K1 Visa - Interview and Beneficiary Residence?

[Bri&Alejandro 82]

Hello all,

 

I am not sure if I posted this to the correct spot, please correct if so. 
 

My fiancé is from Venezuela but currently residing legally in Peru. We have sent our paperwork and are awaiting approval. 
 

Without going in to too much detail, he is miserable in Peru and suffering from severe depression as a result. We are discussing him going to another country. Going back to Venezuela is not an option. 
 

If he were to travel to another country, would he need to obtain a legal resident status before he could have his interview? Or would he be allowed to interview in a country on a tourist visa?

 

Thank you for your help! Please send us some good thoughts, I am terribly worried for him ❤️

[Yayitaj81 1]

Hi my name is Daianna i’m in a similar position. I’m from Venezuela living in Valencia Spain and my husband is asking for my visa with a I-130A . He is permanent resident I had to leave Venezuela because of the bad situation. If your husband will move from Peru he’ll be asked to attend consular interview in the country he is residing at the time you entered his application. For example! USA embassy in Venezuela is Closed so he will be called to US embassy in Bogotá. If he gets a new residence in other country before you receive NVC Number casé you can change the country of consular appointment presenting legal proof of new residence. I never got this part I asked several times to be changed to Madrid and they never did. My consular appointment was in Bogotá and they left me stuck in Colombia for three month because I entered in form 221g because I had Expired police records. Till today my case is not solved and I had to ask for my passport to come back to Spain without any resolution. I hope this could help you!

[Bri&Alejandro 82]

3 hours ago, Yayitaj81 said:

Hi my name is Daianna i’m in a similar position. I’m from Venezuela living in Valencia Spain and my husband is asking for my visa with a I-130A . He is permanent resident I had to leave Venezuela because of the bad situation. If your husband will move from Peru he’ll be asked to attend consular interview in the country he is residing at the time you entered his application. For example! USA embassy in Venezuela is Closed so he will be called to US embassy in Bogotá. If he gets a new residence in other country before you receive NVC Number casé you can change the country of consular appointment presenting legal proof of new residence. I never got this part I asked several times to be changed to Madrid and they never did. My consular appointment was in Bogotá and they left me stuck in Colombia for three month because I entered in form 221g because I had Expired police records. Till today my case is not solved and I had to ask for my passport to come back to Spain without any resolution. I hope this could help you!

His interview currently will be in Peru as he is no longer living in Venezuela. His interview will be for a K1 visa which was form I-129f

 

I have not been able to find any information that states that I have to provide proof of his new legal residency if he moves. Did they request that proof from you when you requested the embassy be changed to Madrid?

[payxibka 10,045]

8 hours ago, Bri&Alejandro said:

Hello all,

 

I am not sure if I posted this to the correct spot, please correct if so. 
 

My fiancé is from Venezuela but currently residing legally in Peru. We have sent our paperwork and are awaiting approval. 
 

Without going in to too much detail, he is miserable in Peru and suffering from severe depression as a result. We are discussing him going to another country. Going back to Venezuela is not an option. 
 

If he were to travel to another country, would he need to obtain a legal resident status before he could have his interview? Or would he be allowed to interview in a country on a tourist visa?

 

Thank you for your help! Please send us some good thoughts, I am terribly worried for him ❤️

Consulate shopping is not allowed.   You need to prove residency which is not the same as touristing.   

[Bri&Alejandro 82]

21 minutes ago, payxibka said:

Consulate shopping is not allowed.   You need to prove residency which is not the same as touristing.   

Thanks for the input. We are not “consulate shopping” or “touristing”. My fiancé is a refugee who had to flee his home country and is experiencing extreme hardships in the current country that he is in

[Bri&Alejandro 82]

When I look at the instructions for the K1 visa all I can find is that the NVC will send the packet to the embassy which is closest to the beneficiary, I can’t seem to find anything that states that they must prove any residency. I am simply asking in case there is anyone in this forum who has been in this situation

[payxibka 10,045]

29 minutes ago, Bri&Alejandro said:

Thanks for the input. We are not “consulate shopping” or “touristing”. My fiancé is a refugee who had to flee his home country and is experiencing extreme hardships in the current country that he is in

Except your previous post used the term "tourist" visa.  Tourist visa infers touristing.

[payxibka 10,045]

39 minutes ago, Bri&Alejandro said:

When I look at the instructions for the K1 visa all I can find is that the NVC will send the packet to the embassy which is closest to the beneficiary, I can’t seem to find anything that states that they must prove any residency. I am simply asking in case there is anyone in this forum who has been in this situation

Plenty of reports where NVC assigned consulate has refused to interview due to inability to provide evidence of residence.  

[Yayitaj81 1]

1 hour ago, Bri&Alejandro said:

His interview currently will be in Peru as he is no longer living in Venezuela. His interview will be for a K1 visa which was form I-129f

 

I have not been able to find any information that states that I have to provide proof of his new legal residency if he moves. Did they request that proof from you when you requested the embassy be changed to Madrid?

I called NVC and they told me that I could change address in the system if a had proof of new legal residency. You just have to submit new documents in the inquiry section and they should respond. But as I told you! I tried to and was not possible because they didn’t do it. I demonstrated that I had new residency and they didn’t change my place of consular appointment. Even I tried during three month sending my documents. You could try if you want or can. But I really think your fiancé gonna have his appointment in Perú.

[belinda63 3,039]

1. You need to have legal residency in the country you interview in UNLESS there is no embassy in that country. Then you can pick (to a degree) what embassy you will interview at.

2. When you request a change of embassy you might have to wait until the old embassy receives the paperwork then request the change with them and the new embassy. It takes a while for it to be transferred.

[Bri&Alejandro 82]

Thanks for all the answers. We are stuck between a rock and a hard place. My fiancé can’t get refugee status in another country because it was already approved in Peru and he can’t return home. 
 

I keep trying to encourage him that he only has a few months left in Peru. Without divulging too far into what is going on I fear he may not make it a few more months. It’s a tough situation. My heart hurts for him

[carmel34 3,639]

For visa interviews, an applicant needs evidence of legal residency in the country, tourist status is not legal residency.  Proof of a physical residency like an apartment lease is not enough, depending on the country it can take a long time, 6 months to a year or more, to get legal residency status.  It gets even more complicated for refugee or asylum status.  Your best best is for him to stick it out in Peru where he has legal resident status as a refugee as his K-1 interview would be delayed if he sought refugee status in another country like Brazil or Paraguay and asked for his file to be transferred there for the interview, after the I-129F petition is approved in a few months.  But if it is really bad, find a country nearby where getting refugee status does not take too long and he can move there and start the paperwork for legal status.  Then when the petition is approved you can ask for the interview in the new country.  Sorry to hear he is having a hard time.  Good luck whatever you decide to do!

[JeanneAdil 6,568]

3 hours ago, payxibka said:

Plenty of reports where NVC assigned consulate has refused to interview due to inability to provide evidence of residence.  

and not able to provide the criminal report from home country and country of residency as not legal resident where he/she lives now

 

plus venezuela is still on the ban list stopping all

Edited January 12, 2020 by JeanneAdil

[kris&me 572]

It would be best to stay in Peru as u say he was granted refugee status there

but he and you are in for the long haul

and going to another country ????? doesn't guarantee an interview there or an easier time to get the visa 

he is from a banned country 

do a search on the internet as there is a large group with lawyers trying to fight this / u may need to join a group like that to get any action

[Bri&Alejandro 82]

29 minutes ago, JeanneAdil said:

and not able to provide the criminal report from home country and country of residency as not legal resident where he/she lives now

 

plus venezuela is still on the ban list stopping all

Average Venezuelan citizens are not banned at all. Only political leaders are banned