jan22

The State Department says that divorce decrees are attainable from Cambodia, that there are no alternative documents, and no exceptions.
 
https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Cambodia.html

Maybe the information on how to obtain the document will help you.  Good luck!

Thanks for the vote of confidence, but this is not exactly within my area of expertise, as it involves the USCIS side of the process.
 
IF the I-751 was filed, earlier posts on the procedures to obtain a boarding foil are, to my knowledge, the best way to proceed if the plan is to fly from Japan into the US.  If it was NOT filed, I will leave it to others to assist, as anything I said would be pure speculation and not necessarily helpful or accurate!

I’m late coming into this thread as I don’t read this forum often, but am responding, in case the OP or others in similar situations need the information.
 
The OP indicated the possibilities of an ineligibility and, in a prior post mentioned jail time and a +1 year overstay because of it, despite a request to be removed prior to the overstay reaching one year.  
 
I am not sure why the consular officer said it wasn’t administrative process (because it is — maybe just didn’t want you to think it was the “normal” security related issues or it didn’t fit any of the check boxes on the form?).  When she referred to sending it for the lawyer to look at, what she almost assuredly was referring to was having the case reviewed by the lawyers in the Bureau of Consular Affairs and getting an advisory opinion on whether there is one or more ineligibilities in your case.  The officer (and likely her supervisor) want to make sure they get it right and that they are applying the law(s) correctly.  
 
Having this opinion up-front will allow the officer to approve the case if there are no ineligibilities, with confidence that the questions will likely not arise with USCIS at the Port of Entry, as there will be notes about the finding in the consular system.  And, if there are ineligibilities, it will allow her to inform you about any way available to move your case forward (waiver, waiting out the overstay ban, etc).
 

Thanks for the vote of confidence, but this is not exactly within my area of expertise, as it involves the USCIS side of the process.
 
IF the I-751 was filed, earlier posts on the procedures to obtain a boarding foil are, to my knowledge, the best way to proceed if the plan is to fly from Japan into the US.  If it was NOT filed, I will leave it to others to assist, as anything I said would be pure speculation and not necessarily helpful or accurate!

It is unlikely that a C1 would be issued when it is not the usual, logical flight pattern to get from Point A to Point B.  As others have said, since the requirements are exactly the same for a C1 and a B1/B2 visa, it makes no sense from a consular officer's viewpoint. Since the starting point for either visa adjudication is the assumption that the applicant intends to go to the US and stay, they need to not only be convinced that there are strong reasons to leave the US (and, no -- onward tickets are not a strong reason), but also that a transit visa is needed for the travel itinerary.  Since there are, clearly, several routes from Cali to Puerto Vallarta that do not require transiting the US, it will be difficult to justify why one is needed.
 
This can also appear to be an attempt to "game the system" and using a C1 appointment -- which is much quicker to get since they are usually needed/used by crew members to get to their immediate assignment -- to get into the US quickly and avoid the long wait for a B visa interview. 
 
 

There will be no CO or interview at the Embassy.  She will be traveling under VWP, assuming it is approved.  Embassy has nothing to do with it.

There will be no CO or interview at the Embassy.  She will be traveling under VWP, assuming it is approved.  Embassy has nothing to do with it.

I'm coming into this discussion late, but have read the entire thread carefully.  At the risk of repeating what others have already said and of being thought to be negative in my response, I would like to review and perhaps clarify a couple of points from immigration's point of view..
 
"They" are not saying she was already legally married to another person -- SHE said in 2018 and 2019, under penalty of perjury, that she was married to Mr. B. USCIS is informing you that the earlier marriage was unknown at the time the I-130 was approved and are now giving you the opportunity to show the legal termination of that marriage.   In order to move forward, you must show how that previous marriage ended so she was free to marry you.
 
While an agent filling out the 2018 form might lead to credible deniability of the misrepresentation on her part, the fact that she repeated this on the 2019 application and added to it by saying her husband was going to pay for her studies, demolishes the idea of her being a vIctim of an agent's "mistake". It also makes any claims she makes now suspect; they likely will not be deemed credible. (The old lawyer's trick question of, "Were you lying then or are you lying now?" comes to mind.)
 
Relying on the idea that the current marriage is legally recognized in Rwanda and, therefore, must be accepted as valid by USCIS would mean that if you successfully commit fraud or misrepresentation on your own government (not saying this is the case here, just as illustration), it cannot ever be questioned by US immigration. As others have said, Rwanda can only record marriages legally performed in Rwanda. The Rwandan government cannot know, unless otherwIse reported to them, legal marriages solemnized elsewhere. USCIS will, in fact, recognize your marriage in Rwanda once you document the legal termination of the previously claimed marriage. The US government does not have to prove the first-claimed marriage actually occurred; rather, you have to prove it was legally ended. Proving it never occurred anywhere in the world is a pretty big hurdle.
 
Hope you get things worked out.

The biometrics (photo and fingerprints) must be done at tbe ASC prior to the visa interview.

He will need to apply all over again -- no way it can just be replaced.  The Embassy/Consulate will have a record of his card, so a copy will likely not be necessary.

They do, in fact, have to give a reason by citing the section of law under which the visa is being denied (e.g., 214(b) of the INA).  This does not nean, however, that citing the law section is something that the applicant will understand is the reason for denial, or understand what the section of the law even means, or -- even more likely in the case of 214(b) -- agree with. So, from a practical standpoint, people don't believe they were give a credible reason for the denial.

The first step in scheduling an expedited visa appointment, which I believe you have already done for the brother, is scheduling a regular appointment. The steps after that are outlined on the embassy's website at https://www.ustraveldocs.com/do/en/expedited-appointment/ .  They list recommended documentation for a medical emergency appointment, but what you will need to submit will be slightly different.  You will need to, of course, document the seriousness of your husband's condition including the very short timeline that you are facing. The other difference will be the documentation of paymment of the medical expenses. You will not need to document how all of the medical bills for your husband will be paid.  Rather, you will document how the payment for the visa applicant's (his brother or whoever is applying for the visa) part in the process will be paid, i.e., how the testing and surgery for that individual will be paid by your husband's insurance.  It would also be good to provide a little documentation or description of searches that have been done to find a donor already in the US.
 
The Embassy will also likely want some documentation of the probability that the person seeking the visa will, in fact, be a match. They are not likely to approve a series of expedited appointments for various family members to find a match, for example.   I would urge you to investigate all possibilities of getting testing done prior to the visa application to ensure there is the highest probability that a match will be possible.  There might be more possibilities for testing in the DR then you're aware of, or there might be a way to get the samples to be tested drawn in the DR and sent to the US for testing. The medical offices dealing with International Services should certainly be able to help you with that information.
 
I'm sorry you and your family are going through this and wish you the best.

They do, in fact, have to give a reason by citing the section of law under which the visa is being denied (e.g., 214(b) of the INA).  This does not nean, however, that citing the law section is something that the applicant will understand is the reason for denial, or understand what the section of the law even means, or -- even more likely in the case of 214(b) -- agree with. So, from a practical standpoint, people don't believe they were give a credible reason for the denial.

The biometrics (photo and fingerprints) must be done at tbe ASC prior to the visa interview.

Note:  There is no student visa available for an elementary-aged student to attend a public school in the US.
 
So, you would have to enter as a visitor and lie about the purpose of your child's visit (i.e., it is not to visit, it is to attend school).  If you tell the truth, entry will be denied.  Don't chance messing up your K1/K2 process for a few months of basic elementary schooling.

Note:  There is no student visa available for an elementary-aged student to attend a public school in the US.
 
So, you would have to enter as a visitor and lie about the purpose of your child's visit (i.e., it is not to visit, it is to attend school).  If you tell the truth, entry will be denied.  Don't chance messing up your K1/K2 process for a few months of basic elementary schooling.

Note:  There is no student visa available for an elementary-aged student to attend a public school in the US.
 
So, you would have to enter as a visitor and lie about the purpose of your child's visit (i.e., it is not to visit, it is to attend school).  If you tell the truth, entry will be denied.  Don't chance messing up your K1/K2 process for a few months of basic elementary schooling.

Note:  There is no student visa available for an elementary-aged student to attend a public school in the US.
 
So, you would have to enter as a visitor and lie about the purpose of your child's visit (i.e., it is not to visit, it is to attend school).  If you tell the truth, entry will be denied.  Don't chance messing up your K1/K2 process for a few months of basic elementary schooling.

Note:  There is no student visa available for an elementary-aged student to attend a public school in the US.
 
So, you would have to enter as a visitor and lie about the purpose of your child's visit (i.e., it is not to visit, it is to attend school).  If you tell the truth, entry will be denied.  Don't chance messing up your K1/K2 process for a few months of basic elementary schooling.

It is unlikely that a C1 would be issued when it is not the usual, logical flight pattern to get from Point A to Point B.  As others have said, since the requirements are exactly the same for a C1 and a B1/B2 visa, it makes no sense from a consular officer's viewpoint. Since the starting point for either visa adjudication is the assumption that the applicant intends to go to the US and stay, they need to not only be convinced that there are strong reasons to leave the US (and, no -- onward tickets are not a strong reason), but also that a transit visa is needed for the travel itinerary.  Since there are, clearly, several routes from Cali to Puerto Vallarta that do not require transiting the US, it will be difficult to justify why one is needed.
 
This can also appear to be an attempt to "game the system" and using a C1 appointment -- which is much quicker to get since they are usually needed/used by crew members to get to their immediate assignment -- to get into the US quickly and avoid the long wait for a B visa interview. 
 
 

You can travel with the visa as issued. Just take the information with the original dates and the updated schedule change information to show it us the same training and the presenters changed the date -- so date change was outside your control.

There is never a guarantee of entry into the US. But, in your case, the probability of being admitted is the same whether you travel in April or May. It is highly unlikey the the Embassy will spend the time and resources to reissue a 1-entry visa that is still valid for travel as-is.

Personally, I would apply for ESTA first. If it's approved, no need to worry about anything else.  If there was an overstay -- hard to tell with a student visa when someone is admitted for "Duration of Status" (D/S) -- it was overcome by the issuance of the Green Card. You might be approved more eaidly be approved for ESTA than a visa.

There is something more to this. If I understood what the OP has said, he entered the US with a visa issued in 2014 and, while in the US, he used the opportunity to enter Canada illegally where he then claimed asylum.  Subsequently, he applied for a new US visa in Canada  2018.  (He has not responded to questions about his previous nationality, but there is a good possibility that the 2014 visa was still valid -- many are issued for 5 or 10 years -- so why apply in 2018?) 
 
He then seems to say, if I understood, that the visa was denied under 6C1 for his illegal entry into Canada from the US.  That makes no sense and is not a reason for a visa denial under 6C1 -- the US does not make that finding based on violation of another country's immigration laws. (NOTE: It would make sense if the ineligibility finding was 212(a)(6)(C)(ii) aka 6C2 -- false claim to US citizenship when he entered Canada).
 
So, there are still some holes in the story.  And, BTW, there is no way the interviewing officer "...threw my passport back at me..." -- not possible to do through a hardline interview window!

He is probably referring to a visa common in parts of Europe and former colonies also referred to as a "gap year" visa. The US has no equivalent.
 
The length of the program does not control when a student visa is required.  A course that Iasts only a few weeks can require a student visa. It all depends on the couse structure and the outcome upon successful completion of it.  More importantly, I'm sure your school has clear procedures/requirements for foreign student admittance-- if it has I-120 issuing authority granted by DHS, which it must if it has foreign students.  Those procedures should be clearly communicated to him and followed, regardless of what he or anyone else tells you or asks you to do.