit him a few months ago, but we met in Cape Town (South Africa) first, then went to Botswana. Anyway, after I left he started a new job and had to go to Johannesburg about 1.5 months later for training for a few weeks. When he left they said he overstayed his 90 days (by 5 days) so now he can't enter South Africa for a year, so until August 2020. We are trying to send appeals and call the SA embassy and figure everything out because they are saying he was there in SA the whole time. He went back to the boarder when his appeal was ignored, trying to get information. Even a SA  customs officer said it was a mistake but it was too late for him to do anything and it had to be appealed. 

 

So my question: 

If the beneficiary's country doesn't process K1 visas, can the beneficiary choose which consulate to go to, or is it determined by NVC?  Because if we cannot get this sorted out, it would obviously be better to travel to Harare. 

 

Jurisdiction is decided by the department of state 


YMMV

Share this post


Link to post
Share on other sites

Generally, in order to interview at a consulate that is located in a country other than the one of citizenship, the applicant must be a legal resident.  So unless he has the option to move to another country and gain legal residence, that option is out.

 

US DOS cannot override SA's policy or determination of a bar for overstay.  Best bet is to try to appeal the bar by SA, since it isn't a US immigration issue.

Share this post


Link to post
Share on other sites
11 minutes ago, Jorgedig said:

Generally, in order to interview at a consulate that is located in a country other than the one of citizenship, the applicant must be a legal resident.

That is the problem... His country of resident do not process K1 visas.

So he will then have to interview in a country where he is not a legal resident. 

 

11 minutes ago, Jorgedig said:

 Best bet is to try to appeal the bar by SA, since it isn't a US immigration issue.

This is what we are doing... I was just asking about how the consulate was decided, since his country of resident does not process K1.

30 minutes ago, payxibka said:

Jurisdiction is decided by the department of state 

Thank you!

Edited by pelo814

Share this post


Link to post
Share on other sites
13 minutes ago, Jorgedig said:

Generally, in order to interview at a consulate that is located in a country other than the one of citizenship, the applicant must be a legal resident.  So unless he has the option to move to another country and gain legal residence, that option is out.

 

US DOS cannot override SA's policy or determination of a bar for overstay.  Best bet is to try to appeal the bar by SA, since it isn't a US immigration issue.

Generally, in order to interview at a consulate that is located in a country other than the one that has JURISDICTION over the country of nationality,  they must be a legal resident 


YMMV

Share this post


Link to post
Share on other sites
4 minutes ago, payxibka said:

Generally, in order to interview at a consulate that is located in a country other than the one that has JURISDICTION over the country of nationality,  they must be a legal resident 

Agreed.  What I was getting at was that in the absence of DOS JURISDICTION (i.e consular services provided in another country), the beneficiary cannot simply "decide" (OP's word) to travel to interview somewhere else.  Hence, the beneficiary will have to attempt to appeal the bar for entry into SA.

Share this post


Link to post
Share on other sites
Just now, Jorgedig said:

Agreed.  What I was getting at was that in the absence of DOS JURISDICTION (i.e consular services provided in another country), the beneficiary cannot simply "decide" (OP's word) to travel to interview somewhere else.  Hence, the beneficiary will have to attempt to appeal the bar for entry into SA.

Agreed, the ability to decide would be called "consulate shopping"


YMMV

Share this post


Link to post
Share on other sites

OP.  For example, Kiev has been known to occasionally take a Moscow interview (might only be because they both were former USSR).  So you can always ask Harare if they would take it but chances are they will say no.


YMMV

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...