How does the NVC choose which embassy to assign? (K-1)

[Vashezzo 43]

My beneficiary is a Russian citizen but has been living in Serbia since May 2022. Thankfully(?) after moving to Serbia she changed apartments a few times, so the only Russian address she has on our I-129F is in the additional information section of the last page, everything else is in Serbia. We also requested to be sent to Belgrade on the I-129F, but from my reading that field has basically no impact on what actually happens. We obviously would prefer to be assigned to Belgrade than to Warsaw, and with the current pace of case processing we probably have about 6 months before NOA2. Our concern is that she's been living in Serbia unofficially using the rolling 30 day visa runs, and does not have a residency permit. The permits cost $2-3k, so we'd ideally only want to get one if it helps us interview in Belgrade. On the part of the Serbian government, they don't seem to care much about the visa runs, and their policies for applying for residency seem to me to encourage people to do repeat visa-runs (they're required to have found employment and signed a 6-month lease before applying for a temporary residency permit). On the US side however, the information I've found is a little bit contradictory/confusing. Some summary below:

 

• The state department website says "The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé(e) lives." which makes it sound like they primarily base the assignment on your address history, not your citizenship, so we may get assigned in Belgrade based off the address history.
• The Belgrade embassy said via email that "Currently, we are only accepting immigrant visa applications from applicants who are residing permanently in Serbia or Montenegro."
  • This seems to imply that even a temporary residence permit (allowing her to stay in Serbia for 1-2 years, before applying for permanent residency) would not be sufficient to interview in Belgrade, so it's pointless to get one.
  • However, K-1 visas are classified as nonimmigrant visas, so maybe the restriction they list does not actually apply?
    • BUT, the same email states "We are currently processing ALL immigrant visa categories, including K-1 Fiancé and Diversity visas." so maybe the restriction does apply to K-1's.

 

 

If we can't manage Belgrade, the backup plans we have in mind are:

• Requesting a transfer somewhere else (Currently looks like Jerusalem or Almaty unless anyone has tips for other places to try)
• Applying for a Schengen visa to enter Norway (I think that's our best odds to be approved - I have friends and she has family there, she has a past Schengen visa for a trip to see her family there) and sneak into Poland after vacationing there.
• ???

 

Does anyone have any experience with this situation or a similar one? We'd appreciate any feedback or advice anyone has!

[Boiler 43,727]

You need to find out if Belgrade will interview a visitor, I do not know what their practice is, I would get in touch and ask.

[millefleur 5,039]

Last I heard, Serbia is not accepting non-resident Russians.

 

7 hours ago, Vashezzo said:

where your fiancé(e) lives.

They mean legally, i.e. has actual residency. Doing visa runs on a temp stay status does not count as "living" in a place legally.

 

7 hours ago, Vashezzo said:

The Belgrade embassy said via email that "Currently, we are only accepting immigrant visa applications from applicants who are residing permanently in Serbia or Montenegro."

This is in line with my previous statement. They don't seem to be taking non-residents. Having legal residency in Serbia would indicate she can interview there.

 

7 hours ago, Vashezzo said:

However, K-1 visas are classified as nonimmigrant visas, so maybe the restriction they list does not actually apply?

K-1's are treated the same as immigrant visas in terms of the interview.

Edited February 23, 2023 by millefleur

[Simplytex 387]

2 hours ago, Vashezzo said:

Our concern is that she's been living in Serbia unofficially using the rolling 30 day visa runs, and does not have a residency permit. The permits cost $2-3k, so we'd ideally only want to get one if it helps us interview in Belgrade.

Just out of curiosity, if you were to do the math (and of course, hindsight is 20/20), how much have you spent on travel doing the in/out to stay legal with the 30 day runs, versus just getting the residency visa? Also, if you were to interview in Warsaw/Jerusalem/Almaty, do you have an estimate of how much you'd be spending for flights+hotels+other expenses in those places? You might find that just ponying up the cash for Serbia, if she's already got a lease or place to live there, is closer to breakeven. Just to give a different perspective on it.

[Vashezzo 43]

46 minutes ago, millefleur said:

Last I heard, Serbia is not accepting non-resident Russians.

 

The mean legally, i.e. has actual residency. Doing visa runs on a temp stay status does not count as "living" in a place legally.

 

This is in line with my previous statement. They don't seem to be taking non-residents. Having legal residency in Serbia would indicate she can interview there.

 

K-1's are treated the same as immigrant visas in terms of the interview.

Do you know if a 1-2 year residence permit is sufficient? I can also email the embassy and ask them directly

 

Edited February 22, 2023 by Vashezzo

[Vashezzo 43]

35 minutes ago, Simplytex said:

Just out of curiosity, if you were to do the math (and of course, hindsight is 20/20), how much have you spent on travel doing the in/out to stay legal with the 30 day runs, versus just getting the residency visa?

It's only about $30 a month for the visa runs - there are vans you charter than drive you just across the border and ferry you back, takes a few hours and you're good for a month.

 

Also, if you were to interview in Warsaw/Jerusalem/Almaty, do you have an estimate of

36 minutes ago, Simplytex said:

Also, if you were to interview in Warsaw/Jerusalem/Almaty, do you have an estimate of how much you'd be spending for flights+hotels+other expenses in those places? You might find that just ponying up the cash for Serbia, if she's already got a lease or place to live there, is closer to breakeven. Just to give a different perspective on it.

It would almost certainly be more expensive to travel somewhere for the interview (and more of a headache too) - but if the temporary residence permit wouldn't be sufficient to interview, then we'd have to pay for the travel anyway, permit costs would be wasted. The sticking point for me is the embassy saying "permanent residents" as opposed to legal residents. It takes 5 years of temporary residence to apply for permanent here.

[millefleur 5,039]

1 hour ago, Vashezzo said:

Do you know if a 1-2 year residence permit is sufficient? I can also email the embassy and ask them directly

 

I would assume it is since it's an official residence but probably good to check in with the embassy.

[TBoneTX 43,422]

6 hours ago, Vashezzo said:

K-1 visas are classified as nonimmigrant visas

The K-1 is a "hybrid" visa -- a nonimmigrant visa with immigrant intent.  This is why they're processed by the Immigrant Visa unit of the consulates, as millefleur says.

[Vashezzo 43]

To give an update:

 

I emailed the consular section of the embassy on 2/22, waited 7 business days (they say to wait 3 for a reply), received no reply. I called the phone number for the embassy, spoke to an operator, he initially told me that they'll only reply if the answer cannot be found in the automatic email they send out, but after I explained the details of the situation he said I should send another email, so I did. I once again got no reply, so I called again today, spoke to a different operator, and was told she couldn't help me as the consular section has no phone number, and she said I should just keep emailing them until they reply. Very frustrating..

[PakistaniRussian 83]

2 hours ago, Vashezzo said:

To give an update:

 

I emailed the consular section of the embassy on 2/22, waited 7 business days (they say to wait 3 for a reply), received no reply. I called the phone number for the embassy, spoke to an operator, he initially told me that they'll only reply if the answer cannot be found in the automatic email they send out, but after I explained the details of the situation he said I should send another email, so I did. I once again got no reply, so I called again today, spoke to a different operator, and was told she couldn't help me as the consular section has no phone number, and she said I should just keep emailing them until they reply. Very frustrating..

Yikes, that is so frustrating. Unfortunately, you'll have to keep pestering them and emailing/calling to get clarification. Hope everything works out for you soon 🙏🏼