In South Africa on Expired Visa

[CallaLilly 0]

My fiance is from Nigeria but currently lives in South Africa. His original visa has expired but is waiting for the new one and has a receipt showing so. Home Affairs South Africa told him it gave him legal status to be there until the visa is renewed or denied. If it has not been issued or has been denied will this be a problem at his interview for his K1 visa to the US?

Our NOA2 was Aug 22, So I am hoping for an interview early October for him. Am Very upset things might upset all that we have taken great pains to make sure was perfect.

[TBoneTX 45,293]

You might pose this question to the consulate where he will interview. Go atop any VJ page, click "Embassy Info," and find the appropriate contact information. Let us know what you're told.

[Olakunle39 11]

I am also from Nigerian living in pretoria and i got my CR1 visa last august, your husband must have a valid residence permit prior to his interview date, if not, he will be asked to wait until his residence permit is ready before he can go to Joburg for his interview or attend the interview nand get denied. The US embassy requires all temporary residents to have a valid residence permit before they can apply for any type of US visa.

[CallaLilly 0]

I am also from Nigerian living in pretoria and i got my CR1 visa last august, your husband must have a valid residence permit prior to his interview date, if not, he will be asked to wait until his residence permit is ready before he can go to Joburg for his interview or attend the interview nand get denied. The US embassy requires all temporary residents to have a valid residence permit before they can apply for any type of US visa.

Ok so, since they seem to be dragging their feet on this resident permit and we don't know how long it will be to get it. Would be be better , and able to, transfer his interview to Nigeria and he just go home for the interview?

[TBoneTX 45,293]

Typically, folks would prefer NOT to interview in Lagos.

[CallaLilly 0]

Yeah, I know it is what we are talking about right now, he is convinced it is the only thing to do. I am trying to tell him most likely we will be denied. Too many red flags for Lagos but he insists is the only thing to do. Because even tho the SA government considers him a legal resident the US wont. All because of the previous comment on here. I dont know what to do, I guess send the email to change consulates and hope it isn't the final nail in our coffin

[Olakunle39 11]

Let me tell you this...The best option for him is to stay in South Africa, its better he spends 1-2 more months receiving his new resident permit and attend the interview here successfully than be in ha hurry and go to Lagos get scrutinized,get denied and start all over again, thats another 7-10 months process from scratch, think about it....i am talking from the experience that i had with the US embassy in Joburg, first; The US embassy in South Africa does not have backlog of applications because only few people apply for visas here compare to Nigeria where the US embassy attend to over 1000 applicants daily...we where just 12 applicants both immigrant visa and non Immigrant visa on my interview date so there's 100% chance that his interview date will be set on time from NVC..second..the US consular is easier on South Africa resident for interview compare to Lagos. I am just giving you all this tips willingly but the final decision is yours...What's worth doing is worth doing well.

[CallaLilly 0]

Ok, so spoke to a very nice man at the consulate. Explained the whole thing to him. Answer is this, if the receipt says legal status, we are ok. If it doesn't we just need a letter from Home Affairs that says the receipt is legal status. And to top it all, Home Affairs gave him a Temporary Seeker of Asylum while they processed this so he has a legal permit if stopped. So we are good. The asylum permit is enough for legal status to get a US visa. To be honest if we had known that we would have just gone with that and not spend 4000R on the other permit. Since he will be leaving in a month anyways. ugh.

AND... the very nice man said yes things are going slow getting into the NVC database, if no case number next week call him back he will get them to find it and get it entered for him. WOOOOOOW!!! Are you kidding me? Someone offering to help beyond what you are asking for? And we were so prepared to sit back and wait the 4-5 weeks everyone is waiting. Next Thursday is 4 weeks so I think instead of causing possible delays to people around us we will wait until at least 5 weeks before we call in that favor.