Nvc interview location change /Adj of stat?

[BlueTornado 1]

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.

[Lucky2Lucky 2,526]

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.

[geowrian 22,337]

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.

[BlueTornado 1]

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)

[geowrian 22,337]

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 July 30, 2020 by geowrian

[BlueTornado 1]

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)

 

[geowrian 22,337]

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.

[BlueTornado 1]

Thank you all for your quick responses.

 

It looks like i will just have to stay in VN untill the boarders open and I know we could make the interview together.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[WandY 430]

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.

[pushbrk 12,968]

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.

[Stein 276]

I saw recently where people DQ'ed in May are getting their interview dates for September for HCMC.  So if you got DQ in August you might see an interview in December.  My DQ is June 1 and I don't have my appointment yet.  I assume if history holds true I'll get one for October and then I'll postpone it until January.  We aren't moving to the US until next June due to daughter finishing 9th grade in school and I don't want a mid-year move for her so I don't want to interview this year.

 

I waffled on a mid-year move but it's too tough on them plus I need to buy a new house in the district we want her to go to school and doing all of that in the winter, in Nebraska, around the holidays is just too much.

 

I'm also here and not willing to leave right now for fear of not getting back in.  If things change after the first of the year I may go to US for a trip since I haven't been home since last year but I won't take them with me until the move in June.

Edited August 19, 2020 by Stein