Can I switch consulate on a visitor visa?

[YueQian 22]

Hi, I’m Chinese and the address we put in the I129f is in China. Since China is on the travel ban list and interviews are put on hold, I’m considering moving to another country and having the interview there. 

 

I’ve found a few posts here saying it’s possible to ask NVC or the new consulate for a transfer, what’s not quite mentioned is the status requirement when doing so. Do I have to be a legal resident in the new country, or is it ok to do it on a visitor visa? I’m willing to re-enter to stay as long as needed. Thanks for your help!

Edited September 17, 2020 by YueQian

[payxibka 10,045]

4 minutes ago, YueQian said:

Hi, I’m Chinese and the address we put in the I129f is in China. Since China is on the travel ban list and interviews are put on hold, I’m considering moving to another country and having the interview there. 

 

I’ve found a few posts here saying it’s possible to ask NVC or the new consulate for a transfer, what’s not quite mentioned is the status requirement when doing so. Do I have to be a legal resident in the new country, or is it ok to do it on a visitor visa? I’m willing to re-enter to stay as long as needed. Thanks for your help!

you cannot consulate shop on the basis of a tourist visa 

[Crazy Cat 41,976]

14 hours ago, YueQian said:

Hi, I’m Chinese and the address we put in the I129f is in China. Since China is on the travel ban list and interviews are put on hold, I’m considering moving to another country and having the interview there. 

 

I’ve found a few posts here saying it’s possible to ask NVC or the new consulate for a transfer, what’s not quite mentioned is the status requirement when doing so. Do I have to be a legal resident in the new country, or is it ok to do it on a visitor visa? I’m willing to re-enter to stay as long as needed. Thanks for your help!

Generally, you must be a legal resident (other than a tourist).  I, personally, am not aware of any exceptions.

Edited September 18, 2020 by Lucky Cat

[YueQian 22]

Alright then, seems I’ll just have to keep waiting 😅

 

Asking for a friend(for real): A student visa wouldn’t work either, right? 

[payxibka 10,045]

16 minutes ago, YueQian said:

Alright then, seems I’ll just have to keep waiting 😅

 

Asking for a friend(for real): A student visa wouldn’t work either, right? 

A student visa applicant must not have immigrant intent.  The i129f petition is strong evidence of immigrant intent that will be difficult to overcome 

[YueQian 22]

6 minutes ago, payxibka said:

A student visa applicant must not have immigrant intent.  The i129f petition is strong evidence of immigrant intent that will be difficult to overcome 

by that I mean a student visa in the country where they plan to have the interview, and not US

[SteveInBostonI130 3,467]

13 minutes ago, YueQian said:

by that I mean a student visa in the country where they plan to have the interview, and not US

That may work.  I believe others have had their interviews in countries where they had temporary work visas. 

 

EDIT:  If you are not too far down the K1 path, then an alternative could be CR1.  You would need to meet someplace to get married first, but it could be an option for you.

Edited September 17, 2020 by SteveInBostonI130
added CR1 option

[Mollie09 1,543]

1 hour ago, YueQian said:

by that I mean a student visa in the country where they plan to have the interview, and not US

Most places accept applicants with work and student visas, that's temporary residence.

[Duke & Marie 1,389]

12 hours ago, YueQian said:

Alright then, seems I’ll just have to keep waiting 😅

 

Asking for a friend(for real): A student visa wouldn’t work either, right? 

A student visa might work provided your in that country under the terms of that visaS issuance .. e.g. enrolled and studying at an approved institution... noting that a student visa isn’t a tourist visa either and shouldn’t be used as such

[Just Paul 4,595]

14 hours ago, YueQian said:

Do I have to be a legal resident in the new country,

You have to have some form of residency to interview in another country.  In some consulates you need secondary documents like ids, registrations, permits and things showing you are actually a resident.

 

We were able to do it for our spousal since I was able to extend my permanent residency to my wife.  After 6 weeks she got her residency card we were able to process from Mexico.

 

For a K1 it probably isn't a worthwhile exercise.

[Orangesapples 1,954]

Keep in mind that an embassy transfer takes 2-3 months during good times...