Last leg of IR-1 process...

[ChaosKnign 0]

Hi guys,

As per usual. Long time reader, first time poster. I've found a wealth of information and want to thank everyone for taking time to post your experiences for people like me. I have been using this site to help me answer questions about the immigration process for my wife and I.

We're on the last leg of the process and wanted to tap you guys for information and personal experiences regarding some ???s I have.

First off, the specifics:

I'm the US Citizen, my wife is Chinese. I lived in China for nigh 4 years. We married in China, the US and Mexico (yep, with certs from all three). We've been married for almost 4 years now. My wife lives in Mexico (Teaching Mandarin at a University). I moved back to the States to test the unemployment waters (thankfully, I landed a dream job). During the time I was testing the waters, she had a summer holiday, so she decided to come visit me, she got sent back at the border and her B-(?) cancelled. Seeing no other choice and my stability in my job led me to petition for her IR-1 in the States, California Service Center, did all that, paperwork got sent to NVC in Portsmouth, NH. Case completed as of January 27. We're assigned to the US Embassy in Cuidad Juarez (God help us).

So... here are my questions (which I will ask the Embassy when I call them, just wanted to see if anyone knew for sure since I can't seem to wait. )

1. The automated system says the case is completed, but has not changed to the automated message where it says it has been sent... how long does that usually take?

2. Can I, do I, should I go in with her to the Embassy and/or do they need to interview me as well?

3. Medical Exams in Mexico, do they HAVE to be from one of the two medical places in Cuidad Juarez or are there other places/cities that can do them?

4. In the case of having to do the medical exam in Cd. Juarez, do I schedule an appointment or just show up on any day... or is my wife assigned a date?

5. Vaccinations. I don't think she's had any, and if so, any records will be nicely kept and not given out by the medical institutions that have them in China (Not really an option to wait on their whim were we to ask for them anyway). Can they be done at any medical facility or are there certain ones or only in the medical place in Cd. Juarez?

6. There are really no strange circumstances about us. She's living in Mexico with an FM-2 (Mexican version of an IR-1, she's been there for... 2 years?), she's been in the US one time, we didn't overextend our welcome, we turned in the paper when we left, we're actually married, no criminal record, my job provides enough for both of us, no children. On what grounds can she be rejected, and if she is rejected, what's the procedure to contest the rejection? Is it done immediately, do I have to send more paperwork to NVC?

7. If/when she is accepted at the US Embassy in Cd. Juarez, do they send out her passport to the local DHL office so we can pick it up and cross the border or do they have to send it to our apartment in Mexico like the B-1/B-2 visas? If they send it to the local office, is that same-day?

8. How does Customs in the US fit into all of this? If she's been approved by the USCIS, NVC, and the US Embassy... do they just check the paperwork and verify or is there another interview (and in the Customs' case harassment) process we have to go through with them? Can they not allow her entry? If so, on what grounds? If she is rejected, what is the appeal process?

Mostly, these questions are to avoid any last minute panic sprints like when she was denied entry with her B-(?) visa. We had to extend the car rental, find a hotel that would accept pets, my family members had to move some plans, it was a nightmare. This time, I want to be prepared in case there's any hiccups and not get caught with my pants down. Depending on the answers to these questions, depends on whether I'm driving to Cd. Juarez to attend or pick her up and drive back or whether she flies in. The length of time we'll be incarcerated in our hotel room and Cd. Juarez in general is also dependant.

If there's anything else I'm not thinking about that might behoove me to take into consideration, let me know. =D

I thank y'alls feedback in advance. =)

Adan

[lucyrich 20]

I'm leaving a lot of questions un-answered. Others may chime in.

2. Can I, do I, should I go in with her to the Embassy and/or do they need to interview me as well?

The answer to this one varies from one consulate to the next. In many asian consulates, the US Citizen is not allowed inside. In (almost?) all the latin american consulates, the USC is allowed in during the interview process, and the presence of the US Citizen often seems to be very helpful.

Your presence is not legally required. But if you can manage to be there, it will probably be helpful.

6. There are really no strange circumstances about us. She's living in Mexico with an FM-2 (Mexican version of an IR-1, she's been there for... 2 years?), she's been in the US one time, we didn't overextend our welcome, we turned in the paper when we left, we're actually married, no criminal record, my job provides enough for both of us, no children. On what grounds can she be rejected, and if she is rejected, what's the procedure to contest the rejection? Is it done immediately, do I have to send more paperwork to NVC?

If you want to look at all the possible grounds for rejection, see INA 212. You can look at it by going to the uscis.gov web page, clicking on the "laws" tab, and then "immigration and nationality act", and another time on "immigration and nationality act", and finally "ACT 212". It's dry reading.

It doesn't sound like you have any obvious problems.

On the off chance that you get a rejection, it's important to stay as calm as possible and inquire about the next course of action. Make sure she doesn't leave the consulate before she gets a paper that describes why she is being rejected. It'll probably be a reference into INA 212, such as 212(a)(9)(B) (that would be the code for a previous overstay). Also try and make sure she understands whether it's a delay (for example, we have to wait for some vaccination records to be received, and then you'll get the visa), or a denial (for example, we believe you made a willful and material misrepresentation of fact on your application, and we are returning your paperwork to the USCIS).

8. How does Customs in the US fit into all of this? If she's been approved by the USCIS, NVC, and the US Embassy... do they just check the paperwork and verify or is there another interview (and in the Customs' case harassment) process we have to go through with them? Can they not allow her entry? If so, on what grounds? If she is rejected, what is the appeal process?

The port of entry will be easy. They'll mostly ask routine administrative questions such as querying what address to use for sending the green card. They DO have the ability to turn any alien away, so be polite and respectful, of course, but they won't turn her away arbitrarily. They'd have to find a reason to turn her away, and the reason would have to be something that the people who issued the visa hadn't already investigated. The won't re-visit the things that were already covered in the visa interview. The whole purpose of the visa process is so that the time consuming difficult stuff can be handled at a consulate, and leave the port of entry relatively streamlined.

Though it's possible, I've never heard of anyone being turned away at the port of entry with a CR-1 visa. I have heard of K-1 applicants being turned away when the officer noticed evidence that they might have been married (K-1 is for unmarried fiancees only), but that's the only serious port of entry problems I've heard of here on VJ.

[Lia792 5]

Hi Adan,

1. I'm confused as to where you are at. I assume your case just got sent through USCIS and now you are about to do Packet 3. Have you already sent in your I-864 and DS-230? NVC schedules appointments for Ciudad Juarez and my understanding was that as soon as they process those documents I just mentioned they send you your interview date and time and Packet 4. So you would need to be calling NVC not Ciudad Juarez regarding an interview being set up. It takes a bit for it go get from USCIS to NVC; other members would be more knowledgeable about that timeline.

2. You can't go into the embassy with her for the interview at CJ, but you can accompany her for the trip if you think it would comfort her. Plus, Ciudad Juarez is a dangerous place for a woman to be alone.

3. Medical Exam: only at the 2 places listed on the embassy website.

4. You can show up any day, but I think you have to be quite early or they don't give you your results that same day.

5. I have yet to hear of any beneficiaries living in Mexico having luck with bringing vaccination records from a Mexican doctor. I HAVE heard of being getting double vaccinated at the medical clinic because the clinic will not accept their records.

6. Most likely she won't be rejected although I would definitely watch out for CJ's habit of banning people for 3 years when they admit to having tried drugs at any point in their lives no longer how long ago. You can look up inadmissibility; there is criteria for that. If you don't have all the required documents, they can delay a visa until you have them. I don't know if she needs police certificates. That is something you should start looking into ASAP. Sometimes embassies deny people if they don't have enough proof of a bonafide relationship although I can't really think of any CJ cases like that on the boards. They can also deny for health reasons or really any other reason they feel like, but CJ is usually pretty easy for straightforward cases.

7. DHL: you have to pick up the visa at the local DHL. It can take anywhere from hours to days. You can't have it sent to your house or another DHL or pick it up at the consulate. They are weird about that.

8. They can reject her if for example she has a criminal record or something that the Embassy ignored but that happens extremely infrequently.

The US govt tends to prefer that people with chances of immigrating apply for immigrant visas, so you should fare better than with a tourist visa. Did they explain why they took away her tourist visa? I am concerned that they took it away and how that might affect your case. Most people say to allow for extra time as things are a little unpredictable with the medical exams and when they give you the visa. It is a minimum of 3 days, one for the medical, one for the visa interview, and one to wait for the visa. It could be two but that is highly unlikely and most people end up spending more than 3 days there.

Good luck!

[ChaosKnign 0]

Hi guys!

Thanks for the replies!

I already had a timeline, didn't know it didn't get automatically attached, sorry about that.

Being CDJ, I wouldn't go anywhere near that place willingly, let alone my wife by herself. I was wondering whether I had to hole myself up in the hotel or whether I had to go in with my wife to the interview.

Her B-2 visa got rejected because we were married and hadn't applied for the IR-1 visa. We told the truth, basically, she was visiting me and wanted to stay as long as possible to see how my job and stability worked out. If everything was cool with my job then we would go through the AoS Procedure. Depending on the length of time they gave her depended on when she would go back to the University to teach or whether she would go back at all, so the University didn't sign a new contract when she left during summer vacation. They stated she didn't have enough evidence to prove she was returning and that her intention was to immigrate. Seemed silly since she explained that very same thing, even during her interview at the Embassy in Mexico City. To be honest, they should have educated us on the impossibilty of our situation/intention instead of handing us a crash helmet and having us run into a wall head first.

I figured at that point that might as well go through the IR-1 process since she would be staying for the next two semesters anyway... and here we are. =)

So in summary:

I'll call the NVC tomorrow and find out what's going on with the interview.

I won't worry about the Medical/Immunization records, we just show up early (I'll call the hospital to find out at what time they open) and she'll get what she needs. I guess I'll plan to be there two days before the interview then, just in case they don't get us the results back that same day.

I'm not worried about her getting rejected. Like I said, no weirdness in our case. We don't do drugs, we're not part of any affiliation nor have any beliefs regarding social/political climates, neither of us have criminal records (I have and have sent her police certs from China), no children, our marriage is bona-fide (like I said, married in three different countries, with ceremonies in two, been married for almost 4 years), we talk and see each other every day on Skype and we're logged into messaging programs on our phones when we're not home to keep in touch during our days... really nothing at all. So, I'll just make sure she gets specific instructions in case she does get rejected, but other than that, not worry about it.

I'll add an extra day to our CDJ adventure to wait for the delivery of the visa at the local DHL office. I'm bolting as soon as we get it though, I don't care what time of day or night, don't want to stay in that place for more than I have to... it gives me the willies. I'll be driving to CDJ in my own vehicle so we can take off when we please. *I heard there is a specific bridge you have to go through if you have an immigration visa, I'll make sure my wife gets that info from the Embassy, question though, are there specific times?*

And I guess I won't worry about Customs then... just seems like a big difference of harassment from border town (specifically Brownsville, TX) Hispanic Customs compared to the Customs officers we spoke with the first time we came in (through Houston, TX). And yes, I'm a legal dual-citizen of Mexico and the US, so I can say that without being a racist/nationalist. =D The first time we went to the states, she got a C-1 (Transit) visa. We flew in to Houston, Houston-Brownsville, and WALKED across the border. We didn't get any ####### at all even though our final destination was still within the US and she had a transit visa. Which is what surprised us when she got harassed and rejected with a B-2 visa... and stating exactly what our (perhaps ignorant) intentions were. (She had two 8-hour movie-style interviews on separate days, the first day, I had to cite Geneva Convention laws about letting prisoners go to the restroom and have at least bread and water every 7 hours in order for them to let her go to the restroom and have something to eat. Yep, that bad.) I guess we'll go through El Paso... even though we were thinking of having her fly in, again through Houston, to avoid the Hispanic theatrics of border town Customs. *What would you guys suggest? =)*

I guess the rest is a fruit awaiting the ripening... nothing for it but to sit and wait.

Thanks again for your help and feedback! I'd still be interested to see y'alls opinion about flying in and if someone has some knowledge about whether there are specific entry times for immigrant visa holders at the specific bridge I'd love to hear from you. =)

Take care now,

Adan

[Lia792 5]

Oh, now I understand about the visa. The IR-1 visa should be exactly what they want then. On VJ people talk about AOS a lot, so you will realize that using a tourist visa with intention to immigrate and do AOS is immigration fraud. It's a really bizarre thing, but people can only do AOS if they did not enter the country with the intent to immigrate - not that many don't do it, but that's the legalese of it. That's why they gave her such a hard time, although clearly CBP does take that kind of stuff overly seriously. Since you didn't lie, that is definitely in your favor.

A lot of people do hole themselves up in the hotel, and supposedly there is a mall close by, although I don't know how safe I would feel staying in a public place as I have heard about daytime shootings at the Wendys and Dennys nearby. Although from the way the most recent massacre is being talked about in the news, I hope they might put some changes into effect regarding safety. Supposedly SOs cannot go into the actual medical exam, but there is a lobby at one of the medical clinics. All of this is nearby the consulate. Here's a link to threads about CJ and where to stay and stuff. The most universally recommended place is the Holiday Inn Express Las Misiones but it's not the cheapest.

http://www.smf.juarez-mexico.com/index.php?board=2.0

Once you have the visa I doubt they would give you any trouble with customs. At the embassy, they will suggest you "activate" the visa at a specific bridge they tell you in Juarez - it changes per person. It is up to you whether you want to do that. There are specific times which I can't remember at the moment, but it's something like regular business hours. Those are the times when they are prepared to process the visa. I have heard about people coming later and having the CBP complain a lot. Since it is an IR-1 visa (multiple entry) you can or not do that, and then enter POE wherever you feel most comfortable.

Do you mean flying in to CJ or out of Mexico? I really doubt they would allow her to enter the US with the last fiasco, so I would just fly into CJ's airport and avoid that. As far as POE after getting the visa, I bet you will have no problems at all so it's really up to you

Mmm the warning about the drug ban - most of the people that got it were not drug users at all. They "inhaled" once, some of them many years before the interview, and for some reason that meant they could not come into the US for 3 years. The people at the medical pressure and pressure the beneficiary to say they did drugs. That is the only really bizarre element I have heard about in the interviews in CJ.

Good luck with your interview date. I'm not really sure who you should get in touch with about the interview date and Packet 4, so NVC might send you to the consulate to call them, but I'm pretty sure NVC schedules for CJ and issues the letter, although all of Packet 4 (what you need for the interview) is on the CJ embassy website.

[ChaosKnign 0]

Hi once again!

I called the NVC and this is what I got:

The NVC does indeed schedule interviews for CDJ. The lady that answered the call stated that interviews are done once a month for the following month on the second week of the current month (in our case, the schduling is done on the 2nd week of February for appointments in March). I did the whole NVC procedure online, so my wife and I, both, are going to receive an e-mail with the interview date (I guess we have to print out the appointment letter). *On a side note, to anyone that's going through the immigration process, DO go through the online procedure for the NVC, it's way quicker and all communique is done through e-mail, all payments are onlline, looks like government is finally catching up... 30 years after the fact, but hey... /shrug*

About medical facilities, she pointed me to their site which lists the qualifying places (I had already checked there) so those two hospitals in CDJ are the only places that you can do medicals for Mexico.

Everything else she referred me to the Embassy.

My wife's going to take a bus to CDJ and I'll pick her up at the bus station. What I meant about flying was flying into the US after she received her IR-1, but since the Customs affair would be mostly just administrative, I guess we'll just go through El Paso. I can't bear to see her leave again...

I found that link most helpful. Got some good maps and a better idea of what the hotel options were.

Thanks again Lia and Lucyrich!

Adan