Who to Believe?

[chris4336 3]

Forgive me as I am new to this process, but I called today the Non-Immigration Visa Unit hotline in Spain, and they told me that since my fiancee does not have legal status in Spain, they will not be able to process the fiancee visa or the I-130. However, I called the embassy in Madrid and they told me that as long as he has an address in Spain they will be able to process both????

What do you think?

[Jenn! 918]

Forgive me as I am new to this process, but I called today the Non-Immigration Visa Unit hotline in Spain, and they told me that since my fiancee does not have legal status in Spain, they will not be able to process the fiancee visa or the I-130. However, I called the embassy in Madrid and they told me that as long as he has an address in Spain they will be able to process both????

What do you think?

I've always been told that you must be legal in order to use the consular services of a particular country. I know it's so hard when you get conflicting information. I hope you can find a definite answer soon!

[sarah and hicham 3]

I thought that you had to petition from the country of citizenship.... but I might be wrong.

[Jenn! 918]

I thought that you had to petition from the country of citizenship.... but I might be wrong.

There are quite a few people who have used consular services of their country of legal residency, not necessarily of citizenship, without problems.

[sarah and hicham 3]

I thought that you had to petition from the country of citizenship.... but I might be wrong.

There are quite a few people who have used consular services of their country of legal residency, not necessarily of citizenship, without problems.

Oh I see... but he doesn't have legal residency in Spain, right? Thanks for the info Jenn.

Good luck with your petition I hope you can work something out.

[meauxna 15]

We spent considerable effort & expense to get the 'right' residency permits before filing our 3rd country case.

No one ever asked to see the damn things.

The pay-to-call lines for visa information are usually staffed by contractors, not immigration employees.

Fiance/spousal visas are processed by the Immigrant Visa Unit of a Consulate (not the NIV section).

[sarah and hicham 3]

I'm confused... if her fiance does his interview in Spain won't they want to see his birth certificate and won't it be from Algeria? I am just wondering if they would accept it. I find this question to be interesting sorry ti invade!

Sarah

[Jenn! 918]

I'm confused... if her fiance does his interview in Spain won't they want to see his birth certificate and won't it be from Algeria? I am just wondering if they would accept it. I find this question to be interesting sorry ti invade!

Sarah

I think what she's saying is that technically you should be a legal resident of the country whose consulate you are using. However, at least in their case, they were never asked to see any proof of legal residency.

So maybe what we can conclude is that the OP should just give it a shot. The worst that could happen is that the consulate refuses the case and transfers it to Algeria? Then the OP will have to figure out the issue of the ban in Algeria.

[sarah and hicham 3]

I'm confused... if her fiance does his interview in Spain won't they want to see his birth certificate and won't it be from Algeria? I am just wondering if they would accept it. I find this question to be interesting sorry ti invade!

Sarah

I think what she's saying is that technically you should be a legal resident of the country whose consulate you are using. However, at least in their case, they were never asked to see any proof of legal residency.

So maybe what we can conclude is that the OP should just give it a shot. The worst that could happen is that the consulate refuses the case and transfers it to Algeria? Then the OP will have to figure out the issue of the ban in Algeria.

yeah... I agree I think she should go for it then.

[meauxna 15]

I'm confused... if her fiance does his interview in Spain won't they want to see his birth certificate and won't it be from Algeria? I am just wondering if they would accept it. I find this question to be interesting sorry ti invade!

Sarah

I think what she's saying is that technically you should be a legal resident of the country whose consulate you are using. However, at least in their case, they were never asked to see any proof of legal residency.

So maybe what we can conclude is that the OP should just give it a shot. The worst that could happen is that the consulate refuses the case and transfers it to Algeria? Then the OP will have to figure out the issue of the ban in Algeria.

On the nose, jenn.

There's a saying in Spain.

"If it goes, it goes."

Very useful for life there.

Edited June 8, 2006 by meauxna

[Cygnet 0]

There are quite a few people who have used consular services of their country of legal residency, not necessarily of citizenship, without problems.

Yes, but that's it. You need to be a legal resident of that country.

Here in Canada, for example, they require non-Canadian citizens proof that they are legal residents. And I remember reading that. You'll have to show a permanent resident card or some other type of visas (like maybe a student visa?).

Chris, I think you'll need to look more into this. Maybe Madrid isn't strict, but I think it's best if you get all your information right. Try emailing the consulate or try phoning them directly instead of the hotline.

[chris4336 3]

Thanks for all the advice. I know that my posts might seem all over the place, but we are just trying to figure out all our options now. He is illegal in Spain, but has an address there, and the woman on the phone told me this was he needed.

To add more craziness to this, he now has an appointment in July with a Judge to see if they will give him legal residence...

Tomorrow I will try to get more information from the consulate in Madrid.

Thank you!!!!!

Christina

[Omid 0]

Something else to consider is the police certificate... I would imagine if he's been there for at least six months then the consulate would be expecting one from there - so wouldn't that pose a problem... how do you get a police certificate/clearance from the locals if you're illegal, unless of course it's not considered a crime there???? he may risk being deported from the country of illegal residence... also, wouldn't the illegal entry affect the issuance of a US visa? I don't really know the answers - just thoughts that came to mind...

Edited June 8, 2006 by Omid

[onwa 6]

MY husband is from Nigeria but interviewed in SOuth Africa. According t the informaton I got when deciding if he should remain in SOuth Africa or go back to Nigeria:

1) You must be legal...but not necessarily a legal resident---my husband had a student visa

2) It is up to the individual consulate whether they choose to let the interview happen there.

I was very excited when NVC told me they had forwarded my case to South Africa. Police reports can be tricky, but just plan well in advance. we were able to get our K1 visa in 3 1/2 months (from file to interview) if we had done it Nigeria it would have taken closer to a year.

Good luck!

[iceyspots 0]

I would just wait until after what the judge says about his status. That would help you proceed further with the case.

حظ سعيد صديقتي

Edited June 8, 2006 by iceyspots