Question about K1 visa of a person from Venezuela residing in another country

[Luis1989 0]

Good evening, I want to ask a question.  My fiancé is from Venezuela but is living in the Dominican Republic illegally, we already have our NOA2 and the case will be sent to the DR embassy.  Will you have any problems due to your legal status in the country?  I ask the question because in conversation with several people who have told me that this has nothing to do with the embassy having nothing to do with the country where you reside.  I have even spoken to a couple of people who have been illegally and have been given the K1 visa and the husband visa without any problem.  Thank you

Buenas noches, quiero hacer una pregunta. Mi pareja es de Venezuela pero está viviendo en República Dominicana se manera ilegal, ya tenemos nuestro NOA2 y el caso será enviado a la embajada de RD. Tendrá algún problema por su estatus legal en el país?? Hago la pregunta porque en conversado con varias personas que me han dicho que eso no tiene que ver ya que la embajada no tiene que ver nada con el país donde resides. Inclusive, he hablado con par de personas que han estado de manera ilegal y le han dado la visa K1 y la visa de esposo sin ningún problema. Gracias

Edited April 15, 2020 by Luis1989

[NikLR 13,227]

English only in the upper forums.  Please provide a translation. Thank you!

[SalishSea 17,839]

You cannot interview for a visa at a US embassy in a country where you do not have citizenship or legal residence, with supporting documentation.

[geowrian 22,337]

7 minutes ago, Jorgedig said:

You cannot interview for a visa at a US embassy in a country where you do not have citizenship or legal residence, with supporting documentation.

Generally correct, and is the case so here. Illegally present generally will not qualify for an immigrant visa interview.

PCCs will still be required, if available (some countries won't issue one to those there illegally).

 

I would just point out Venezuela doesn't have an embassy or consulate available so their immigrant visa interviews are generally in Bogata instead of where they live or hold citizenship.

Edited April 15, 2020 by geowrian

[Luis1989 0]

14 hours ago, geowrian said:

Generally correct, and is the case so here. Illegally present generally will not qualify for an immigrant visa interview.

PCCs will still be required, if available (some countries won't issue one to those there illegally).

 

I would just point out Venezuela doesn't have an embassy or consulate available so their immigrant visa interviews are generally in Bogata instead of where they live or hold citizenship.

Exactly, but on the same page of the American embassy of Venezuela it says that they can apply for a visa at any American embassy in any country.  I even know a Venezuelan person who was illegal in Peru and took out his K1 visa without any problem because the embassy has nothing to do with the country where the embassy is located, even they do not even ask for your legal status in that country.  And I know another Venezuelan person who took out his spouse visa in the Dominican Republic and was also illegal.

 

My fiancé also went to an immigration lawyer, and told him that it had nothing to do with whether it was legal or not because the k1 visa is with the intention of getting married and staying in the United States, than if it had been a tourist visa.  Well, clearly they were not going to approve it.

[geowrian 22,337]

12 minutes ago, Luis1989 said:

Exactly, but on the same page of the American embassy of Venezuela it says that they can apply for a visa at any American embassy in any country.

All I see is: https://ve.usembassy.gov/visas/

"Immigrant visa applicants should contact IVBogota@state.gov for additional instructions.  Nonimmigrant visa applicants can apply at any U.S. embassy or consulate in another country."

While a K-1 is technically non-immigrant, it is handled by the immigrant visa unit at the consulate and therefore generally subject to the same constraints as immigrant visas in terms of being able to interview.

 

I'm not doubting exceptions are made. But those are the general rules. One can also contact the consulate and request specific guidance / make an exception.

 

Quote

My fiancé also went to an immigration lawyer, and told him that it had nothing to do with whether it was legal or not because the k1 visa is with the intention of getting married and staying in the United States, than if it had been a tourist visa.  Well, clearly they were not going to approve it.

The issue isn't with eligibility for the visa. Illegal presence outside the US is not a concern there at all.

The issue is with requirements to interview by the immigrant visa unit.

Edited April 15, 2020 by geowrian

[Luis1989 0]

9 minutes ago, geowrian said:

All I see is: https://ve.usembassy.gov/visas/

"Immigrant visa applicants should contact IVBogota@state.gov for additional instructions.  Nonimmigrant visa applicants can apply at any U.S. embassy or consulate in another country."

While a K-1 is technically non-immigrant, it is handled by the immigrant visa unit at the consulate and therefore generally subject to the same constraints as immigrant visas in terms of being able to interview.

 

I'm not doubting exceptions are made. But those are the general rules. One can also contact the consulate and request specific guidance / make an exception.

 

The issue isn't with eligibility for the visa. Illegal presence outside the US is not a concern there at all.

The issue is with requirements to interview by the immigrant visa unit.

I tried to contact the embassy and they never answered the call.  I only contacted USCIS and NVC and they told me the same thing, that he could do it as long as he didn't have a criminal record legal problem in there if he could apply for it.  As you want it has already been approved, I will find out when I already have an appointment and my fiancé goes to the interview.  If they go so far as to say that it is not possible, then they should transfer the case to Colombia.