rafcrown: Sir, How can a British Passport holder work legally in the USA?

Greetings! The U.S. Visa Waiver Program (VWP) allows most British Citizen passport holders to visit the U.S. for up to 90 days. The types of journey that are permissible under the VWP include tourism, certain types of business visit, and transit to another country. If you have a British passport that describes your nationality as something other than "British Citizen," you will need to get a visa.

That said, if you intend to work in the U.S., you will likely need a visa. The type of visa depends on the type of work you plan to do. To decide which applies to you, you should visit http://travel.state.gov/visa/temp/types/types_1275.html and read the information there.

VisaOfficer
And you got both! The professional advice is there and the personal opinion is clearly marked.

Here is just the professional advice:

1. Yes, you will have to wait. Your age at the time your father filed for his green card does not matter; what matters is your age at the time he actually files a petition for you.
2. There ARE different visa categories for married and unmarried children. However, I would strongly advise you NOT to remain unmarried just because you don't want to wait a little longer for a visa.
3. You ask, "If my dad petition for us how long will it take before we can be given visa." It depends on your visa category and the date your father files the petitions.
Please can we still be recognised as unmarried children and under which category do we fall into in family based immigration. I checked august visa bulletin and they marked some categories as current e.g f2b. Thanks a million for giving us this wonderful information

Hi, I also have a question about a non-immigrant issue. In 2011, I applied for and got a visiting visa. I told the consular officer I was not pregnant though I was in my first trimester. The reason was because I was afraid we would be refused as I and my husband had been refused in the previous year and I'd had two miscarriages prior to this pregnancy. I didn't want to get refused on a pregnancy that might not have come to term. When I eventually travelled to have the baby, I was not allowed entry and was removed immediately. The forms I was given said I was in admissible under sections 212(a)6(c)(i) and 7(a)(i). The consular officer that eventually took my case advised I file for a waiver when I got back and said he'd put in a good word in his report. I was given a 5 year ban. Please what are my options for resolving this issue? Can I get a waiver of in admissibility or should I just wait out the 5 years?

Subsequently I have travelled to the UK and Canada. When applying for both visas I explained my situation with the US and was given the visas both times. I have a good job. I work in a multinational and I am comfortable.

Pls I need your advice.
My friend's husband was once married to someone in 2004 whose birthdate was in 1978. They separated one month later becos the girl was caught with charm meant for the husband but they were not officially divorced. They've both moved on with their lives both married with kids. He got married to my friend in 2007 but prior to this time, he has travelled to several countries and have applied for visas with the marriage certificate.
Her husband told my friend to use the name and birthdate in the marriage certificate for her passport and visa applications becos he felt it was the best thing to do since he had other visas with that name as his wife. In 2009 my friend applied for a visit visa to the US but was denied. My friend's actual birth year was 1985 and she looks younger than this age even with three kids. She wants to get a new passport with her real age and real name. She feels guilty each time she sees the passport and have not used it because of guilt.
What will be the best way to correct this? What will you advice her to do?
The husband may not agree to get a divorce on the previous marriage becos of his travelling documents but if he does, will sending the divorce letter, photocopy of her new passport and a detailed letter of explanation help correct this. She doesn't mind being denied a visa but wants to set her record straight.
Pls note that the first marriage was a court wedding while the second was a church wedding.
Thank you.

Hi VisaOfficer,

I have some quick questions regarding a 'virgin' passport that has previously been denied a visiting visa. It is virgin because it contains no visas, but has a UK denial stamp, and the US has denied too.

1) What are considered a change in circumstance? Could this be a promotion at work, and a salary increase?
2) Is having a relative really a negative stance on an application?
3) Do Visa Officers call relative to confirm at all to at least know the real intentions of the applicants?
4) Do Visa Officers call employers of applicant to confirm the status?
5) If this applicant got a different country's visa on his passport without actually using it, would it help?

I wish they would ask more questions on the DS-160, and not deny depending on moods... really..

Thank you so much in advance..

Thank you so much for your response,in respect to the C1/D Visa enquiry I made. However , I do not intend to transit , though a C1/D Visa could also be used for transit purposes . I need the C1/D Visa for the purpose of JOINING a yatch/crew/seaman function on board a sea going vessel , my question now is to obtain such Visa, will I apply for an immigrant Visa, or obtain an employment letter from a US Vessel, or simply apply for a work permit? or get in via a tourist visa, and the company changes my status for me .

VisaOfficer:

Greetings!

First: You already booked a flight for August 10?!? Judging just from what you've written, you sound like a good candidate, but I don't know if it's possible to print a visa that fast!

For student visas, my sense is that we're interested in whether what you want to study makes sense or not. When someone shows up who has never passed a math or science course in high school and she tells us that she wants to go to medical school, that's when we're like, "This is an intending immigrant." Or: people who tell us they want to go to Indiana University because they want to live near the ocean (there's no ocean in Indiana). But when people tell us things that make sense, and can explain how they'll pay for school, well, we like it when people choose to study in the United States.

And now I am nervous on your behalf! I know Monday will be a big day for you! Good luck, and please come back and let us know how it went.

Sorry I didn't post this earlier. Visa interview went great and I had my visa approved. Can't get it until Monday because of the public holidays unfortunately so I have to re-book my flight for next week but that's alright.
As for the interview, it went quite well. As long as you're prepared with documents, honest and clear with your plans, you have nothing to fear. It was quite unfortunate seeing some grown mens' voices nervously shaking when answering basic questions. Just smile, be calm, confident and honest (I mean I heard someone say he was earning 1.5 million naira a month solely from being in a church choir. Don't know how true that is but it sounds dodgy at best. Don't know if that was the reason why, but he was denied a visa.)
As far as I saw, the officers were quite friendly and willing to listen, so you could take your time to answer questions properly. Good luck to everyone else, and thanks for the help VO.

Hello VO,

Thanks for your good work so far. I guess today is your final day here. But before you go, kindly look into this case.

Am going for a student visa interview again soon. I've been denied once and I dont want that to happen again!

Anyway, I came across someone's experience that baffles me! Though he was given a sensible reason by the VO for his denial which doesnt relate to home ties but he was still issued a letter of the Section 214(b)! Am still wondering what kind of case is that! Please I'll be glad for you to explain this case. Here's the person's experience below


Me: Good Day Ma.
VO: Good Day Son.
Me: How are you doing.
Vo: I'm wonderful. You Williams right?
Me: Yes.
VO: Woow! You're s☺ tall, you like Michael Jordan, you play basketball.
Me: Yes Ma.
VO: What School are you applying to?
Me: Purdue Unoversity Calumet.
VO: Where's it located in the Us?
Me: Hammond, a city Northwest of Indiana state.
VO: Great... Like how cold is your school?
Me: during Winter is very cold, Temp vary from -1c to -10c.
VO: Woow! Seems you really know this school that much, How did you know about the school?
Me: My course Advicer was an alumni of the school and he told me much about the school how friendly and willing the professors are and it has a good curriculum and security system.
VO: Go on.... (She keeps typing)
Me: I checked it out on Usnews it was ranked highest in midwest regional universities.
VO: Great. S☺ when did you finish your secondary school.
Me: 2005.
VO: What have you been doing then?
Me: I did my undergraduate program in Mech Eng at Federal University Of Technology Owerri.
VO: When did you finish?
Me: 2011.
VO: What have you been doing since then.
Me: I did my nysc last year which I finished early this year.
VO: Have you traveled before?
Me: Yes Ma. To Ghana.
VO: Purpose Of your trip?
Me: Went to visit my Aunt.
VO: How is she?
Me: She's doing great.
VO: Who is sponsoring You?
Me: My Uncle.
VO: What does he do for a living& what's his salary like?
Me: He owns a construction company and not placed on salary because he is the CEO.
VO: Why is he sponsoring You?
Me: Right from my childhood I've been his favourite nephew, and he keeps telling my parents that he'll sponsor me through any education level to make sure I own a company like his.
VO: Yeah! Go on... (She keeps typing)
Me: He also contributed to 80% of my fees for both my secondary and tertiary education.
VO: This your uncle really loves you, Can I see his statement?
Me: passed it to her. She looks through the final balance.. Screams woow! Really huge amount.
VO: what is his construction company into?
Me: construction of oil tankers for mobil, oando, agip, ap, Total and s☺ on.
VO: She took my passport and was about to say those magical words and suddenly she screamed woooooooooooooooow! You I-20 reads resumption date of 12th August and it says not later than that date. I intend issuing you a visa by then, s☺ I can't. You have to tell the school to write to us for an extension.
Me: I was shocked couldn't talk again.
VO: Don't worry son, its for your own good. You may be deported at the Us airport for this, s☺ which is wise? Re applying or deporting?
Me: Still shocked as she handed me those papers. #sad faced#...

QUESTION?
...on a second thought. Did she really deny you? Did she hand you the denial paper?

ANSWER:
I have the paper here written "Dear applicant this is to inform you that you hve been found ineligible for a non immigrant visa under section 214(b) bla bla bla.....

@Justwise; I am really shocked you hid my post, you could have edited it if it was too direct...
I really wanted the Visa officer to answer that question.

goldentie4real:
Please can we still be recognised as unmarried children and under which category do we fall into in family based immigration. I checked august visa bulletin and they marked some categories as current e.g f2b. Thanks a million for giving us this wonderful information

You can still be recognized as unmarried children if you are not legally married. If your father is an American citizen, that makes you eligible for the F1 category (now that you're over 21). If your father is still an LPR and has not yet naturalized, you would be eligible as F2Bs.

Enquirer21: Hi, I also have a question about a non-immigrant issue. In 2011, I applied for and got a visiting visa. I told the consular officer I was not pregnant though I was in my first trimester. The reason was because I was afraid we would be refused as I and my husband had been refused in the previous year and I'd had two miscarriages prior to this pregnancy. I didn't want to get refused on a pregnancy that might not have come to term. When I eventually travelled to have the baby, I was not allowed entry and was removed immediately. The forms I was given said I was in admissible under sections 212(a)6(c)(i) and 7(a)(i). The consular officer that eventually took my case advised I file for a waiver when I got back and said he'd put in a good word in his report. I was given a 5 year ban. Please what are my options for resolving this issue? Can I get a waiver of in admissibility or should I just wait out the 5 years?

Subsequently I have travelled to the UK and Canada. When applying for both visas I explained my situation with the US and was given the visas both times. I have a good job. I work in a multinational and I am comfortable.

Greetings! You can certainly apply for a waiver of inadmissability (see www.uscis.gov/i-601‎ ). If for some reason it's not approved, then you can wait out the five-year ban. It's going to be a bit complicated and inconvenient, but given your travel and work history, I believe that eventually you'll be successful in obtaining a US visa.

Uredaddy: Pls I need your advice.
My friend's husband was once married to someone in 2004 whose birthdate was in 1978. They separated one month later becos the girl was caught with charm meant for the husband but they were not officially divorced. They've both moved on with their lives both married with kids. He got married to my friend in 2007 but prior to this time, he has travelled to several countries and have applied for visas with the marriage certificate.
Her husband told my friend to use the name and birthdate in the marriage certificate for her passport and visa applications becos he felt it was the best thing to do since he had other visas with that name as his wife. In 2009 my friend applied for a visit visa to the US but was denied. My friend's actual birth year was 1985 and she looks younger than this age even with three kids. She wants to get a new passport with her real age and real name. She feels guilty each time she sees the passport and have not used it because of guilt.
What will be the best way to correct this? What will you advice her to do?
The husband may not agree to get a divorce on the previous marriage becos of his travelling documents but if he does, will sending the divorce letter, photocopy of her new passport and a detailed letter of explanation help correct this. She doesn't mind being denied a visa but wants to set her record straight.
Pls note that the first marriage was a court wedding while the second was a church wedding.
Thank you.

Greetings! Let me make sure I'm understanding this correctly. There seem to be two issues. One, your friend married her new husband although she was not legally duvorced from her first husband, and two, she has a passport with a false name and date of birth that she has used before (so it's in our system, associated with her name and fingerprints). Is that right?

If the visa she's applying for doesn't have anything to do with her marital status -- if she just wants to be a tourist -- we're not going to want to verify her current marriage. That would only be an issue if someone was petitioning for her as a spouse.

Name and date of birth... Once again, I think she should just be totally honest with the visa officer. It's only going to be an issue if she tries to hide it. We only care about misrepresentation if it's material misrepresentation, that is, if the lie would have led us to make to a different visa decision. From what you've written it doesn't sound like the misrepresentation was material. So if she comes in and says "This is what happened," and is up front about it, most officers will give her the benefit of the doubt. On the other hand, if she tries to hide it, we'll see the record in our computer system and wonder what else she's not being truthful about. Truth is always the best policy.

lakayanababy: Hi VisaOfficer,

I have some quick questions regarding a 'virgin' passport that has previously been denied a visiting visa. It is virgin because it contains no visas, but has a UK denial stamp, and the US has denied too.

1) What are considered a change in circumstance? Could this be a promotion at work, and a salary increase?
2) Is having a relative really a negative stance on an application?
3) Do Visa Officers call relative to confirm at all to at least know the real intentions of the applicants?
4) Do Visa Officers call employers of applicant to confirm the status?
5) If this applicant got a different country's visa on his passport without actually using it, would it help?

I wish they would ask more questions on the DS-160, and not deny depending on moods... really..

Thank you so much in advance..

Greetings!

1) What are considered a change in circumstance? Could this be a promotion at work, and a salary increase? These would count, yes. They might not outweigh other factors involved, though -- I really can't say without actually interviewing you.
2) Is having a relative really a negative stance on an application? The truth is it's kind of neutral. On one hand, if it's not a parent, sibling, spouse, or child, then the relative can't file an immigrant petition for you, so maybe that's a negative; you might be using the tourist visa as a shortcut to immigration. On the other hand, if you don't have a parent, sibling, spouse, or child in the US, your ties aren't as strong to the US and you'll probably go back to your home country. In my opinion it's only bad when someone who listed a spouse or parent in the U.S. on past applications shows up for a new interview and tells me s/he has no family there at all. That's when I think, "Why does this person not want me to know? I bet s/he's going to overstay."
3) Do Visa Officers call relative to confirm at all to at least know the real intentions of the applicants? Sometimes, if our suspicions are awakened.
4) Do Visa Officers call employers of applicant to confirm the status? Sometimes, if our suspicions are awakened.
5) If this applicant got a different country's visa on his passport without actually using it, would it help? Again, there are so many factors involved, it's hard to say. A good travel history helps. It really depends on the whole picture.

I hope this helps!

ola2tu: Thank you so much for your response,in respect to the C1/D Visa enquiry I made. However , I do not intend to transit , though a C1/D Visa could also be used for transit purposes . I need the C1/D Visa for the purpose of JOINING a yatch/crew/seaman function on board a sea going vessel , my question now is to obtain such Visa, will I apply for an immigrant Visa, or obtain an employment letter from a US Vessel, or simply apply for a work permit? or get in via a tourist visa, and the company changes my status for me .

Hmm, I don't know! Let me ask a colleague again. We're closed for Eid, though, so it may take a few days to get an answer. (Eid Mubarak, everyone!)

GreenSage:

Sorry I didn't post this earlier. Visa interview went great and I had my visa approved. Can't get it until Monday because of the public holidays unfortunately so I have to re-book my flight for next week but that's alright.
As for the interview, it went quite well. As long as you're prepared with documents, honest and clear with your plans, you have nothing to fear. It was quite unfortunate seeing some grown mens' voices nervously shaking when answering basic questions. Just smile, be calm, confident and honest (I mean I heard someone say he was earning 1.5 million naira a month solely from being in a church choir. Don't know how true that is but it sounds dodgy at best. Don't know if that was the reason why, but he was denied a visa.)
As far as I saw, the officers were quite friendly and willing to listen, so you could take your time to answer questions properly. Good luck to everyone else, and thanks for the help VO.

Hurray! Congratulations! Enjoy your studies!

omg_star: Hello VO,

Thanks for your good work so far. I guess today is your final day here. But before you go, kindly look into this case.

Am going for a student visa interview again soon. I've been denied once and I dont want that to happen again!

Anyway, I came across someone's experience that baffles me! Though he was given a sensible reason by the VO for his denial which doesnt relate to home ties but he was still issued a letter of the Section 214(b)! Am still wondering what kind of case is that! Please I'll be glad for you to explain this case. Here's the person's experience below

.....VO: She took my passport and was about to say those magical words and suddenly she screamed woooooooooooooooow! You I-20 reads resumption date of 12th August and it says not later than that date. I intend issuing you a visa by then, s☺ I can't. You have to tell the school to write to us for an extension.
Me: I was shocked couldn't talk again.
VO: Don't worry son, its for your own good. You may be deported at the Us airport for this, s☺ which is wise? Re applying or deporting?
Me: Still shocked as she handed me those papers. #sad faced#...

QUESTION?
...on a second thought. Did she really deny you? Did she hand you the denial paper?

ANSWER:
I have the paper here written "Dear applicant this is to inform you that you hve been found ineligible for a non immigrant visa under section 214(b) bla bla bla.....

Greetings! First off, I talked to my superior officers, and they agreed to let me keep on here through Sept. 30 at least. This is a very useful discussion for us -- it's helping us do a better job! So thank you all.

Secondly, I'm afraid I'm not very familiar with the non-immigrant visa (NIV) process. It seems pretty clear that the person was not eligible for a visa at that time because the I-20 wasn't valid, so the visa application was denied. BUT, a 214(b) refusal is NOT a permanent ban, and it won't be prejudicial to the person if s/he shows up again with a valid I-20. Because I'm not familiar with NIV, I'm not sure what other refusal code might have been appropriate there. It does seem to me that 214(b) is an appropriate code. It's not just for intending immigrants -- it's for anyone who the officer determines wouldn't be traveling for the exact purposes of the visa category applied for. So a student who was applying for a student visa but who didn't have a valid I-20 -- the more I write, the more I can understand why 214(b) was applied. Again, the good news is that it's not a permanent ineligibility and shouldn't be a problem if the person gets a valid I-20. Hope this helps.

optimus-prime1:
@Justwise; I am really shocked you hid my post, you could have edited it if it was too direct...
I really wanted the Visa officer to answer that question.

Please leave this thread strictly for VisaOffice to answer visa related inquires as the title indicates, this is not a thread to air your views/complain about how US embassy treat visa applicants, if you want to do that then start a Separate thread and discus that.

[quote author=VisaOfficer]
Greetings!

1) What are considered a change in circumstance? Could this be a promotion at work, and a salary increase? These would count, yes. They might not outweigh other factors involved, though -- I really can't say without actually interviewing you.
2) Is having a relative really a negative stance on an application? The truth is it's kind of neutral. On one hand, if it's not a parent, sibling, spouse, or child, then the relative can't file an immigrant petition for you, so maybe that's a negative; you might be using the tourist visa as a shortcut to immigration. On the other hand, if you don't have a parent, sibling, spouse, or child in the US, your ties aren't as strong to the US and you'll probably go back to your home country. In my opinion it's only bad when someone who listed a spouse or parent in the U.S. on past applications shows up for a new interview and tells me s/he has no family there at all. That's when I think, "Why does this person not want me to know? I bet s/he's going to overstay."
3) Do Visa Officers call relative to confirm at all to at least know the real intentions of the applicants? Sometimes, if our suspicions are awakened.
4) Do Visa Officers call employers of applicant to confirm the status? Sometimes, if our suspicions are awakened.
5) If this applicant got a different country's visa on his passport without actually using it, would it help? Again, there are so many factors involved, it's hard to say. A good travel history helps. It really depends on the whole picture.

I hope this helps!
[/quot

Thank you VO. You are amazing. Narrowing in on number (2) which you explained so well - I am married to a Green card holder who is about filing for US citizenship, and until mine (green card) is processed, I visit in and out. At 1 time I was visiting, my brother applied to visit and he was truthful about having relatives here - me (niv) and my spouse. He was ultimately denied. Now he has a job promotion and a pay raise, which has been the significant change since he applied.

Can he apply again in the future and not mention me (assuming I'm around at the time - I visit in and out from the UK), because that might have been a reason; and maybe only mention my spouse who would be inviting him but cannot file a green card for him. Can him having a serious girlfriend be taken seriously as he isn't married? Our folks are not in the US. He genuinely only wants to just visit and first time put family visit. Maybe next should be vacation and family visit?




Thank you again. And forgive my rambling

igbankebabe: Thank you VO. You are amazing. Narrowing in on number (2) which you explained so well - I am married to a Green card holder who is about filing for US citizenship, and until mine (green card) is processed, I visit in and out. At 1 time I was visiting, my brother applied to visit and he was truthful about having relatives here - me (niv) and my spouse. He was ultimately denied. Now he has a job promotion and a pay raise, which has been the significant change since he applied.

Can he apply again in the future and not mention me (assuming I'm around at the time - I visit in and out from the UK), because that might have been a reason; and maybe only mention my spouse who would be inviting him but cannot file a green card for him. Can him having a serious girlfriend be taken seriously as he isn't married? Our folks are not in the US. He genuinely only wants to just visit and first time put family visit. Maybe next should be vacation and family visit?

Thank you again. And forgive my rambling

Ramble any time! Hmm, based on the information you provide, it's all going to depend on your brother's presentation during the interview. He has parents and a girlfriend to come home to, and a good job with a recent promotion. On the other hand, he has a (recent?) visa denial and LPR relatives who can't file an immigration petition on his behalf. It really could go either way. I'm sorry I can't be more concrete but this really is one of those borderline cases. If I were your brother, I'd make a point of saying "I JUST GOT PROMOTED!" as soon as possible during the interview... but it's a borderline case, I'm afraid. Best of luck to him.

justwise:

Please leave this thread strictly for VisaOffice to answer visa related inquires as the title indicates, this is not a thread to air your views/complain about how US embassy treat visa applicants, if you want to do that then start a Separate thread and discus that.

Thanks, Justwise! I'm curious to see what complaints people have (as a manager, I'm interested in providing good customer service), but I agree with you that this thread should be kept on-topic. There are only so many hours in the day.

VisaOfficer:

Ramble any time! Hmm, based on the information you provide, it's all going to depend on your brother's presentation during the interview. He has parents and a girlfriend to come home to, and a good job with a recent promotion. On the other hand, he has a (recent?) visa denial and LPR relatives who can't file an immigration petition on his behalf. It really could go either way. I'm sorry I can't be more concrete but this really is one of those borderline cases. If I were your brother, I'd make a point of saying "I JUST GOT PROMOTED!" as soon as possible during the interview... but it's a borderline case, I'm afraid. Best of luck to him.

Thank you! The denial was about 6 months ago. I will give him the heads up about screaming out the recent promotion.

Would it be a good thing if he kept me out of the picture for now and only mentions my spouse incase I'm in the US when he applies again?

If asked about his sibling who was there the last time?

What do you think? Thank you so much. God bless you

igbankebabe:


Thank you! The denial was about 6 months ago. I will give him the heads up about screaming out the recent promotion.

Would it be a good thing if he kept me out of the picture for now and only mentions my spouse incase I'm in the US when he applies again?

If asked about his sibling who was there the last time?

What do you think? Thank you so much. God bless you

I think he should be upfront about his LPR sister... maybe explain that you spend a lot of time in the UK as well as in the US. It does paint a picture of a family who travels abroad frequently and legally, which is a good thing in the visa world.

Good day VO, i need a professional advice, am one of d lucky winners of 2014 DV lottery but in my
notification letter d principal applicant name, my surname came first
which should be followed by my first name and middle name, but it was written like this surname, middle name and first name. e g JOHN CHIBUIKE CHRISTOPHER instead of JOHN CHRISTOPHER CHIBUIKE. All my credentials
from primary school to university level is bearing JOHN CHRISTOPHER
CHIBUIKE, i have submitted my application form to KCC since 29th may wit my name as it appears in d selettee applicant name ie JOHN CHIBUIKE CHRISTOPHER plz wount this be a problem to me on d interveiw day. How do i process my INTERNATIONAL PASSPORT,
police clearance n medicals is it wit the name in my credentials JOHN CHRISTOPHER CHIBUIKE or wit d name in d selettee applicant name JOHN CHIBUIKE CHRISTOPHER? Thanks.

Zeleez:
Good day VO, i need a professional advice, am one of d lucky winners of 2014 DV lottery but in my
notification letter d principal applicant name, my surname came first
which should be followed by my first name and middle name, but it was written like this surname, middle name and first name. e g JOHN CHIBUIKE CHRISTOPHER instead of JOHN CHRISTOPHER CHIBUIKE. All my credentials
from primary school to university level is bearing JOHN CHRISTOPHER
CHIBUIKE, i have submitted my application form to KCC since 29th may wit my name as it appears in d selettee applicant name ie JOHN CHIBUIKE CHRISTOPHER plz wount this be a problem to me on d interveiw day. How do i process my INTERNATIONAL PASSPORT,
police clearance n medicals is it wit the name in my credentials JOHN CHRISTOPHER CHIBUIKE or wit d name in d selettee applicant name JOHN CHIBUIKE CHRISTOPHER? Thanks.

My sense is that as long as the three names are the same, we're not going to get worked up about what order they appear in. We only get excited about that when Jane Mary Doe tells us she's never applied for a visa before, but her photo is associated with last year's refusal in the name of Mary Jane Doe. Then we wonder what else she's lying about. But if Jane Mary Doe comes in with papers that show her name as Mary Doe Jane, and that's the only discrepancy, she'll be fine.

VisaOfficer
You can still be recognized as unmarried children if you are not legally married. If your father is an American citizen, that makes you eligible for the F1 category (now that you're over 21). If your father is still an LPR and has not yet naturalized, you would be eligible as F2Bs. Thank you very much for this wonderful information. infact you are God sent. Please does my dad need to hire an atorney to file petition for us

goldentie4real: Thank you very much for this wonderful information. infact you are God sent. Please does my dad need to hire an atorney to file petition for us

Hiring an attorney is not a requirement, but many people find that it gives them peace of mind and makes things a little easier. Maybe your dad could review the information at http://www.uscis.gov and see if he feels comfortable handling the paperwork himself.

Here's the link to the page about filing for family members:
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1d383e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=1d383e4d77d73210VgnVCM100000082ca60aRCRD

VisaOfficer:

I think he should be upfront about his LPR sister... maybe explain that you spend a lot of time in the UK as well as in the US. It does paint a picture of a family who travels abroad frequently and legally, which is a good thing in the visa world.

True, but I am not an LPR yet. Soon though, but not yet. So I'm still on the NIV Category. And he would have to say my status if he mentions me.

VisaOfficer:
Greetings! Let me make sure I'm understanding this correctly. There seem to be two issues. One, your friend married her new husband although she was not legally duvorced from her first husband, and two, she has a passport with a false name and date of birth that she has used before (so it's in our system, associated with her name and fingerprints). Is that right?

If the visa she's applying for doesn't have anything to do with her marital status -- if she just wants to be a tourist -- we're not going to want to verify her current marriage. That would only be an issue if someone was petitioning for her as a spouse.

Name and date of birth... Once again, I think she should just be totally honest with the visa officer. It's only going to be an issue if she tries to hide it. We only care about misrepresentation if it's material misrepresentation, that is, if the lie would have led us to make to a different visa decision. From what you've written it doesn't sound like the misrepresentation was material. So if she comes in and says "This is what happened," and is up front about it, most officers will give her the benefit of the doubt. On the other hand, if she tries to hide it, we'll see the record in our computer system and wonder what else she's not being truthful about. Truth is always the best policy.

Thank you for responding.
It was her husband that was once married and was not legally divorced from the first wife and secondly, she has a passport that she has used before in your system associated with her name and fingerprints.

Do you think it is necessary for her to write to the embassy an explanatory letter with copies of both the old and new documents since she may not be applying for a US visa now or wait until whenever she intends to apply say in two years time. She feels the earlier she can correct this, the better for her.

igbankebabe:

True, but I am not an LPR yet. Soon though, but not yet. So I'm still on the NIV Category. And he would have to say my status if he mentions me.

Having a sister who is on her way to becoming an LPR shouldn't be a problem at all! Be of good cheer.

Uredaddy:

Thank you for responding.
It was her husband that was once married and was not legally divorced from the first wife and secondly, she has a passport that she has used before in your system associated with her name and fingerprints.

Do you think it is necessary for her to write to the embassy an explanatory letter with copies of both the old and new documents since she may not be applying for a US visa now or wait until whenever she intends to apply say in two years time. She feels the earlier she can correct this, the better for her.

I would wait until she applies. Embassies and Consulates get so many letters and e-mails that it's easy to misplace or ignore ones that aren't associated with an active application.