BCN_CAL

On 5/26/2018 at 1:51 PM, Mark88 said:

 

Like I mentioned, the risk for me would be too high if something goes wrong. See what Frankfurt says and let us know. Thanks!

On 5/26/2018 at 1:51 PM, Mark88 said:

 

Like I mentioned, the risk for me would be too high if something goes wrong. See what Frankfurt says and let us know. Thanks!

Thank you Mark88,

I sent an email to Frankfort and Custom and Border Protection (CBP) email address in the US. But they did not answer after almost 10 days!?

Thank you again Mark for your reply.

Just an update about our case.

Yesterday  I went to the airport and talked with the station manager. 

It was her first time to see a case like this. She told me that for the US flights they have a special phone number for legal advisement of the visa of the passengers. After 30 minutes talking with different people and also with this visa advisor of the US she told me that I must have a certified english translation of my baby birth certificate, passport of baby and mother, and the letter of the embassy.  Then I won't have any problem to fly there.

However, to be in the safe side and to avoid any hassle in the airport, I also sent an email to the US consulate in Frankfurt about Baby Transportation Letter. Let's see what they respond?! If they tell me that I have to come to Frankfurt to take the letter, I will certainly do it.

Best,

 BCN_CAL

9 hours ago, Mark88 said:

I am sure they gave you the best information that is possible. And they were right, concerning that they can not process the NA3. In theory it is not the consulate that does it, it is Customs and Border Protection. My case was handled by the Frankfurt, Germany general consulate which has a Customs and Border Protection section which issued the NA3. You can find the info here: https://imgur.com/srhWSt5

 

So the trust in your case basicly comes down to, if the IV unit at Madrid embassy (and the guy/girl who answered your email) is even aware of this scenario. Sadly as you can see to the many replies in this post, many have been stuck with consular officers that have no idea a NA3 exists. Or just shrugg it as something off that might be country specific.

 

If I were you, I would contact CBP at Frankfurt and see what they say, since they have jurisdiction over Madrid (and all of Europe).

 

I assume your child has Spanish citizenship and a valid passport. Due to this all your baby needs is an approved ESTA.

Were you from a country that is not part of the VWP you are correct, and your child would definately need the NA3 to board the plane (the airline would otherwise deny boarding).

 

I think since your child is a baby there is almost virtually no chance of the child being denied entry to the US. You will have a valid ESTA and the child will get legal entry for up to 90 days. HOWEVER this will not solve your problem: Your child did not enter on an IV/NA3 visa and does not qualify for the CCA and will not receive USC through your wife.

 

Here is what I would do (better more did):

Contact Frankfurts CBP cbp.frankfurt@dhs.gov and ask if they can issue the NA3 for your child. If they say yes, further clarify if they will do it for you even if your residence is in Spain. Three things might happen:

a) You might get lucky and they'll contact Madrid IV for you and give them exact instructions how to issue the NA3 visa (best case scenario, least time and cost).

b) They will say yes, and you can make an appointment for Frankfurt to get the NA3 in Germany. You will have to chip in the flights and maybe even a night in a hotel, but this will still be much better than having an hours long discussion with CBP in Boston after a transatlantic flight with a baby, stressed parents and at the end maybe not getting the I-181.

c) They will say they can't help you since they don't do it (anymore) or you do not live in their (immidiate) jurisdiction.

 

This is all above is only my personal opinion. I have no idea if it might be just as easy as the Madrid consular section noted. It will set you back a day or two and the travel costs to Frankfurt. But this is what I think and I have personally done, since the risk of having trouble at the border, not receive a I-181, and not derivative citizenship were too great of a risk for me and my family. If you contacted Frankfurt and they can gurantee you the issuance of a NA3 in your childs passport, the extra time , costs and effort would be totally worth it considering what would happen if there are border problems (and no I-181 issued). Again, only my personal opinion.

If Frankfurt can't help you, you might have no other choice than Madrid consular sections advice on how to do it.

 

Please keep us updated about your case. I am sure it will help many what the outcome will be, if they are stuck in your situation.

 

Many Thanks Mark for your reply.

Tomorrow I am going to the airport in Madrid to ask from the Iberia Airline's station manager about this procedure. Airlines must know if we can fly with this letter and documents.

The other issue is that my baby does not have Spanish passport yet and it is in process. She will have it next year. At the moment she has a passport from one of the countries in the "Black List"!!! This is my concern as well

I am not 100% sure if the people in the IV section of the embassy studied our case carefully. I am worry if at the POE they don not allow my baby to enter to the US. I do not want to have any problem in the airport or POE. Can I trust these people said in the IV segment? If they send us this letter does it mean that we won't have any problem at the POE?

Kind regards,

BCN_CAL

On 4/14/2018 at 9:30 PM, Mark88 said:

As to my understanding, you have two options: You can either get a BTL as a LPR or file for an IR-2 visa as a USC.

 

It wouldn't make much sense to me, that if a child of a USC doesn't qualify for a CRBA, that a USC can simply apply for a BTL (this would have changed the case of my story a lot). Just think of the scenario: You can get the BTL, disqualify of it through your trip to th US, but your wife, a USC can now derive your visa to your child for entering the US? A BTL is basicly derived from a LPR, since a USC can't have a visa.

 

The law also states what you quoted above: ....the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child.....

 

It doesn't bring up the USN again, only if you're applying as the LPR.

 

But as I stated above, if you think the law is in your favour, you will have no other option than sorting out things with the consulate section of the embassy.

Dear Mark, 

Thank you again for your answer.

For updating the case...

Last week we went to the US embassy in Madrid. First we got an appointment for Reporting of Baby Birth. They again told to us that she can not get CRBA for our baby. Then we showed them a print of law from USCIS website and asked them for BTL. At the beginning they did not know that what is BTL. Then they told us that we have to send an email the Immigration Visa (IV) segment. We emailed IV segment a scan of baby birth certificate, my wife US passport, and a PDF file of the VISA Waiver law about transportation letter.  

We received a reply from them that: 

"You have to print the letter attached and travel with it, and with your baby´s original birth certificate and passport.

and the content of the letter is as the following:

"To whom it may concern:                                                    

This is to inform that under the Immigration and Naturalization Law (8 CFR 211.1 (b)(1)) “…a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States.”

The minor should carry a valid travel document and an original birth certificate with English translation."

We replied to them and asked them about a letter with Baby Name, signature and stamp or NA3 visa. We also attached a sample of the NA3 visa to the email. but they replied to us that: 

"Dear XXX:

We only provide this letter, we do not process transportation letters for this cases, and the letter you are taking is only to clarify your son´s situation.

When you arrive at the port of entry you will present the baby´s passport, birth certificate and letter to indicate your baby has the right to get lawful permanent resident status once you contact the Immigration Services, as it is specified in the Immigration Law.

Regards.

IV Unit Madrid."

Can I trust this people in the embassy IV segment. With a letter without any signature and stamp do they allow us to take a plane? Moreover, if we fly to the US is it possible they do not allow my baby to enter to the US at the POE? What do you think? Can I trust what they say and buy our tickets to Boston.

Thank you!

BCN_CAL

1 hour ago, Mark88 said:

I don't really understand it. The USC or USN would be able to get the BTL under your LPR, but still it wouldn't be valid, since you already travelled to the US.

Otherwise the IR process wouldn't be necessary if every USC could have a BTL issued for their child. You will have to contact the embassy and ask them on this mater yourself.

Thank you for your reply. The issue is that my wife is the US citizen and she has not traveled to the US after the birth of the baby. My question was that if we can get BTL though her, because as you said I ( as green card holder and LPR) have already traveled to the US.

Thank you,

BCN_CAL 

On 8/9/2017 at 10:47 PM, Mark88 said:

It has changed, and just one parent (doesn't matter if father or mother who is a LPR) can apply for a BTL.

 

 

If you (the green card holder) travelled to the US without the child, I am sorry to say, that was it. The rules say it must be on the first trip back to US and you must accomodate the child.

You will have to take the regular greencard route. You might be able to expedite the process for the green card, but expect it to be 6-12 months since Spain does not offer DCF.

Dear Mark88,

Thank you so much for your reply. 

It almost passed one year and I am still in Spain. As I checked the law in the USCIS website, it also mentions about US NATIONAL:

"(b) Waivers. (1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child's birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States." (https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-15844/0-0-0-15852.html)

In this case can we consider my Wife as the "US national"? In this case we won't have any problem to bring my Baby to the US with transportation letter. 

Thank you for your reply in advance.

Best,

Meysam

On 5/21/2013 at 8:20 AM, Mark88 said:

My wife and I went through a great ordeal getting our child citizenship and in the end it worked out. Since I had numerous questions I couldn't find an answer to in our situation, we decided to write our experience and hope this will help others. Here are the questions and major issues we encountered:

• Why and how our Child Report of Birth Abroad (CRBA) was denied at the US Consulate
• How our child was legally able to enter the US with a baby transportation letter, receives a green card and the process at the airport.
• Receiving US Citizenship under the Child Citizenship Act of 2000 and a US Passport
• Applying for a Social Security Number using the new US Passport but without a US birth certificate, and finally
• Did our child loose her foreign citizenship through be becoming a US Citizen
• Still deciding to file N-600 with USCIS

---But first, our Background:--

I'm a US Citizen by birth (you can be a naturalized citizen, too. This will not make a difference for the further process) and my wife is a foreign national with a 10 year unconditional green card. We went abroad while she was pregnant to visit her family. While being there, my wife had complications and was hospitalized for a couple days. Because of this, the doctors advised against traveling for her, since the risk was too big of loosing the baby. This is how a 10 day trip turned into 10 months. Since I'm a freelance programmer I had the luxury of conducting my business from abroad and it wasn't a big deal for us. We decided to play it safe and stay. Everything went well and our child was born healthy and without any further complications. We decided to stay a couple of weeks longer so my wife could recover from child birth related injuries and not to put too much stress on the baby with an intercontinental flight.

--Child Report of Birth Abroad and it's denial--
This is when we decided to start a CRBA application with the local US Consulate. We wanted to get US Citizenship for our child and a US Passport to return home. We did start this process two weeks after she was born, since we figured it would take some time to process. But we weren't prepared for this. To be able to transfer your citizenship your child, you have to

• be a US Citizen
• spent at least 5 years in the US, 2 of which have to be after your 14 birthday
• The child has to be under 18

If the child was born out of wedlock or the US Citizen parent is deceased, or this is for an adopted child there are more restrictions or a total different process. For further information please on the CRBA or the issues mentioned before, please go to your local US Embassy website since our experience is for a biological child born in wedlock.

The CRBA process is also described in numerous forums, so I will keep it short: I had to prove my physical presence in the US. I did spend a lot of time as a child and teenager abroad through my parents work. I brought school records, doctors bills, pay stubs from my parents while employed in the US, business documents of my company, tax returns, my wives green card process which was done in the US(!) - but - all this and much more wasn't enough to satisfy the consular officer. We were dumbstruck by how we were treated and that the amount of evidence didn't accumulate to 5+ years (for them). Our application was denied! If you do this process, be sure to show them at least 10+ years of evidence, since they bump off a certain amount of months for each year.
So what now? My wife and I, legally allowed to live and work in the US, and our 8 week old daughter should stay behind??? I thought I couldn't be the only one in this situation, but after going through google and visa forums I kind of had the feeling we were. But I did find this:

--Greencard for my daughter through my wife--
Ok, so it does happen a lot. People, intentionaly or not, are green card holders and have their children abroad. As described above, in our case this was due to a medical condition. So what now? I did some research and finally contacted Customs And Border Protections (CBP) foreign office at the Embassy. I was lucky to get a quick and competent answer:

• If you are the MOTHER and a green card holder AND
• you have been less than a year abroad (!!! really important !!!)
• and you are taking your baby on the first trip back to the US (!!! also very important, if out of any reason you - the green card holder - already traveled to the US once without your child, this what comes next won't work !!!)

The Embassy/US Consulate issues you a baby transportation letter (it's actually a visa in your baby's foreign passport), also known as "NA-3 (BABY)". We went to the consulate, got the baby transportation letter (took about two hours and can be done on the same day you contact them) and booked a flight for the next week. That was it, and the best part is: Our child AUTOMATICALLY receives a green card upon entering the US. No fees, no wait, no application with USCIS while outside, just automatic. Anyone who dealt with USCIS before knows, things can't be that simple, but in this case its pretty straight forward.

For more information on the Baby Transportation Letter follow this link: http://imgur.com/srhWSt5
To see what a baby transportation letter looks like, click here: http://imgur.com/idQUeWC

Now if you are more than a year abroad, you will basically have to go through the entire green card process for yourself AND your child again. So if you are 360 days outside the US, and you can fly, BUY A TICKET, GET THE TRANSPORTATION LETTER AND GET ON THE PLANE ASAP. Otherwise you might spend weeks, months or even years until you get back and receive another approved green card (+ the $1000's in fees the application will cost you, again). I don't know how DHS determines how long you've been outside for more then a year, but IMHO it's not worth the risk and small children do pretty good on a flight.
Also the transportation letter is confirmation of you being in legal status. So if you're cutting time close, this letter will also be proof that you are eligible to return to the US.



 

Dear Mark 88,

Hi,

I have almost similar situation like you, but FATHER is green card holder and MOTHER is the US citizen.

We went to US consulate in Barcelona and they told us because we can not prove that my wife has lived in the US for 5 years after 14, we can not get US passport for my baby. 

In this case that the Mother is US citizen and father is green cardholder, can I apply for letter of transportation? because you said that only mother can apply?!

The other issue is that for my job interview as university professor I traveled to US three weeks after my baby born !!!??? Obviously mother and baby have been stayed in Spain since the baby born and if they allow us it will be a first trip of mother and baby to the US. 

I would appreciate your help in advance!

If we can not go to the US, I have to forget about my job!

Best regards,

BCN_CAL

No idea. Im surprised you did not use the a# off your visa. But what is done is done.

You need to return before the stamp expires. Preferably before aug 23rd.

Hi,

You are right. Actually, when I did the interview at Madrid (before receiving the visa), they gave me a letter with a# , and they asked me to pay the immigration fee before my departure. I thought it is better to pay for it as soon as possible. Two weeks after that, they sent me back my passport with IV visa and a correct a#.

Thanks,

Bcn-Cal

Fee doesn't need to be paid before POE. Pay however you choose.

Okay I moved your post around so I could understand it to answer you.

You entered originally on 08/24/2014. That means your temporary green card expires 08/23/2015. You need to re-enter the USA before then OR have your green card in hand. If you do not have your green card, or an I-551 stamp, you cannot enter the USA as a green card holder. That doesn't mean you aren't one, but you can't prove it without one of those two items. You should have booked your flight back BEFORE the 23rd of August and I highly suggest that you change your flight if at all possible.

That error on the ELIS website is fairly common.

What is your ELIS say? Accepted? Optimized?

Dear NLR,

Thanks for your answer.

As I understood I have to change my ticket for a date before 08/23/2015, and enter to the USA with my stamped IV visa (temporary green card).

About ELIS, I paid immigration fee almost 5 weeks ago (31st of May) and my status there is ACCEPTED. I am worry that the "double payment" make them confuse.

Thanks again,

bcn-cal

Hi everybody!

I am in absolute trouble with USCIS and my Green Card. Can you please help me......

First some detail about my case:

• IV visa (IR-1) receipt in Madrid: 6 June 2014​
• Immigration Fee payment: 8 June 2014
• I entered USA: 24 August 2014
• Letter from USCIS: 14 Nov 2014 ( the letter said that I have not paid the USCIS Immigration Fee)!!!!!!

• Contacting again USCIS: 18 Dec 2014. We figure out that the A-number that US Embassy gave me after the Interview is different from the A -number in my visa. So in reality I had paid for another person!!! USCIS officer told me that they will send me a solution in 60 days.

• Contacting again USCIS: 20 Feb 2015 Asking again for the solution! (this time they told me they will solve it in 45 days!)

• Contacting again USCIS: 8 April 2015 Asking again for solution! This time they told me they will Solve it 14 days!

• Solution From USCIS : 31 May 2015 Solution after 9 months: We have not received the immigration fee, you have to pay again 165$!!!??
• Paying again for Immigration FEE: 31 May 2015

For this payment I created a new ELIS account and My status at ELIS is ACCEPTED!

Now my question is that: In the ELIS system when I click on "View Messages" part, it is empty and it shows a warning message exactly like this:

"There was a technical problem while handling the request. If you need assistance please contact the USCIS National Customer Service Center at 1-800-375-5283 or 1-800-767-1833 (TDD for the hearing impaired). (Reference ID: 7*****f / (IOE-EWEB-***-****))

But when I come back again! this message disappear!

• Is this message usual or there is problem related to my case? When I contact USCIS the system do not recognize this receipt number, before they automatically connect me to a operator but now the system just hang the phone!???....

• Should I wait till Eight weeks after the payment or I need to contact them again?

• The other issue is that my Immigration Visa is stamped on 24th of August 2014 and now I am in Spain for my PhD thesis and I come back again in 26th of August. I heard that with this stamped visa works like Green Card for one year. What will happen if they do not issue my Green CARD before 24th of August? can I enter USA again?.....

I would appreciate your help in advance.

I just noticed that you said you were going to be there until June. I don't know if you can resolve this from outside the US, but if push comes to shove you may have to travel back because you shouldn't leave that unresolved for that long.

Dear Ian H.

Hi,

Thanks for your reply.

Actually I called to another officer today. We found that the problem is Alien number (A-Number).

She asked me again to read the number and this time again she told me that this is a A number for a female.

I had this A-number from a letter from embassy about how to pay Immigration Fee and how to create ELIS-USCIS account.

Then she asked me to have a look on my IR-1 visa. I had a look on it and the A number was different.

Finally, we figure out that the correct number is on my visa and the Embassy gave me the wrong number.

She told me that she will report to Texas-USCIS center and they will inform me in two week what I have to do.

Hopefully this time they solve the problem.

The point is that you have to always double check every single things! I recommend to other friends to be double check their A-Number before they pay for immigration fee. It should be the same on your visa.

Thanks again for your reply and all the answers.

BCN-CAL

Dear Friends,

Hi,

I have a complicated problem with USCIS. I entered in USA on 26 of August with IR-1 visa and I am waiting to receive my Green Card and SNN.

After one month on 25th of September I have received a letter from the USCIS Texas Office that mention: "Since you have not paid your Immigration Fee we can proceed with your case." While I paid my immigration fee two weeks after the Interview, it means on 8th of June 2014 through USCIS-ELIS account.

As I checked my ELIS account every thing is correct and it shows I have paid for Immigration Fee and the card is produced and it is supposed that I receive the card on 19th of September. I contacted the USCIS customer service two times. First time the operator told me that it is better I wait for one month (till 18th of October) to see that if they can send me the Card or no.

Now I came back to Spain for my thesis defense and packing to go back again to USA and I have to stay here at least till June for final process of my thesis.So I can not go to USCIS office directly in USA.

Last night (on 3th of November) I contacted USCIS customer service again the operator first time gave us a tracking number and we checked that and it was delivered to another address in Texas while my uncle address is in California. Then we contacted again and they transferred the call to a case officer. She was a woman and she asked us about Alien Number and IOE Number, I gave her the Alien number that the embassy provided us when they issued the Immigration Visa. She told me this Alien number and IOE number is for a woman not a man???!!! She said that maybe the embassy maid mistake and gave you incorrect Alien Number. While so far all the documents, names and address related to this number where correct. I mean when they send us the letter and all the documents were with correct name and correct address. She told us it is better we contact the embassy or go to USCIS office?! but now embassy has no document and I do not know if it can help us. On the other hand, I am at the moment in Europe and it would be too expensive to travel again to USA and I do not know how long I have to wait there till they solve this problem. Now my questions are:

• Can I enter USA again with my IV visa or they may make trouble for me?

• Can I solve this problem from distance by sending letter to USCIS ? or I have to go there?

• Can I go to USCIS international office? As I checked in their website US embassy in Italy is responsible about Spanish resident cases?

• If inside of USA they can only solve this problem, can I go to any office of USCIS for example in Boston, or I have to go again to California (where I have my uncle's address)? (Since ticket from here to Boston is cheaper than California)

I would appreciate any comment or suggestion about my problem.

Thanks again guys,

Bcn-Cal

P.S: I am totally disapponited with paper works and public organizations in USA. The did several mistakes in this process...

Dear Hypnos,

Thanks for your detailed answers to my questions.

Actually, once we arrived there we are going to open a bank account. I will also pay the tax return in the due time. And I think a document from my university might be good proof for being away. I hope these documents convince them!!!

However, since this time I stay there for just two weeks, is it possible to attend any bio-metric appointment? Is it possible I get the re-entry permit during my short stay at US?

Thanks again,

BCN-CAL

Dear friends hi,

I received my IV visa last week and we need to plan our trip to USA.

The problem is that I am PhD students in Spain and still one year of my study left.

And If I want to travel for the first time (in this August) I can only stay there for only two weeks.

On the one hand, I want to keep my GC. On the other hand, I want to get my doctorate from Spain before moving to USA and finding job.

Now my questions are:

1. When I entered to the USA, should I stay in USA till I receive my GC? or my uncle can receive it in his mailing address and then post it for me?

( my plan is that to stay in USA just for two weeks)

2. If I come back again to USA after 10-11 months, is studying as PhD researcher a good explanation of being outside of USA for more than 6 months?

i.e do they accept that when I want to reenter again?

3. Is it better to apply for re-entry permit (to be in the safe side)? but I heard that this re-entry permit is for two years, and I will be away just for 1 or maximum 1.5 year from USA.

Please note that:

* I am just student in Spain and I am not citizen of Spain.

* my final destination for living and working is USA, but I want to finish first my study in Spain.

* Next year (2015) I can stay in one university at USA as research stay for at least 3 months.

Thank you in advance if you can help me to answer these questions.

Best,

BCN-CAL

Doesn't matter what you would rather. That fee cannot be paid until the visa is in your hand. When you pay it after that is up to you. Best to pay before entering the USA, but not required. However, no green card will be produced until that fee is paid AND you've entered the USA using the visa.

Thanks for info. If I pay for the green card before entering, does it speed up the green card issuance process?

No problem once you get Visa i believe they will give instructions. You can mosey on over now to the site just to look. You are on my case complete to Interview correct? If not please click on the form in my signature. Thank you.

http://www.uscis.gov/uscis-elis

Yes, you are correct my case is complete.

Thats K1 that refers to. But you do have the $165 Green card production fee you can pay anytime after interview up to one year to get your green card sent.

You paid all Visa fees at NVC so no worries.

Thank you very much dwheels76.

I was in doubt about this issue. I would rather to pay for the green card when it was approved...

Bcn-Cal

Hi everybody,

Next week I have interview in Madrid. When I was checking the consulate review I realized that some people went to the bank to pay the Visa fee.

But as far as I remember I have paid the IV fee before when the case was in NVC.

Is this Visa fee the same as the one I paid before? or it is another thing that I do not know about it?

Actually when the embassy sent me the instruction for interview (Pkt 3), they mentioned about all the required documents but not the payment?!

Or maybe the people who apply for K1 visa need to pay for that?

I am confused....Please let me know If I have to pay for visa in advance.

Thanks for your help,

BCN-CAL

Dear Friends,

Hi,

My interview time is in June and the embassy in Madrid sent me an instruction for Immigration Visa Application (the name of the file is Pkt3!). In this instruction they explained about three steps:

1. Filling DS-260

2. Arranging Medical Examination

3. they exactly mentioned that : "Obtain the following documents on this check list (even if they were previously submitted to DHS/USCIS or NVC) which pertain to you."

It means that I have to obtain 8 documents as the checklist:

1. Copy of Passport,

2. Birth Certificate (copy and original)

3. Mariage certificate (original and copy)

4. police certificate (original and copy)

5. Evidence of financial support

6. Photograph

7. Military record

8. Court and Prison record

I did the first two steps, and I emailed them DS-260 confirmation. But the Third step is really confusing. Because I do not have again original of my marriage certificate, birth certificate and Police Certificates. On the other hand, these documents should be already in my file, as it is sent from NVC.

I just sent them an email to ask them about this problem, but I do not know why they need the original of these documents again.

Please let me know I you had the same problem or exprience.

Thanks

BCN-CAL

No is the answer to all of your questions.

If the embassy has agreed to reschedule your interview and given you confirmation to that effect, then you're ok. I believe once NVC completes it's work and forwards your case, their job is done.

You deal with the embassy/consulate directly going forward. Good luck!

Dear Boggy1974,

Thanks for your answer. So, I just need to arrange every things with embassy.

Hope, they give a new interview time in March or April.

Thanks,

Bcn_Cal

Dear all,

Hi,

Since it was impossible for us to move to USA in next 6 months, I decided to reschedule my interview time from 7th of November 2013 to about April 2014.So, I sent an email to the IV section of US embassy in Madrid to reschedule my interview time because of my engagement in a university project. Yesterday they replied me that it is okay and we canceled you interview time, but we have our interview timetable till end of December 2013 and you should contact us in March 2014 for new interview time.

Now my questions are:

Do I need to inform NVC that I canceled the interview time of 7th of November and I want to postpone it for April?

Does it affect the process of my immigration visa if I postpone my interview time for 6 months ?

Thanks for any help and experience.....

Bcn-CaL

Why don't you just call/email them and ask?

If I could not find anyway, I will contact them to postpone. But first I want to be sure that this is the best option and there are no other ways.

Did you file for adjustment of status while you were in the US, or did file the I-130 while you were in Spain?

We are now both in Spain and we filed I-130 in Spain.

I say reschedule the interview, 7 months forward from the given interview date.

Dear Darnell,

Thanks for your reply.

I think also it is better to reschedule the interview time. But I do not know if we can postpone it for 6-7 months?!

It would be great if you can help us to make our decision.

Regards,

Bcn-Cal

Is it correct, that you are doing DCF in Spain? In this case you will travel to the US with a CR/IR-1 visa. For what would you need a reentry permit, since you alreday completed the green card process?

Dear Mark88,

Thanks for your answer.

Unfortunately DCF is not available any more in Spain. They canceled DCF in Spain two years ago. I sent all the documents to Chicago lock box.

Now, we have to go to US and there we can get the green card, then we need to apply for reentry permit. I do not know if we can do both things ( green card +reentry permit) at the same time? and we can stay there only for one month during Christmas holiday..!!!

It would be great if you can help....

Thanks

Bcn-Cal

Hi all!

My husband and I are in a difficult predicament. When we began the immigration process, we were planning to move to the States. We received a checklist in July asking for AOS (joint-sponsor) documents, and around that time my husband got PhD scholarship for two years in Spain and we decided we had to postpone our move to the States until next August (Because the university also pay for 3-6 months research stay in USA). Since the paperwork says that you have up to a year before the application expires, we planned on submitting the required documents next March or April so that the visa could (hopefully) be granted in June for our trip in next August. But then a few weeks ago we received notice that our interview was scheduled for 7th of November! (The AOS from Joint sponsor states need to be presented at the time of the interview.)

Now we don't know what to do. What happens if we keep the interview and the visa is granted? From what I've read, my husband has 6 months to enter the States. We were planning to go to the States at next August when is summer vacation here and he does not need to get leave from his university so that would not be a problem. Now we have 4 options:

1. Go for interview in November, take the Christmas holiday in US for about one month, get the reentry permit during our one month stay in USA, and come back again?(but I am not sure If it is possible to get the reentry permit in 1 month?)

2. The second option is to postpone the interview till March or April, then we have 6 months to enter US, and we can arrange our trip for when we have summer holiday in Spain (August)? ( but I do not know if we can postpone the interview for about 6 months)

3. The third option is the most expensive one, I go for interview, get the visa, go to US for Christmas holiday, (in case that I could not get reentry permit), visit USA every year? every travel and stay there costs about 3000 Euros! and we are student here...

4. The last option is going for interview, getting the green card in January, and then coming back to Spain till end of his study. Then apply again for Returning Resident Visa (SB-1)?

Which option is better and more realistic?

Does anyone know if the interview can be postponed for 6 months?

Thank you very much if you can help me.... it is hard decision.

BCN-CAL