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Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 1:20pm On Sep 16, 2014
jennykadry: @visaofficer

My sister inlaw will be getting married to a fiancé this coming December in Nigeria. She is Australian and he is American. If she files immediately after marriage, approx. how long will it take before she can be granted her spousal visa?

Also while her application is in Progress can she still visit America on her Australian passport or she has to wait until her visa is granted before visiting?

Greetings!

As soon as her petition is documentarily complete at the National Visa Center (NVC), it can be scheduled for an interview at an Embassy or Consulate overseas. NVC is experiencing delays due to a suddenly mind-boggling caseload, but it's a matter of months rather than years.

She may still visit the U.S. using her Australian passport.

Hope this helps!

1 Like

Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by DobraDobra: 1:34pm On Sep 16, 2014
Sorry VO a question from reeq still needs ur attention.

2 Likes

Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Adeboy007(m): 1:43pm On Sep 16, 2014
Good Day VO,

I'm very sure you are doing wonderfully good as always wink wink, wink

We are approaching the end of fiscal year and i remember that Nigeria is yet to be eligible for DV Program, Just wanna appreciate Almighty that gave me the opportunity to be selected for further processing of DV Program and finally grant my Visa approval.

Am using this medium to inform you that I am set to jet out by November as my Ticket and my baggage is intact smiley smiley

Ma, I goh a message for you and may not probably be here ma Lady smiley smiley

Av a nice and wonderful day ma.

2 Likes

Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Nobody: 2:25pm On Sep 16, 2014
VisaOfficer:

Greetings!

As soon as her petition is documentarily complete at the National Visa Center (NVC), it can be scheduled for an interview at an Embassy or Consulate overseas. NVC is experiencing delays due to a suddenly mind-boggling caseload, but it's a matter of months rather than years.

She may still visit the U.S. using her Australian passport.

Hope this helps!

Thanks. This helps.

Her plan is to stay in the states for 90days, leave for Canada for a few days and return to the states until the visa is granted.

Does she have to be outside the states when her visa is granted or not?
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Usamommy2015: 3:10pm On Sep 16, 2014
Hello Visa Officer,

Can I just tell you, you're doing an awesome job and you must be a saint to do all this gratis.

I was recently selected for the DV lottery and am awaiting a visa (or not) mid-2015. I have not put my life on hold and continue living as I was before May 3. IF I am selected, I know I have a certain period of time before I could travel (around 6 months I think). So considering I get the visa in June, I would need to move to USA no later than December. I don't want to move in peak winter as I have a (then) 3 year old and I wont be able to work at all. I also have work commitments in Kenya that require me to train a replacement for an year before I leave. So, could I possibly travel to the USA in July for a few weeks to activate my LPR Status and get all the paperwork and move back to Kenya to sort my life out and then travel back in August 2016 to live there?

There's too many ifs there, but I want to prepare myself for every scenario before I take my decisions. I do want to move to the USA for sure... i think, and I want to do this gradually and well-prepared, not suddenly and out of excitement.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:29pm On Sep 16, 2014
reeq: Greetings VO..
Have a few questions
(1) Having a Court Wedding in Nigeria(fiance visa) does it raise a RED Flag or is it violation of the rules not forgetful of the fact well that I still have to marry in the u.s within 90days.
(2)If its okay, intend having a very private n family low key Court wedding immediateLy after interview just basically so ma nuclear family can be part of it since not all of them can be part of the u.s wedding,,just wanted to make sure am in order so I know if I GO ahead or not.
I hope am inline and not asking too much..
Thanks for your understanding..#Blessed

Sorry I missed this one. The K1 visa is only for people who are not married, so, if you get married, the visa is rendered invalid and you cannot use it to travel.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:29pm On Sep 16, 2014
DobraDobra: Sorry VO a question from reeq still needs ur attention.

Thanks dude (as we say where I come from). smiley

1 Like

Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:31pm On Sep 16, 2014
jennykadry:

Thanks. This helps.

Her plan is to stay in the states for 90days, leave for Canada for a few days and return to the states until the visa is granted.

Does she have to be outside the states when her visa is granted or not?

Yes, she should be outside the U.S. when the visa is granted. We can only print visas outside the U.S., and we need to put it in her passport. smiley
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:33pm On Sep 16, 2014
Usamommy2015: Hello Visa Officer,

Can I just tell you, you're doing an awesome job and you must be a saint to do all this gratis.

I was recently selected for the DV lottery and am awaiting a visa (or not) mid-2015. I have not put my life on hold and continue living as I was before May 3. IF I am selected, I know I have a certain period of time before I could travel (around 6 months I think). So considering I get the visa in June, I would need to move to USA no later than December. I don't want to move in peak winter as I have a (then) 3 year old and I wont be able to work at all. I also have work commitments in Kenya that require me to train a replacement for an year before I leave. So, could I possibly travel to the USA in July for a few weeks to activate my LPR Status and get all the paperwork and move back to Kenya to sort my life out and then travel back in August 2016 to live there?

There's too many ifs there, but I want to prepare myself for every scenario before I take my decisions. I do want to move to the USA for sure... i think, and I want to do this gradually and well-prepared, not suddenly and out of excitement.


It is complicated, isn't it?!?

It sounds to me like you have a good plan. But if you leave the U.S. before your LPR card ( "green card" ) is issued, you may have trouble returning. You can always apply for a boarding foil if you've been outside the U.S. less than 12 months -- but my advice would be to stay until your LPR card is issued if at all possible.

Good luck!
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:53pm On Sep 16, 2014
Hi all,

I opened a Yahoo account to create my Nairaland account, and I never use the Yahoo account, but I happened to check it today. I have an e-mail message from someone -- not sure how she got my address. But anyway, in the interest of transparency and also because I think the answer might be useful to others, here's her message.

Dear consular officer,
I want to make a passionate plea once again for a positive review of the visa denial as regards CN AF 123**.
My family and I appeared for our interview on 5th may this year and were denied on the ground that our first daughter's name was not included in the original entry form.
The family friend that entered the visa lottery for us made the mistake inadvertently thinking that eighteen years is the cut of year as at time of entry.
I had earlier applied for and was given a two years American visa which expired just some weeks before the dv lottery visa interview in May this year.
The application which resulted in my being granted the two years visa contained accurate information about my family viz my husband, two daughters and I, the application was made even before the dv lottery application so it is not a matter of falsification or hiding information or any such thing.
I therefore wish to appeal to you in the name of God and All that you hold dear to help us out to benefit from this wonderful opportunity.
Looking forward to a favourable response from you.
Yours truly,

Unfortunately this mistake -- omitting the child from the original entry -- is not something that we officers have the discretion to overlook. The Diversity Visa has very few rules: Entrants must have a secondary school education OR two years of qualifying work experience; and 3ntrants who submit more than one entry will be disqualified, as will those who neglect to include any pre-existing spouses and unmarried children under the age of 21 on their original entry form. The only exception is if the child is already a Legal Permanent Resident or U.S. citizen.

Again, this is not something that officers can decide to have mercy about. It is a rule that we are required to follow.

I hope this information is useful.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by DobraDobra: 3:57pm On Sep 16, 2014
VisaOfficer:

Thanks dude (as we say where I come from). smiley

U are welcome and much appreciated ma I know u are multi tasking and d work load here and on ur desk is much. But ur strength is not human its from above coss u make lot of people smile

3 Likes

Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Nobody: 4:20pm On Sep 16, 2014
VisaOfficer:

Yes, she should be outside the U.S. when the visa is granted. We can only print visas outside the U.S., and we need to put it in her passport. smiley

Gotcha. There isn't a USCIS in Australia. The closest is china. Is that where the interview will be conducted?
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 4:47pm On Sep 16, 2014
jennykadry:

Gotcha. There isn't a USCIS in Australia. The closest is china. Is that where the interview will be conducted?

Ah. Well, the petition has to be filed through USCIS in the United States (but you can send the petition by FedEx or DHL if you're overseas). The interview will be conducted at a Consulate or Embassy, and I know we have an Embassy and several Consulates in Australia. smiley
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Nobody: 4:57pm On Sep 16, 2014
VisaOfficer:
Ah. Well, the petition has to be filed through USCIS in the United States (but you can send the petition by FedEx or DHL if you're overseas). The interview will be conducted at a Consulate or Embassy, and I know we have an Embassy and several Consulates in Australia. smiley
Thanks a bunch. I hope she gets her visa a few months after she applies. I think her fiancé is planning to lodge the petition in the states. She is so excited about married life and I and her brother wouldn't want her to be away from him for so long.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by bucciepie: 5:18pm On Sep 16, 2014
Dear VO,

What are the things that are considered to be key for a IR1 and 2 Visa especially when the USC spouse is planning to move at the same time with the family? Do you need to have a job in the USA as a USC to prove domicile or it is alright that there are documents to show that the USC is already looking for a job?

Thanks.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Usamommy2015: 5:54pm On Sep 16, 2014
VisaOfficer:

It is complicated, isn't it?!?

It sounds to me like you have a good plan. But if you leave the U.S. before your LPR card ("green card"wink is issued, you may have trouble returning. You can always apply for a boarding foil if you've been outside the U.S. less than 12 months -- but my advice would be to stay until your LPR card is issued if at all possible.

Good luck!

Thank you for making it easier. I will definitely let you know the outcome and when time is closer by, I'll be back to pester you with the nothingness of problems that exist in my mind.

1 Like

Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by stevewale(m): 6:13pm On Sep 16, 2014
VisaOfficer:

This is an area where Nigerian law and U.S. law don't dovetail neatly. Traditional marriages in Nigeria do count as marriages and make people ineligible for K visas -- and if your fiance gives the bride price, that's a marriage under customary law. But because such marriages are often undocumented, the Nigerian spouse can't benefit from the IR1 or CR1 petition, because there's no piece of paper to submit to NVC. So people who have had traditional or customary marriages, but not a registry or religious marriage*, are stuck, unable to get either a fiance or a spouse visa.

The obvious solution is to go ahead and do the registry marriage in Nigeria, then apply for a spouse petition. The only reason that takes longer than a fiance petition is that you can file a fiance petition any time, but you can't file a spouse petition until after the marriage.

We do like to hear that people have met each other's parents... but if we know you've had an introduction ceremony, we'll be very curious about whether it was actually a traditional marriage, or just an introduction. Whatever the case, tell the truth, and you'll end up with the visa you qualify for.

(* Religious marriages are recognized for spouse petitions if there's a certificate from an established religious institution involved.)

Dear VO, This your response, I must confess, weakening my heart cos I await my own petition approval too at NVC too and meanwhile, I have met with my fiancée's parents which I stated in the letter of how we met and even included a pic of our meeting with the parents but which was NEVER a traditional marriage or introduction but just both parents meeting to know eachother.

Now I am beginning to feel bad already that u guys might do otherwise and make my fiancée and I be apart again for another period cos I am already anxious to be together with her.

Thanks
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by sisitodun: 6:27pm On Sep 16, 2014
VisaOfficer:

Greetings friend,

Never a bother. smiley

... And best of luck on your exam!

Thank you! cheesy
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by reeq(m): 6:43pm On Sep 16, 2014
Hello V O..
Thanks for the reply.
So basically if you going for a fiancee visa you only required to get married in the u.s?
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Bahora1983: 5:50am On Sep 17, 2014
Dear Visa Officer,

My full name is Bahora, who has been living as a permanent resident in the United States since 2009. My sister along with her family were randomly selected for the US Diversity Lottery of 2014 Fiscal Year. At the beginning, I was excited to hear that my sister along with her family were selected for further processing of their DV lottery case to obtain permanent residency in the United States. And as I was preparing for their arrival by arranging boarding shelter and applying to the assistance of several agencies to make sure that their transition in the new country goes smooth, I was shocked to find out that the processing of their case is terminated due to reaching the limit on the immigrant visa allocated to the citizens of Uzbekistan in 2014. The consulate also sent a letter to my sister informing of permanent stop in processing her case because the number of the immigrant visas issued to the Uzbek citizens have reached the established maximum limit. Although the quote for the immigrant visas has reached its limit, dozens of the other families, who were interviewed at the consuls regarding their DV lottery selection after my sister and whose documents were brought to the attention of the consulate much later than my sister did, these families, ultimately, have been granted with the immigrant visas.

Dear Visa Officer can you PLEASE help me in resuming the processing of my sister's DV lottery case to obtain the visa? I am also aware that you are a consulate officer in Nigeria, totally different country from Uzbekistan. But nevertheless, your experience and knowledge will definitely help me impact this situation. And regardless of the various location, I still need your advice as the astronaut needs the oxygen in the cosmos. What can I do if they continue ignoring my request and refraining from processing my sister's case. Since I have been residing in US, is there any way to dispute or file a claim with any agency in the United Sates, the body in the State Department or the US Congress? There is always a possible resolution for every problem and an exception for major policies. My sister has three children who have been eagerly awaiting their arrival in the United States and even adamantly refusing to attend the local school because they want to continue their education in New York. I am asking your assistance and support, nevertheless, for the sake of these three children. I clearly can construe my sister’s feelings; moreover, my own children are the students of the public school in New York and thanks god that I have been lucky enough that my kids have been attending one of the best educational institutions in the world. Furthermore, all the required documents are ready and complete.

Peace and Blessing,
Bahora.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 7:31am On Sep 17, 2014
stevewale:

Dear VO, This your response, I must confess, weakening my heart cos I await my own petition approval too at NVC too and meanwhile, I have met with my fiancée's parents which I stated in the letter of how we met and even included a pic of our meeting with the parents but which was NEVER a traditional marriage or introduction but just both parents meeting to know eachother.

Now I am beginning to feel bad already that u guys might do otherwise and make my fiancée and I be apart again for another period cos I am already anxious to be together with her.

Thanks

Assuming that you really haven't had a traditional marriage -- just be very, very clear about that when you discuss the case with the interviewing officer!
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 7:32am On Sep 17, 2014
reeq: Hello V O..
Thanks for the reply.
So basically if you going for a fiancee visa you only required to get married in the u.s?

Yes. The purpose of a fiance visa is for the fiance to travel to the U.S. and get married there.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 7:46am On Sep 17, 2014
Bahora1983: Dear Visa Officer,

My full name is Bahora, who has been living as a permanent resident in the United States since 2009. My sister along with her family were randomly selected for the US Diversity Lottery of 2014 Fiscal Year. At the beginning, I was excited to hear that my sister along with her family were selected for further processing of their DV lottery case to obtain permanent residency in the United States. And as I was preparing for their arrival by arranging boarding shelter and applying to the assistance of several agencies to make sure that their transition in the new country goes smooth, I was shocked to find out that the processing of their case is terminated due to reaching the limit on the immigrant visa allocated to the citizens of Uzbekistan in 2014. The consulate also sent a letter to my sister informing of permanent stop in processing her case because the number of the immigrant visas issued to the Uzbek citizens have reached the established maximum limit. Although the quote for the immigrant visas has reached its limit, dozens of the other families, who were interviewed at the consuls regarding their DV lottery selection after my sister and whose documents were brought to the attention of the consulate much later than my sister did, these families, ultimately, have been granted with the immigrant visas.

Dear Visa Officer can you PLEASE help me in resuming the processing of my sister's DV lottery case to obtain the visa? I am also aware that you are a consulate officer in Nigeria, totally different country from Uzbekistan. But nevertheless, your experience and knowledge will definitely help me impact this situation. And regardless of the various location, I still need your advice as the astronaut needs the oxygen in the cosmos. What can I do if they continue ignoring my request and refraining from processing my sister's case. Since I have been residing in US, is there any way to dispute or file a claim with any agency in the United Sates, the body in the State Department or the US Congress? There is always a possible resolution for every problem and an exception for major policies. My sister has three children who have been eagerly awaiting their arrival in the United States and even adamantly refusing to attend the local school because they want to continue their education in New York. I am asking your assistance and support, nevertheless, for the sake of these three children. I clearly can construe my sister’s feelings; moreover, my own children are the students of the public school in New York and thanks god that I have been lucky enough that my kids have been attending one of the best educational institutions in the world. Furthermore, all the required documents are ready and complete.

Peace and Blessing,
Bahora.

Greetings Bahora,

I haven't been to Uzbekistan, but I worked with several Uzbeks in Romanian, and just knowing you are from there brings back wonderful memories of truly excellent food and music...

Unfortunately there really is nothing you can do. Once the allotted number of Diversity Visas has been reached each year, we are simply not allowed to process any additional cases. The program really is a lottery and as such there is no promise that someone will receive a visa, even if that person has paid the fee and is qualified and eligible. If other qualified, eligible people manage to get their visas first, that makes it less likely that people who interview later in the season, or people whose cases require administrative processing, will be able to receive visas.

You can try to file a dispute or complaint with the Department of State or Congress, but I can tell you that the ruling is never in favor of the plaintiffs. The rules of the Diversity Visa program are very clear, and we're very upfront on all our websites that "In order to allow for those who do not pursue immigrant visas, and for the applicants who do not qualify, more 'winners' are selected in the lottery than there are visas available. Hence being selected from the lottery does not guarantee an immigrant visa to the U.S."

I wish I had better news for you.

1 Like

Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by reeq(m): 8:00am On Sep 17, 2014
Greeting VOsmiley
Thanks for the reply.
Like they say "Ignorance is no excuse under the Law. I have totally quashed the idea,I'm better informed nowsmiley
Have a Splendid Day. #Blessed
VisaOfficer:

Yes. The purpose of a fiance visa is for the fiance to travel to the U.S. and get married there.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by bucciepie: 9:55am On Sep 17, 2014
Dear VO,

What are the things that are considered to be key for a IR1 and 2 Visa especially when the USC spouse is planning to move at the same time with the family? Do you need to have a job in the USA as a USC to prove domicile or it is alright that there are documents to show that the USC is already looking for a job?

Thanks.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by tzetzefly(m): 10:38am On Sep 17, 2014
VisaOfficer:

In this case, the excuse that "I was only naive and uninformed" sounds an awful lot like "I am the sort of person who believes it's acceptable to be dishonest if dishonesty can help me reach my goals." If you were refused under 214(b), it's not a permanent ban; but this will be on your record forever. It won't be impossible to obtain a visa in the future, but you're right, you've seriously undermined your credibility with us.

At any rate, your question is actually a question for my non-immigrant colleagues at https://www.nairaland.com/1792662/u.s-non-immigrant-visas-listening .

grin
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 1:53pm On Sep 17, 2014
bucciepie: Dear VO,

What are the things that are considered to be key for a IR1 and 2 Visa especially when the USC spouse is planning to move at the same time with the family? Do you need to have a job in the USA as a USC to prove domicile or it is alright that there are documents to show that the USC is already looking for a job?

Thanks.

Greetings! The interviewing officer must be convinced that the petitioner indeed intends to return to the U.S. with the beneficiaries and establish domicile together there. The legal standard is pretty flexible; what convinces me might not convince someone else. But we are, generally, reasonable. If you can show evidence that the petitioner is actively looking for a job, that would be very helpful!
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by bucciepie: 2:21pm On Sep 17, 2014
Thanks for your response. She registered with several recruitment agencies and has been applying for jobs. We also have a rental agreement and the state resident ID, a functioning bank account where we have been saving for this move, school admission for the kids as well as a good joint sponsor and hope that this will be enough proof as we really intend to move. You are indeed doing a great job here.

VisaOfficer:

Greetings! The interviewing officer must be convinced that the petitioner indeed intends to return to the U.S. with the beneficiaries and establish domicile together there. The legal standard is pretty flexible; what convinces me might not convince someone else. But we are, generally, reasonable. If you can show evidence that the petitioner is actively looking for a job, that would be very helpful!
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Ogbonaikenna(m): 4:23pm On Sep 17, 2014
Dear VisaOfficer, please how long will it take my I-130 to be approved? My priority date is september 2014. My elder brother who is a US citizen is the petitioner. You're doing a wonderful job. Thanks
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by queenblack(f): 4:23pm On Sep 17, 2014
Greetings!

I am in tears because since my fiance's interview on April 1st, he was approved for visa and asked to pick it up in 7 days. When he went to DHL there was no package for him. Each time he was asked to check back there was no package. When told to check the status on the CEAC website, it said he is in AP. Today makes it 5 1/2 months, the status has not been updated since Aug 1st. I am so worried because his medical exam results expire in 6 months which was on June 15th. People who interviewed after him have since received their visas and have migrated. What can I do? We want to get married and start our new life together. No one has given a reason as to why my fiance's visa is taking so long. The "global glitch" that took place did not hinder the other applicants from receiving their visas. Please advise.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 4:35pm On Sep 17, 2014
bucciepie: Thanks for your response. She registered with several recruitment agencies and has been applying for jobs. We also have a rental agreement and the state resident ID, a functioning bank account where we have been saving for this move, school admission for the kids as well as a good joint sponsor and hope that this will be enough proof as we really intend to move. You are indeed doing a great job here.


Thank you for the kind words! From what you've written here, you should be in good shape.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 4:36pm On Sep 17, 2014
Ogbonaikenna: Dear VisaOfficer, please how long will it take my I-130 to be approved? My priority date is september 2014. My elder brother who is a US citizen is the petitioner. You're doing a wonderful job. Thanks

Right now the wait time for this category is running around 12 years. Hang in there.

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