Out of status in UK. Can we still interview there?

[nadia&sameer 12]

My fiance was in the UK on a student visa (from Pakistan). The home office had his passport bcz he had applied to extend and after a year was denied. The problem is he couldn't leave before his visa expired bcz the home office lost his passport and could not travel. He has applied for a new passport which we have now been waiting on for over a month. We have the opportunity to interview in the UK, but are worried we may go through the whole process and end up having issues bcz he is no longer legally in the UK. Has anyone interviewed in the UK without being in status or does anyone know if the US government cares about his status in the UK?

[Boiler 45,486]

He can not interview in a country where he illegal, will need to go home.

[nadia&sameer 12]

He can not interview in a country where he illegal, will need to go home.

That's what I thought. Thanks!

[Nich-Nick 3,354]

My fiance was in the UK on a student visa (from Pakistan). The home office had his passport bcz he had applied to extend and after a year was denied. The problem is he couldn't leave before his visa expired bcz the home office lost his passport and could not travel. He has applied for a new passport which we have now been waiting on for over a month. We have the opportunity to interview in the UK, but are worried we may go through the whole process and end up having issues bcz he is no longer legally in the UK. Has anyone interviewed in the UK without being in status or does anyone know if the US government cares about his status in the UK?

I have known some with similar issues with the UKHO. Look up a member called MARM. I think the problems are in her timeline. Her fiancé actually interviewed without a passport but couldn't get the vista until they finally wrangled it free from UKHO. Another from an African country got some special permission after the student visa expired.

Is the case at the embassy and have you submitted the forms and had a medical?

[nadia&sameer 12]

I have known some with similar issues with the UKHO. Look up a member called MARM. I think the problems are in her timeline. Her fiancé actually interviewed without a passport but couldn't get the vista until they finally wrangled it free from UKHO. Another from an African country got some special permission after the student visa expired.

Is the case at the embassy and have you submitted the forms and had a medical?

Thanks for the info. The case is at the Embassy. We thought he'd have his passport by now so he hasn't done anything since it is needed for the medical. We have the letter from London Embassy showing they lost it and proof another has been applied for so we can check to see if they will interview without it. Our main concern is if it is allowed to interview in a country where he is now technically out of status. I will look up MARM's timeline and hopefully get some good info.

Thanks again!

[Nich-Nick 3,354]

MARM's husband attended the medical using his driver license as photo ID. They had rescheduled the Interview over and over trying to get the passport back from UKHO. His student visa was extended so not exactly your case. Since you haven't submitted any forms, you might want to request transfer of youR case file to Islamabad.

Or you might want to use the contact form to ask London your options due to UKHO delaying your visa application because you had no passport.

Edited January 30, 2014 by Nich-Nick

[Boiler 45,486]

Thanks for the info. The case is at the Embassy. We thought he'd have his passport by now so he hasn't done anything since it is needed for the medical. We have the letter from London Embassy showing they lost it and proof another has been applied for so we can check to see if they will interview without it. Our main concern is if it is allowed to interview in a country where he is now technically out of status. I will look up MARM's timeline and hopefully get some good info.

Thanks again!

What do you mean by technically?

[nadia&sameer 12]

What do you mean by technically?

The UK denied his request to extend his visa. He received the notice on a Friday to leave by the following Monday but they did not return his passport so he couldn't do anything. After 2 weeks they finally admitted they could not find his passport and he would have to get a new one. At this point he was already out of status even though it was the UK's own doing. We were planning on going back to Pakistan to interview, but USCIS transferred the file to the UK. We were wondering since he has overstayed do we just get the passport and interview there or try to get it transferred to Islamabad and wait for his passport to arrive. It would be much easier for me to visit and interview with him in the UK which is why we're wondering if he should just stay there since he's out of status anyways. Our only question is if the US cares about his status in the UK. Can he interview and get a US visa if he has overstayed in the country he is interviewing in.

[Boiler 45,486]

He could not get a travel document for the Pakistan Consulate. I know if you were English in the US with that issue you could get a one off travel document to get home.

Does USCIS know he is illegally present in the UK, I am surprised they would have sent it to the London Consulate knowing that.

[nadia&sameer 12]

He could not get a travel document for the Pakistan Consulate. I know if you were English in the US with that issue you could get a one off travel document to get home.

Does USCIS know he is illegally present in the UK, I am surprised they would have sent it to the London Consulate knowing that.

At the time of applying he was in status. We had requested for the file to be sent to Islamabad, but they sent it to the UK. When I talked to NVC they said he had to interview in UK bcz that was where he was at the time of application. Because of the long wait and losing the passport with no way to leave he is now out of status. We have been completely upfront with our situation with the UK Embassy. We emailed them asking if he can interview if he is out of status and if there was any way to interview without a passport. We received one line back stating he needed to have a valid passport. They did respond to the part asking if his status would matter. We emailed back to clarify, but then never heard from them which is why I decided to ask on VJ.

[N-o-l-a 7,167]

At the time of applying he was in status. We had requested for the file to be sent to Islamabad, but they sent it to the UK. When I talked to NVC they said he had to interview in UK bcz that was where he was at the time of application. Because of the long wait and losing the passport with no way to leave he is now out of status. We have been completely upfront with our situation with the UK Embassy. We emailed them asking if he can interview if he is out of status and if there was any way to interview without a passport. We received one line back stating he needed to have a valid passport. They did respond to the part asking if his status would matter. We emailed back to clarify, but then never heard from them which is why I decided to ask on VJ.

I would take their lack of a response as an OK on the matter. Rather than risking a diplomatic issue over them saying it was alright for him to be out of status in the UK in writing, they are choosing to not respond. See, they could have just said no.

That is totally what I'd personally do and in no ways an endorsement on staying illegally in the UK.

[Boiler 45,486]

I have never come across someone illegal in the UK being able to interview at the US Consulate in the UK. You may be a first.

[nadia&sameer 12]

I would take their lack of a response as an OK on the matter. Rather than risking a diplomatic issue over them saying it was alright for him to be out of status in the UK in writing, they are choosing to not respond. See, they could have just said no.

That is totally what I'd personally do and in no ways an endorsement on staying illegally in the UK.

I'm hoping that's the case, but I'd rather not risk doing all the work in the UK to find out we can't interview when we get to our appointment.

[nadia&sameer 12]

I have never come across someone illegal in the UK being able to interview at the US Consulate in the UK. You may be a first.

Boiler - Do you know of anyone that was out of status in the UK that was turned down at their interview? I have been getting so many mixed responses. I have one group of people (outside of VJ) that are saying that the US Govt does not care about anyone's status in another country (with the exception asylum). The other side says illegals cannot interview, but I cannot find a policy anywhere saying that. I'm still not sure what we should do. For now, he's stuck in the UK until he can get his passport.

[Boiler 45,486]

The UK has many illegals, but I am going to assume that not many of them will be applying for US Visa's.

I remember a Nigerian a few? years ago, but not something I keep an eye on.

There was something on the Consulate web site about not interviewing visitors to the UK, how much more so those there illegally?

They do not want people to Consulate shop. Plus how can you do checks on people.

The UK has many illegals, but I am going to assume that not many of them will be applying for US Visa's.

I remember a Nigerian a few? years ago, but not something I keep an eye on.

There was something on the Consulate web site about not interviewing visitors to the UK, how much more so those there illegally?

They do not want people to Consulate shop. Plus how can you do checks on people.

He can not get a travel document, are you sure?