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KINDLY NEED YOUR ADVISE

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hello members,greetings to u, 

we have been scheduled in may for our interview at the american embassy Nairobi kenya. my wife has a pending contract in the UAE  but has been denied coming back by her bosses until her contract expires. we won this lottery with our child aged 8..some one was telling me that our visa might be delayed if the wife is not around, besides that they cant allow me go with the child without some documents from the mother..my wife has admitted saying is ready to let us go in USA and then after will file for her CR1 (SPOUSE VISA).

NB. The contract of my wife will expire next year and this means the case will have been expired..

QN1. what documents do i need from her to let me go with the child? 

 

QN2. wont  that incident of my wife not around at the interview cause denial ?

 

QN3. my wife and child her on my case, generally what can i do to over come this issue after realizing the mother of my child is not attending the interview with us?

 

am always grateful for your advise 

 

thanks 

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What legal basis does her boss have to effectively keep her a slave in the UAE?! What’s to stop her just getting on a plane and flying home? 

 

as for the rest of it, first I presume you won and not your wife? If it was her you won’t be able to proceed. If you were the selectee, your wife not being there won’t cause denial for you, but yes you’ll need some form of permission to take your son, ask the Nairobi consulate what you need. A spouse visa (not CR1, that’s for citizens) is WAY more complicated, long and expensive than doing it the DV route. It could take more than a couple of years after filing before she can come and join you. So you’ll be apart what 3 years?! Is this really viable? Tell her to get herself out of the uae. If her boss is doing something illegal to keep her there, get your consulate involved.

 

 

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6 minutes ago, SusieQQQ said:

What legal basis does her boss have to effectively keep her a slave in the UAE?! What’s to stop her just getting on a plane and flying home?

Some countries have much more strict exit controls, and have certain requirements before they will permit you to board a plane leaving the country. I don't know about the UAE myself, but I know employers in KSA used to hold the passport until you completed your exit. In other countries, different legal obligations are cause to hold somebody's passport (i.e. loans, child support, etc.).

 

Now, can the citizen's embassy/consulate in the country issue a new one or another form of a travel letter to exit? Potentially. Or can you file for emergency exit with whatever authority has the passport? Usually.

 

Heck, even the Philippines has some requirements. For instance, if I have a K-1 or immigrant visa in my passport and am a Filipino citizen, they won't let me fly to anywhere until I complete the government's CFO requirements.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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A quick google shows that while it’s common for employers to hold passports in the UAE, it’s not legal. She should go to her consulate to seek assistance imo.

 

https://www.guide2dubai.com/living/laws-and-regulations/passport-retention-rules

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