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BlueTornado

Nvc interview location change /Adj of stat?

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Just throwing this out there...

 

We are waiting for the NVC, everything is submitted(and one document was just resubmitted because of an error)

We really wanted to visit the USA again before my wife’s tourist visa expires. We were going to visit family in the USA In September and return in January.

 

The concern is will the NVC really only take 3ish months till the appointment? Meaning is November really a possible date for the Ho Chi Minh Consulate?

 

Because currently Vietnam has closed its boarders to foreigners so my fear is she would need to return to HCM with our baby by herself(or worse yet without the US/VN-baby)

 

Can we request a new location or go through an adjustment of status if she gets approved for her appointment?

 

Thanks for the input.

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Filed: Citizen (pnd) Country: Haiti
Timeline
21 minutes ago, BlueTornado said:

Just throwing this out there...

 

We are waiting for the NVC, everything is submitted(and one document was just resubmitted because of an error)

We really wanted to visit the USA again before my wife’s tourist visa expires. We were going to visit family in the USA In September and return in January.

 

The concern is will the NVC really only take 3ish months till the appointment? Meaning is November really a possible date for the Ho Chi Minh Consulate?

 

Because currently Vietnam has closed its boarders to foreigners so my fear is she would need to return to HCM with our baby by herself(or worse yet without the US/VN-baby)

 

Can we request a new location or go through an adjustment of status if she gets approved for her appointment?

 

Thanks for the input.

I’m not sure where you found/believe it may take only 3ish months from NVC to an appointment. If your embassy is still closed then NVC isn’t even sending anything over and they still have to work on all the interviews and petitions that were submitted since March.. You also have the ability to prolong your visa. You can only request a new location if she is legally residing in another country which isn’t your case. You can’t enter the US On a tourist visa with the intent to adjust Status as that is immigration fraud. Why don’t you make your visit to the US shorter than 5 months? Also it’s always up to the CO to let her in the country and may be more scrutinized with the whole family visiting the US for 5 months while a CR1 is pending, just a heads up.


Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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You can interview for the visa at any US embassy/consulate covering a region where you have legal status or citizenship.

Unless I missed something in your post, it sounds like she lives in Vietnam and is a Vietnamese individual. So the only place she would qualify to interview is in Vietnam.

 

You cannot enter on a tourist visa with intent to file for AOS. It's the immigrant visa route for her.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

It is not my intention to commit fraud. It is a concern she may need to return to her interview, but VN is locked down they will accept her as a returning citizen, but not me. At this moment if I leave I cannot return to Vietnam yet.

Consequently i am worried about our family getting split. So encase they don’t open the boader to foreigners, can i petition to let my wife stay in the USA in some way with me and our daughter. Such as getting a new interview location.

 

i planned to return to VN for it as long as we can all stay together. Which I figured wouldn’t be a problem if the appointment was later.

 

the state department timeline says they are reviewing cases from May 8th so that is 3 months also US travel docs says it averages 3 months(obviously this is subject to fluctuations) the HCM Consulate says it’s running normally.

 

lets say the NVC finishes in November  would the appointment follow immediately or is it then going to be another X amount of months till the interview date?

 

also last year we visited for 2weeks at thanksgiving and they stamped her visa for 6months no major questions. I was hoping it would be that easy again(yeah just blind hope)

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Posted (edited)

Is she in the US at this point in time? Your original post said the plan was to visit in September, but the post above is worded like she is in the US now.

Edit: Another re-read implies you are all in Vietnam right now ("At this moment if I leave I cannot return to Vietnam yet.").

 

So no, she cannot enter the US with intent to file for AOS or stay. She must interview for an immigrant visa. There is nowhere in the US to interview for a visa...consulates and embassies issue visas and they are only located abroad. There are none within the US.

As noted previously, she can interview at a consulate or embassy where she holds legal residency or citizenship.

 

There is no stated basis for her to enter the US with intent to stay, prior to the CR-1/IR-1 visa that is already in progress.

She can visit, subject to CBP inspection, and for at most the time they grant via her I-94 (usually up to 6 months). The advice is to spend more time out of the US than in it, with twice as long being preferred, to avoid suspicion of using a tourist visa as a means to live in the US.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

No, right now the three of us are in VN.

last year we traveled to the USA for thanksgiving.

 

i wanted to visit again this year before the possible interview date or luner new year in February( whichever comes first we were planning to end our vacation in the USA for either event)

 

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Just now, BlueTornado said:

No, right now the three of us are in VN.

Got it on another read - see my edit above. But thanks for the quick clarification.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Filed: K-1 Visa Country: Vietnam
Timeline

Stay put. This is not the time for major international travel, especially between VN and U.S. Wait until she interviews at the HCMC consulate and go with her. You being at the interview is far more important than visiting the U.S.

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Filed: Other Country: China
Timeline

Make your decision based on your own priorities.  Do not expect to enter Vietnam as a foreigner if you leave.  Even if things change between now and September, they could change again before the interview.  Don't expect an interview this year.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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