my wife is a green card holder and my daughter a citizens(less 2years old). is there anyway she could include our daughter birth certificate in filing 1-130? I believe this would hasten the waiting period if its possible. please your opinion.....

VisaOfficer:


Is your father a Legal Permanent Resident, or a U.S. citizen?

It does sound like your mother's case is moving more quickly. But if she wants to wait for you, she can ask us to keep her case open until your cases are ready to be processed. (Keeping her case open prevents a situation in which her visa expires before her children's visas are issued.)

Being a single mother will not adversely affect your visa. In fact, if your father is still a Legal Permanent Resident, the baby can be included in your case. (If he is a citizen, it's complicated; if you're an IR2 you can't have derivatives, but if you're an F1, you can.)

hello vo thanks for replying my message my dad is a citizen, and as demanded by USCIS we will be going for DNA test by september and my dad sent affidavit of support for my mom to NVC so what is next after that will she be called for an interview after that and after our DNA test which step further are we going to take and how long will it take for our case to get to NVC

how long on average does spouse filing who is a green card holder take?

but I read it before that it takes 3 or 5 days to get the result back but now am hearing two weeks, has the system change?

please VO, I need a directive/clarification on this, last year I was denied an entry into USA at JFK and issued with 5 years ban based on the officer view that I obtained my B1 visa under false information, now I am married to a USA citizen, do I need to wait for the expiration of my ban before she start the filling process for me to join her or is there a way the ban can be lift/waive.

VisaOfficer:


It's doubtful that a Congressional inquiry would have any effect on the outcome of a K-1 visa interview. The burden of proof is on the beneficiary, and if the Consular officer simply isn't convinced that the relationship is bona fide, the officer cannot issue a visa.

E-mails from family and friends aren't really helpful, either. The single most important element is what the beneficiary says at the interview.

Any suggestions on how to overcome this fact.

VisaOfficer:


Sorry, I should have been clearer. Yes, we accept attestations from NPC when they can't provide birth certificates and there is no other government-issued option. Hospital certificates are not acceptable.

Thank u Ma. I got scared bak dere. still waiting for m case to b reviewed at NVC

pls ma..is laminated birth certificate acceptable durin interview
.tanks

My fiance was denied a k1 visa at his interview. We had enough proof, according to our attorney. My fiance brought extra proof to the interview, including one of our wedding invitations, but the officer would not even look at the documents he brought. He gave my fiance a denial letter that said ineligible under section 221g, stating we have not shown that we intend to marry within 90 days of his arrival in the US. But the letter gave no further direction, did not ask for anything more as proof, nothing. As I have seen other letter examples do. The officer told my fiance we did not have "color photos"- we did have them- and made a remark about our age difference (10 years). We had the evidence of our intent to marry within the 90 days. It seems like a denial based on a bias of the interview officer. Our wedding is ruined. We are going through heartache and hardship because of this man. Do you have any insight or suggestions on this? A letter is being submitted by a congressman. Our attorney is contacting the visa office.

Visa Officer,
I have a pending F1 petition which was filed on my mum who was a LPR as at when filed and now a citizen. Nvc has been updated with the new development but i will like to know if these will speed up the petition.
I will also like to know the priority date wich is been treated at the moment as mine is 040ct2010 with country of chargeability as nigeria.
Thank you

VisaOfficer:


I'm no longer in Lagos; I'm just answering questions as best I can until the new IV Chief arrives. Our websites all remind applicants NOT to purchase tickets until they have actually, physically received their visas, because we can never promise that a visa will definitely be ready in five days. Please e-mail LagosIV@state.gov to ask what the status of your application is.

Thanks for the prompt response. Will email as you suggested.

VisaOfficer:


It's doubtful that a Congressional inquiry would have any effect on the outcome of a K-1 visa interview. The burden of proof is on the beneficiary, and if the Consular officer simply isn't convinced that the relationship is bona fide, the officer cannot issue a visa.

E-mails from family and friends aren't really helpful, either. The single most important element is what the beneficiary says at the interview.

I'm so happy to report that the consular officer will grant a second interview but I need to be present. .before our position expires. ..what types of evidence outside what I already had should I take and do you think we will get astokes interview even though we are not yet married? Any advice will help I'm so grateful

Hello Visa Officer,

My husband visa was not approved today Aug. 21st.
At the interview he was told his divorce could not be proven and that the certified court seal papers he gave to VO was not good enough.
VO said the High Court Of Lagos State in the Ikeja Judical Division did not have a record.
My husband said they gave him the (221)g. paper.
My husband is going to the court to fix this problem. And I will send a Letter to LagosVI@state.gov. I don't want them to send us back to NVC.

He did get Legally divorced.

I don't know what to do I'm so hurt by this.

queenma35:
Good day! my husband and I are looking for guidance. My husband and are on the last step of waiting for the NVC to give us a date for an interview on a family base visa. Back in 2008 my husband was denied a visitor visa for misrepresentation which I believe we would need a wavier. My question is can we file a i-601 now or do we need to wait for instruction form the consulate? please advise us. Thank you and have a blessed day. Hugs

Greetings! If your husband has already been informed that he is ineligible under INA 212(a)(6)(C)(i), and knows what led to that finding, in my opinion it's all right to go ahead and file the I-601 ahead of time. Just make it clear in the application that you're filing in advance of an immigrant visa interview. Good luck!

Vickyc92:
Good morning, VO my dad made a visa petition for me and my 2 siblings and he said the USCIS informed him dat we should go for a DNA test to prove our paternity and gave him a total of 83 days for the test to be completed and sent to them, we have just 1 week for the 83 days to be over yet we have not done it, my dad just paid the fees to the AABB lab dat will be incharge of the test yesterday so my question is this will there be any delay or problem if by next week (which is the end of that 83 days) the test is not complete and the result sent to USCIS as they gave 83 days for the submission and again after the DNA test are we going to be issued our visa and if not what is the next step to take and before i forget that is if this will help my dad is a citizen and is filling a family based visa

USCIS often recommends DNA, and sometimes there's no available date for DNA collection at post until after the 83-day period. (To be honest, I thought it was 90 days, but I could be wrong.) USCIS is aware that many families can't schedule the collection in time. Just keep them informed, and I'm pretty sure they'll grant you more time.

Vickyc92:
Again VO my dad filled a family based visa i really don't know why my moms case is treated faster Dan that of my siblings and i, her own case is now at NVC and my dad have even sent an affidavit of support for her to NVC while that of my siblings and i are still with USCIS i don't know the reason for this though they said we. Are we going to be given our visa the same time with her or will ours be treated separately and pls after the affidavit of support as it have been sent what is next for her

Well, USCIS can't very well ask for DNA between two spouses, right? So your petition, in which DNA has been recommended, will take longer to approve than your mother's. (Also please note that when a petition is approved, that just means that USCIS agrees that the documents probably support the petitioner's claim of a relationship with the beneficiary -- and that they are ready for an officer to take a closer look.)

ohzee64:

I have heard of cases that Congress has been convinced after the fact. .rare but it has happened my fiance was never given any form 221g to understand why we were refused how can we get that answer so as not to make the same error when we refile for k1 or cr1.. how long does the case stay in AP before it is refused and sent back we are hoping to get his documents back as we need them to refile. Do you think it would be helpful if I'm at the next interview? Our relationship is not fake and it is a shame that the CO felt that way. .everyone does not interview well or just nervous sounds like he had his mind made up before my fiance got there we are 20 age difference I would just like to know how to over come this next time thank you. .Kingston visa officers are tough but I will keep trying as we love each other even if I have to move to Jamaica

I don't know if Kingston allows petitioners to attend interviews, or how quick their procedure for returning cases to USCIS is. I could tell you what Lagos did while I was there, but I don't want to confuse the issue. If you read back through this thread, I know the topic was discussed somewhere in there.

angel2019:
Hello,
I got my F1 Student visa application approved on Monday and received my passport yesterday. When I looked closely at the visa, however, I saw that under 'annotation' my school name was misspelled. I will leave the country next week to pursue an undergraduate study in Massachusetts. Would this be a problem at the point of entry? Also, there is one star under my picture in the visa. What does this mean?

I hope you didn't wait for me to respond -- I hope you e-mailed the Consulate or Embassy and asked to have the annotation fixed! Better safe than sorry!

There are a lot of details on the visa (such as stars, etc.) that help officers know at a glance if a visa is authentic or not.

HesInMe:
Boy, this immigrant visa process can be needlessly frustrating. I was just turned back from my medical examination - after travelling half the country to Lagos at significant cost - because I didn't come with my original international passport. A copy wouldn't do, nor would other government-issued ID. The invitation letter and the consulate's guidance do not mention this important requirement. My interview is coming up shortly. Could you please update your information so others don't suffer this fate?

As I'm not in Lagos any more, could you e-mail LagosIV@state.gov and let them know? Thanks!

(I'd do it, but it'll be more urgent coming from an applicant who's been adversely affected.)

ayoade0505:
my wife is a green card holder and my daughter a citizens(less 2years old). is there anyway she could include our daughter birth certificate in filing 1-130? I believe this would hasten the waiting period if its possible. please your opinion.....

I think it would be a great idea to include a photocopy of your daughter's birth certificate!

Vickyc92:

hello vo thanks for replying my message my dad is a citizen, and as demanded by USCIS we will be going for DNA test by september and my dad sent affidavit of support for my mom to NVC so what is next after that will she be called for an interview after that and after our DNA test which step further are we going to take and how long will it take for our case to get to NVC

I have no way of knowing where your mother's petition is in the process, and whether anything other than the affidavit of support is missing. And I don't know if DNA results are the only thing pending in your petition, either. So there's no way for me to hazard a guess here.

ayoade0505:
how long on average does spouse filing who is a green card holder take?

Right now F2A petitions filed on or before Dec. 15, 2013, are eligible to be scheduled for interviews --so, around 20 months. You can track priority dates at http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html .

olukenny12:
but I read it before that it takes 3 or 5 days to get the result back but now am hearing two weeks, has the system change?

Could you explain further? We get a lot of inquiries on this site and I can't tell from what you've written here what it is that you're asking about.

solar1414:
please VO, I need a directive/clarification on this, last year I was denied an entry into USA at JFK and issued with 5 years ban based on the officer view that I obtained my B1 visa under false information, now I am married to a USA citizen, do I need to wait for the expiration of my ban before she start the filling process for me to join her or is there a way the ban can be lift/waive.

This is a question for my non-immigrant visa colleagues at https://www.nairaland.com/1792662/u.s-non-immigrant-visas-listening .

ohzee64:

Any suggestions on how to overcome this fact.

No, not really. That's not what this thread is for.

enye2000:
pls ma..is laminated birth certificate acceptable durin interview
.tanks

Yes, that's fine. We do prefer unlaminated documents, but we understand that many people laminate them.

Dia1:
My fiance was denied a k1 visa at his interview. We had enough proof, according to our attorney. My fiance brought extra proof to the interview, including one of our wedding invitations, but the officer would not even look at the documents he brought. He gave my fiance a denial letter that said ineligible under section 221g, stating we have not shown that we intend to marry within 90 days of his arrival in the US. But the letter gave no further direction, did not ask for anything more as proof, nothing. As I have seen other letter examples do. The officer told my fiance we did not have "color photos"- we did have them- and made a remark about our age difference (10 years). We had the evidence of our intent to marry within the 90 days. It seems like a denial based on a bias of the interview officer. Our wedding is ruined. We are going through heartache and hardship because of this man. Do you have any insight or suggestions on this? A letter is being submitted by a congressman. Our attorney is contacting the visa office.

When a beneficiary fails to convince a Consular officer that a relationship is bona fide, and the officer decides to return the petition for USCIS, the case is "refused" under 221(g) -- a so-called "soft refusal", meaning that the case is technically still open pending a decision from USCIS. But because K petitions are only valid for four months, often USCIS does not review them. Involving a member of Congress or an attorney doesn't change the process; post simply informs them of what I've just informed you. That said, the petitioner is free to file another K petition, or to marry the beneficiary and file a CR1 petition.

dreypapi:
Visa Officer,
I have a pending F1 petition which was filed on my mum who was a LPR as at when filed and now a citizen. Nvc has been updated with the new development but i will like to know if these will speed up the petition.
I will also like to know the priority date wich is been treated at the moment as mine is 040ct2010 with country of chargeability as nigeria.
Thank you

Actually, unfortunately, your waiting period is longer now that your mother is a U.S. citizen. When she was an LPR, your visa classification was F2B, and currently F2B petitions filed on or before Nov. 15, 2008, are eligible to be scheduled for interviews. However, for F1 petitions, currently F1 petitions filed on or before Nov. 1, 2007, are eligible to be scheduled for interviews. This is one of the few instances in which LPRs have an advantage over U.S. citizens.

It is possible to "opt out" of the conversion to F1, but that request should have been made to NVC before your mother naturalized, not after.

ohzee64:


I'm so happy to report that the consular officer will grant a second interview but I need to be present. .before our position expires. ..what types of evidence outside what I already had should I take and do you think we will get astokes interview even though we are not yet married? Any advice will help I'm so grateful

Wow, I'm surprised to hear this! But good for you. Just bring whatever evidence you have handy, and answer the questions honestly. Let us know how it goes.

jayjon:
Hello Visa Officer,

My husband visa was not approved today Aug. 21st.
At the interview he was told his divorce could not be proven and that the certified court seal papers he gave to VO was not good enough.
VO said the High Court Of Lagos State in the Ikeja Judical Division did not have a record.
My husband said they gave him the (221)g. paper.
My husband is going to the court to fix this problem. And I will send a Letter to LagosVI@state.gov. I don't want them to send us back to NVC.

He did get Legally divorced.

I don't know what to do I'm so hurt by this.

Well, from my point of view, when we ask the High Court of Lagos State to verify a divorce decree and they tell us it isn't genuine, we conclude that the divorce decree isn't genuine. So there's not really anything I can say that will help at this point. It does sound to me like a false document was submitted, sorry to say. (We do sometimes see people who submit fake documents because they have lost the original, but that's a really bad idea for obvious reasons.)

I thought you all might be interested to know that yesterday I had a chance to get some training at the National Visa Center (NVC), including a tour of the facilities. It's really amazing. You should see the MILLIONS of files, all neatly labeled and filed and tracked. (I felt just like Kristoff when he first sees Elsa's castle in "Frozen" -- "Whoa. Now, that's ice. I might cry... Ice is my life!" )

A few take-aways:

1. NVC was created to reduce the clerical burden on posts. In other words, they want to be sure that spouse petitions are accompanied by marriage certificates, and that a signed affidavit of support was submitted, etc., before they ship a case off. They're not interested in whether the marriage certificate is real or whether the spouses, once married, actually intend to live together as spouses. Those questions are for the officers at post. (I was used to the idea that "USCIS and NVC don't adjudicate; officers do," but I'd never heard it explained explicitly that NVC's primary role is to relieve our burden overseas by collecting the basic documentation, so we can focus on interviews and document verifications and so on.)

2. NVC's tracking system is really impressive. (Again, I felt like Kristoff at Elsa's castle.)

3.a. NVC is focusing on how to make processes better and quicker for petitioners and beneficiaries. For instance, you may have noticed that they no longer ask for certain original documents; they'd rather have photocopies, and ask beneficiaries to bring the originals to the interview, where in most cases they'll be checked and returned. And in the past, they often refused to schedule an interview until ALL the documents were properly submitted. These days, they'll let petitioners know that (for instance) an affidavit of support appears to be faulty, but instead of insisting on a new submission before an interview can be scheduled, they ask the families to bring the new document to the interview at post. So I think you'll start to see waiting periods for petition approvals become noticeably shorter very soon.

3.b. This doesn't mean they're not going to insist on having the correct documents submitted, especially if there appears to be a deeper problem, so anyone who's reading this and thinking they can just file haphazardly is getting the wrong message.

4. I got a chance to verify that sometimes when NVC tells you "Your case has been sent to post," what they mean is "Your case has been packaged to be sent to post, so please don't e-mail LagosIV@state.gov right away insisting that Lagos has your case already, because that's not what we meant. It should go out in tomorrow morning's mail, though; and then give it a couple weeks to get there, please. Thanks!"

5. Most important: The really cool part of talking to people at NVC was the way they all recognized that every single file on the shelf represents a human being who filed a petition and a family who wants to be together. Yes, processing so many cases requires a lot of bureaucracy and technology. But the humans at NVC are also really excited about helping the humans in Lagos and Manila and Reykjavik, etc. I'm glad I got a chance to talk with them.

Good day Visa Officer,

We received our interview letter scheduled for May 27, 2015 for EB3 visa category. On April 2015 we received another letter informing that our interview (may 27) is cancelled due to retrogression. However the US consulate in Manila opened a window for those applicants who completed the medical and other documents may walk in for interview from April 15-28. We were able to set an interview on April 22nd. We gave our medical result envelop, finger printing etc. done. During the interview were told the there is no visa available, and at the end of the window our passport was not given back to us. A few hours after i received an email from the embassy that they cannot proceed to process our application because there is no visa available and we need to wait for their email to instruct what we will do next. A month after our passport were given back to us thru mail saying our application still cannot be process until our priority date (july 27, 2007) becomes current.

my question is..

1. what is the probability that we will be included in the october visa quota (new quota for 2016 fiscal year)
2. do we need to go back to the consulate office and repeat the process once our priority date becomes current?
3. do we need to repeat our medical it will expire on October 22 2015 (6th month)
4. is there any chance of getting the visa this year?
5. my son will turn 21 on March next year 2016, is there a change he will miss his change to get his visa?


thank you in advance