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Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 8:43pm On Jun 15, 2017
chokey419:
in my experience yes. You are now under f3 visa category. Its takes around 12yrs to become current.

This forum is moderated by U.S. Consular Officers. If you are not a CO, please do not answer any questions. You are welcome to reply to a post in any of the other public forums. In the future, any question answered by a non-visa officer will be deleted.

Regards,
VO

1 Like

Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by leakage01: 9:08pm On Jun 15, 2017
Dear VO,
I was not married when my dad filed F1 for me in 2009 but now (2012)I am married with a son and I never informed nvc because I was not aware. I have filled form ds260 truthfully and declared that I am married with a son, I have also sent all necessary docs to them.

My dad contacted nvc and was told to submit docs to them regarding my spouse and we have done so. My sons name is already showing accompany under ceac but nothing about my spouse yet.

Pls will nvc further delay my visa application because of the fact that am now married? What steps am I to take now?
Still awaiting your response.
Thanks
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 2:56pm On Jun 19, 2017
leakage01:
Dear VO,
I was not married when my dad filed F1 for me in 2009 but now (2012)I am married with a son and I never informed nvc because I was not aware. I have filled form ds260 truthfully and declared that I am married with a son, I have also sent all necessary docs to them.

My dad contacted nvc and was told to submit docs to them regarding my spouse and we have done so. My sons name is already showing accompany under ceac but nothing about my spouse yet.

Pls will nvc further delay my visa application because of the fact that am now married? What steps am I to take now?
Still awaiting your response.
Thanks

Yes, since you are now married, you will move from an F1 to an F3 visa. This will probably delay your visa interview by about 4-5 years, based on the latest Visa Bulletin. While I realize that this is not the news you want to hear, the fact you have come forward and admitted being married means you and your family are off to a great start in the United States. For further information, you should contact USCIS.

Regards,
VO
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by maryLu: 10:38pm On Jun 19, 2017
Dear VO,

I am writing to you because my husband and I are in unique situation, and we are looking for some guidance regarding our immigration situation. My husband entered the US on a student visa (F1) with d/s stamped on his I94 . He attended college for over 5 years, however he had to drop due to cost. In 2008 the company he has been working for offered to start the process for a EB3 visa. Perm was approved in 2008, I 140 approved in 2009. His priority date was current in 2013.( we were previously informed by another immigration attorney that the NVC will contact us when date is current) When we went to see a different immigration attorney earlier this year we were informed that the priority date is current and that the employer should file I824 to have the case transferred to the NVC, since he needs consular processing and can not do AOS. He also told us that because my husband has d/s on his I94 he is AOS but did not aquire unlawfull presence. I am a dependent on his case, I have enterd on a B2 visa and have unlawful presence, but out attorney has advised us that I qualify for I601A since my parents are USC and I do have a strong waiver case, based on our family situation. We have 4 USC children, no criminal record, and the job is still available for my husband. I am absolutely terrified to leave the country for consular interview. Our entire families are here, our children know no other life- do not speak our native language., we have nobody back home(except for extended family)and the thought of not being able to come back terrifies me. I know I have made a mistake by overstaying my B2 visa- I was young and naive, and listened to the wrong advice, I would do anything to take it back. My question for you is do you think that there will be a problem with the I140 being approved in 2009 and the priority date being current in 2013? Job hasn't changed, employer will have a job offer for my husband. If my waiver gets approved will my unlawful presence still be an issue to get the visa. Thank you for reading my lengthy post.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by leakage01: 10:49pm On Jun 19, 2017
Yes, since you are now married, you will move from an F1 to an F3 visa. This will probably delay your visa interview by about 4-5 years, based on the latest Visa Bulletin. While I realize that this is not the news you want to hear, the fact you have come forward and admitted being married means you and your family are off to a great start in the United States. For further information, you should contact USCIS.

Regards,
VO

Thanks VO
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 4:28pm On Jun 20, 2017
maryLu:
Dear VO,

I am writing to you because my husband and I are in unique situation, and we are looking for some guidance regarding our immigration situation. My husband entered the US on a student visa (F1) with d/s stamped on his I94 . He attended college for over 5 years, however he had to drop due to cost. In 2008 the company he has been working for offered to start the process for a EB3 visa. Perm was approved in 2008, I 140 approved in 2009. His priority date was current in 2013.( we were previously informed by another immigration attorney that the NVC will contact us when date is current) When we went to see a different immigration attorney earlier this year we were informed that the priority date is current and that the employer should file I824 to have the case transferred to the NVC, since he needs consular processing and can not do AOS. He also told us that because my husband has d/s on his I94 he is AOS but did not aquire unlawfull presence. I am a dependent on his case, I have enterd on a B2 visa and have unlawful presence, but out attorney has advised us that I qualify for I601A since my parents are USC and I do have a strong waiver case, based on our family situation. We have 4 USC children, no criminal record, and the job is still available for my husband. I am absolutely terrified to leave the country for consular interview. Our entire families are here, our children know no other life- do not speak our native language., we have nobody back home(except for extended family)and the thought of not being able to come back terrifies me. I know I have made a mistake by overstaying my B2 visa- I was young and naive, and listened to the wrong advice, I would do anything to take it back. My question for you is do you think that there will be a problem with the I140 being approved in 2009 and the priority date being current in 2013? Job hasn't changed, employer will have a job offer for my husband. If my waiver gets approved will my unlawful presence still be an issue to get the visa. Thank you for reading my lengthy post.

This is a complicated case but unfortunately not unique. It is good that you are working with an immigration attorney and also encouraging that you appear ready to become a legal resident after all these years.

From a Consular Officer's perspective, you will not be able to get a visa until the waiver's approved. You should also ensure that there are no other ineligibilities (check with your lawyer about the different types.) For USCIS / DHS, your ability to secure a waiver through the I-601A process is mostly based on the simple math of when you arrived in the U.S., how long you stayed, and when you left, combined with what you've done in the U.S. since you arrived. If the waiver is not approved, you will be subject to a 10-year ban from entering the U.S. once you leave.

Regards,
VO
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Nobody: 4:46pm On Jun 20, 2017
Hi, VO. How do I contact the immigration dept to inform them I'm now married and have kids. Though my application filed by my citizen sister few years ago has not been approved, I was informed I can still add those details now as that would enable my family get visas with me if my application gets approved in future. Thanks.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by kennyfem(m): 8:38pm On Jun 20, 2017
Dear VO,

My brother 27years old is currently in US on b1/b2 visa mother is a greencard holder she just filed for him as he is currently in US. My question is can he stay till he get his greencard. Hope that will not affect him by denying him the parmanent visa, since he is in US when the filing was made. Thanks

Hope to hearing from you soon.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 10:06pm On Jun 20, 2017
Gaggi:
Hi, VO. How do I contact the immigration dept to inform them I'm now married and have kids. Though my application filed by my citizen sister few years ago has not been approved, I was informed I can still add those details now as that would enable my family get visas with me if my application gets approved in future. Thanks.

Your citizen sister will be able to start this process for you. Contact her.

Regards,
VO

1 Like

Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 10:07pm On Jun 20, 2017
kennyfem:
Dear VO,

My brother 27years old is currently in US on b1/b2 visa mother is a greencard holder she just filed for him as he is currently in US. My question is can he stay till he get his greencard. Hope that will not affect him by denying him the parmanent visa, since he is in US when the filing was made. Thanks

Hope to hearing from you soon.

This is called an adjustment of status. Whether or not you can stay while this process is underway is entirely up to USCIS. You need to contact them as soon as possible advising them of your intent.

Regards,
VO
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by maryLu: 12:41am On Jun 21, 2017
Dear VO,

Thank you for your response. I was anxiously waiting for it as we are at one of the most important crossroads in our lives, so all the information I am able to gather is so important . Since we have entered the country we have attended college and both of us got degrees- RN and mechanical engineer (tuition payed by ourselves), started a small business (payed taxes) and started a family. No deportation orders, no criminal history, no claims to citizenship. Our attorney feels very confident that we have a very good chance to come back, however I am worried and trying to gather as much information as I can, and try to go over all kinds of scenarios. I wanted to ask you if my husband has d/s stamped on his I94, is he subject to the 10 year ban? ( status has not been terminated ). (I understand that without the waiver I will be found inadmissible).
Thank you.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by robsilva: 8:17am On Jun 21, 2017
Dear Vo,

I am DV 2018 selectee, I am Brazilian with chargebiliate in Germany (my wife is German). I currently live in Germany with my wife and my two children. Before I moved here I had a F1 visa and lived in New York from 2005 to 2012. I studied and graduated there, once I finished my studies I left the country and did not overstay, however while I was studying there I had to work because my parents couldn't afford to send me money, so I worked from 2006 till 2011. This was unauthorized work. I paid taxes and I used my SSN. I did not claim to be USA citizen I did not fill any form where I would have to claim that. My question is would that cause a denial to my DV visa? I qualified in all other requirements and so as my wife. My interview will be in Frankfurt and I have disclosured that in DS260. Please if you could answer me that I would really appreciate I don't find much information about that online. Thanks in advance best regards.
Ps. I m sorry that I m not from Nigeria.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Kuzee23: 8:23am On Jun 21, 2017
This America eh.. I m ready to give it another shot sef... This fear of being denied again sef..
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Timetravel88: 3:00pm On Jun 21, 2017
Good day VO,
I will like to know if DHL sends notifications for passport collection once it's ready or do we just go there after 3 working days and assume it's ready.
Thank you.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 1:43pm On Jun 22, 2017
Timetravel88:
Good day VO,
I will like to know if DHL sends notifications for passport collection once it's ready or do we just go there after 3 working days and assume it's ready.
Thank you.

This appears to be a non-immigration visa question. Please take your question to the non-immigrant visa forum.

If this is an immigrant visa, you will not be notified when your visa is ready. You may go to the DHL center in Victoria Island for pickup 10 business days after your approved interview. You can also check online at the website you were given during your information session, or you can write us at LagosIV@state.gov if you have waited at least 10 business days.

Regards,
VO
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 1:53pm On Jun 22, 2017
robsilva:
Dear Vo,

I am DV 2018 selectee, I am Brazilian with chargebiliate in Germany (my wife is German). I currently live in Germany with my wife and my two children. Before I moved here I had a F1 visa and lived in New York from 2005 to 2012. I studied and graduated there, once I finished my studies I left the country and did not overstay, however while I was studying there I had to work because my parents couldn't afford to send me money, so I worked from 2006 till 2011. This was unauthorized work. I paid taxes and I used my SSN. I did not claim to be USA citizen I did not fill any form where I would have to claim that. My question is would that cause a denial to my DV visa? I qualified in all other requirements and so as my wife. My interview will be in Frankfurt and I have disclosured that in DS260. Please if you could answer me that I would really appreciate I don't find much information about that online. Thanks in advance best regards.
Ps. I m sorry that I m not from Nigeria.

This is a question for the adjudicating officer. It is otherwise impossible to determine how this information will affect your chances of getting a visa. Sorry I cannot be more helpful.

Regards,
VO
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 2:23pm On Jun 22, 2017
maryLu:
Dear VO,

Thank you for your response. I was anxiously waiting for it as we are at one of the most important crossroads in our lives, so all the information I am able to gather is so important . Since we have entered the country we have attended college and both of us got degrees- RN and mechanical engineer (tuition payed by ourselves), started a small business (payed taxes) and started a family. No deportation orders, no criminal history, no claims to citizenship. Our attorney feels very confident that we have a very good chance to come back, however I am worried and trying to gather as much information as I can, and try to go over all kinds of scenarios. I wanted to ask you if my husband has d/s stamped on his I94, is he subject to the 10 year ban? ( status has not been terminated ). (I understand that without the waiver I will be found inadmissible).
Thank you.

Your immigration lawyer and/or USCIS will be better able to give you guidance on your husband's I-94 status. Other than that, I do not know what else to tell you. You broke the law and enjoyed the benefits of being a resident of the United States without actually being a resident. Many tens of thousands of people are trying to do the same, except they're doing it legally, and waiting their turn.

Regards,
VO
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by femmo1: 3:03pm On Jun 22, 2017
Dear VO,

I'm 19years old I applied for a conference in US a year ago which on my passport there was a mistake of age 27years old i applied with the age because of no good advice then now my dad who is a greencard holder wants to file for me under f2A as child. What can I do to correct this problem and I hope it will not affect my greencard process to be granted? As a child of a greencard holder.

Thanks
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:38pm On Jun 22, 2017
femmo1:
Dear VO,

I'm 19years old I applied for a conference in US a year ago which on my passport there was a mistake of age 27years old i applied with the age because of no good advice then now my dad who is a greencard holder wants to file for me under f2A as child. What can I do to correct this problem and I hope it will not affect my greencard process to be granted? As a child of a greencard holder.

Thanks

So you applied for a visitor visa using fraudulent documents and wonder if this will affect your application? Of course it will.

The best thing you can do is to be honest about this and admit your mistakes. The consular officer will then make a determination as to next steps, which could range from issuing the visa up to and including banning you from entering the United States for life. The only way to find out is to go through the process.

I would caution you, though, that if you actually are 27 and want to pass as 19 because of some perceived benefit, your father's residency status could be in jeopardy -- he could be deported -- or he may never become a U.S. citizen. It's never, ever worth lying.

Regards,
VO
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by kennyfem(m): 4:34pm On Jun 22, 2017
Thanks a lot VO
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by femmo1: 4:40pm On Jun 22, 2017
VisaOfficer:


So you applied for a visitor visa using fraudulent documents and wonder if this will affect your application? Of course it will.

The best thing you can do is to be honest about this and admit your mistakes. The consular officer will then make a determination as to next steps, which could range from issuing the visa up to and including banning you from entering the United States for life. The only way to find out is to go through the process.

I would caution you, though, that if you actually are 27 and want to pass as 19 because of some perceived benefit, your father's residency status could be in jeopardy -- he could be deported -- or he may never become a U.S. citizen. It's never, ever worth lying.

Regards,
VO

God bless you I have lernt my lessons thanks.
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by romres1: 7:48pm On Jun 22, 2017
I want to know how I can change the from delivery pick up to my office address. What should I do? Should I go to DHL to order or what should I do?
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Dotman23(m): 11:02am On Jun 23, 2017
Dear VO, I wish to ask about an F2 visa question, please can I go on
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by uniqueprivacy(m): 1:35pm On Jun 23, 2017
As promised, I wanted to let the Forum know that my family's interview was successful. We were not require to do a DNA test. My wife is asked to pick up their Visa in 10 business days.
Thank you VO for the great job you guys are doing. smiley
uniqueprivacy:
Thank you VO for your response, that helps! Let's see how it goes. I pray we don't have to go through that cos our baby is going to be 37 weeks old by the time they go for the interview. Hence, it will only be a waist of time and resources if they ask us to do a DNA test. Anyway, I will let the forum know how it went after their interview.
Thank you again for all you do. smiley
Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by Orente2016: 2:55pm On Jun 23, 2017
Dear epals good day. Pls I need ur urgent response. I am filling the ds160 for my mum who is coming on vacation with my family. We are staying in a hotel as we do not know anyone in the US. Pls check the attached and advice me on how to fill the contact person page.tx I will really appreciate ur prompt response.

Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by doopsie: 6:34pm On Jun 23, 2017
Good evening Sir,
please i applied for visa last week13/6/17 and i was granted the visa and was told to pick it up at dhl office in VI after three days and i thought it was with in 30 days now i receive a text that it has been sent back to the consulate in 5 days and its still within 30 days. please what do i do. i am terrified.

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