K1 visa interview [merged threads]

[lukeno2007 6]

Thank you so much ,you have been so helpful . Will like to ask on the topic you said you saw something similar like this , can you remember if the person was interviewed without PR .

[Redro 4,601]

14 minutes ago, lukeno2007 said:

Thank you so much ,you have been so helpful . Will like to ask on the topic you said you saw something similar like this , can you remember if the person was interviewed without PR .

There were two threads I remember:

 

In one thread, the beneficiary went back to their home country after they had been living (without status) in a European country. They visa was refused until they provided a PCC from the country they had lived in. They did not have to show they were in the country legally. 

 

In the second thread, the beneficiary interviewed at the US Embassy in Europe and they were out of status. 

I read this a few months ago but it happened many years ago. Maybe early 2010s or early 2000s. The policy might have changed since then and the Embassy will refuse to interview him even if you successfully make an appointment. 

 

You can try to search for both threads. If you find them please post them in your thread. I am interested in reading the stories again. 

 

The safest bet is to interview in Nigeria. 

 

Be aware on the DS160 your partner might have to answer yes to the following question:

 

1. Have you ever been removed or deported from any country?

 

 

 

[mari04 100]

9 hours ago, lukeno2007 said:

The truth is you just don't guess what situation people are ,and give advices. No point explaining to you ,cause you've made up your mind about what the media or what your hear about Nigerians. And for your information I'm a Nigerian American too the same tribe ,so you thinking is way way off .

90% of cases follow scenario that I described. Not every case but majority. I described the red flags when petitioner that encountered them needs to run. And yes, I have absolute right to give advice here as long as I do not violate TOS. If you have a problem with this do not read or do not come to this site. I am legitimately trying to protect US citizens. 

[lukeno2007 6]

 I'm Nigerian and your opinion to my question is insulting to Nigerians  ..So please keep your options to yourself,  you don't know the situation of every country i will never come up here to say that about any country or people. Just cause of the mention of Nigeria you assumed the worse. If I say that about your country i bet you will say otherwise. Not everyone is bad minded.

[Unlockable 7,306]

*** Reminder that it is against the site's to prevent others from posting. Also, please stick to the subject matter of the original post.

 

VJ Moderation

Edited May 22, 2022 by Unlockable

[lukeno2007 6]

On 5/22/2022 at 9:56 AM, ROK2USA said:

He will be able to procure a PCC from France according to visa reciprocity.

Police Records

Available

Fees: There are no fees

Document Name: Extrait de Casier Judiciaire 

Issuing Authority: Persons born in France, Greffe du Tribunal de Grande Instance. Persons born outside of France, Ministere de la Justice, Casier Judiciaire National, 107, rue du Landreau 44079 Nantes Cedex

Special Seal(s) / Color / Format:  There is no special seal(s)/color/format

Issuing Authority Personnel Title:  Ministere de la Justice

Registration Criteria: online at  https://www.service-public.fr/

Procedure for Obtaining:  Extraits de Casier Judiciaire may be obtained by any person, regardless of: nationality, place of birth, legal/illegal status, who has resided in France at any time, provided such residence occurred after the age of 15 years. The applicant should furnish his/her full name, and any other names (including maiden), by which known, date and place of birth, father's full name, mother's maiden and married names, and place of residence.

Certified Copies Available: Certified copies are not available 

Alternate Documents:  There are no alternate documents

Exceptions:  None

Comments:  None

 

Instructions on US Embassy in France states:

 

Immigrant visas to the United States are processed for citizens and residents of France and Portugal at the U.S. Embassy in Paris.

 

I assume you put his current address (in France) when you filed the K1. When the petition is approved they will probably send his documents to the Embassy in France. As they are not aware he is not legally in France. 

I do no think they request you show proof of legal residency at any stage of the process. You'll probably be okay to schedule the interview in Paris. But, no one knows if they'll ask to see his documentation stating he is a legal resident of France. If US Embassy in France has an issue with him interviewing he will probably be refused. Not sure if that means you will have to start over (another K1 or marry and file I-130). 

 

If you do not want to take the chance of his visa being refused. You should contact the Nigerian embassy after you receive the NOA2 and request they send the approved petition to Nigeria. 

 

• If you are requesting a transfer for a K Visa, the receiving Embassy or Consulate has the discretion to approve or deny the acceptance of a K visa application from an applicant outside the consular district.  Contact the potential gaining U.S. embassy or consulate in writing to request a transfer of your case and include the reason for the transfer request.  If you paid the MRV fee at the original post and the transfer request to a new post is subsequently approved, a new visa fee will be required.  

 

 

I get what you saying, but the trend you mentioned was the individual who got interviewed in France or Italy like you mentioned out of status if you recall?

[lukeno2007 6]

Hello everyone. Please I will like your advice on this issue, my fiance is in france which he is living for the past 9 year now but out of status. He asked for asylum in 2013 but refused in 2016 by our case is approve will be next year 2023, my question is can he be interview in france since he will be there for 10 year and can't go back to his home country.

[Crazy Cat 39,575]

Only the Consulate can answer that.  Some consulates require proof of legal status.

[Boiler 43,689]

I thought I remembered this being asked:

 

 

[JeanneAdil 6,239]

2 minutes ago, Boiler said:

I thought I remembered this being asked:

 

 

it was back in May

and there are many issues with this K1 

he needs the criminal report from France (and i suspect he would be deported when trying to attain one)

OP talked of returning to Nigeria for interview (still again needs the criminal report from France)

If France will allow the interview ,  he needs criminal report from Nigeria 

 

Not sure how this will all play out 

but advise is the same as May for this poster

[Rocio0010 5,572]

They gave you many suggestions on your last thread, so what's different now?

[TBoneTX 43,407]

Similar-themed threads have been merged.

Edited October 27, 2022 by TBoneTX

[SalishSea 16,851]

10 hours ago, lukeno2007 said:

Hello everyone. Please I will like your advice on this issue, my fiance is in france which he is living for the past 9 year now but out of status. He asked for asylum in 2013 but refused in 2016 by our case is approve will be next year 2023, my question is can he be interview in france since he will be there for 10 year and can't go back to his home country.

Same answers as last time you asked this…..

[lukeno2007 6]

Hello all... will like to say thank you to all the response to all my questions. Thought I should  follow up to the topic , I was able to go for the interview without legal status and i was approved. 

[powerpuff 5,970]

31 minutes ago, lukeno2007 said:

Hello all... will like to say thank you to all the response to all my questions. Thought I should  follow up to the topic , I was able to go for the interview without legal status and i was approved. 

Congratulations! Thank you for updating us, this could be immensely helpful for someone going through a similar situation.