K3 visa

[Kide 37]

10 minutes ago, geowrian said:

35 minutes ago, Kide said:

Uhm.... he will be automatically rejected because of the ban YES, but Nigerians have been getting waivers in numbers still after the said ban. What happens here on after is that the interviews are more strict and you have to prove beyond reasonable doubt that you're not a scam.. etc.

I'd disagree with the last part of this. A waiver for inadmissibility under PP 9983 (INA 212(f)) is granted based on 3 criteria, none of which is if the relationship is a scam or not. The relationship validity is a separate requirement for the visa and would have already been considered before moving on to the waiver.

The CO is not supposed to consider anything other than those 3 criteria.

Your points are lucid and correct, no doubt. My stance here is the immigration behavior and not the said immigration policy. 

 

With respect to the shared link of waiver considered applications and total applications... 

It's still a welcome idea to say affected Nigerians still do get visas. One would have easily thought that  with the ban, the issuance rate would drop to Zero.

50% is a win win In this case. Remember, in the first place without the ban, affected applications still had ones that were rejected right? It's ok to say in this scenario that such cases in addition to a few more cases would out rightly not qualify for the waiver.... #these are just my thoughts.

 

Thanks

 

 

[geowrian 22,337]

5 minutes ago, Kide said:

With respect to the shared link of waiver considered applications and total applications... 

It's still a welcome idea to say affected Nigerians still do get visas. One would have easily thought that  with the ban, the issuance rate would drop to Zero.

50% is a win win In this case. Remember, in the first place without the ban, affected applications still had ones that were rejected right? It's ok to say in this scenario that such cases in addition to a few more cases would out rightly not qualify for the waiver.... #these are just my thoughts.

Just to be clear (I wasn't sure if this part as understood previously), the numbers from the link before are visas that were presumptive approved for the visa if there was no ban.

Barring something being found during final processing, all 363 IVs would have been issued. Instead, only 178 have been issued to date.

This is much better than how many first interpreted the ban - nearly all being refused - but it's also not exactly good news either.

 

Anyway, the source was only provided for some context for people interested in that type of stuff. Each individual's case is what determines eligibility for the waiver or not, not statistics. 👍

[Binbin22 232]

6 hours ago, milimelo said:

They’ll process your paperwork at NVC (and you should complete all the steps required) and you’ll get all the way to interview but if the ban is still in place at that time your visa will be refused at that time. 

His visa can be approved if the CO gives him a waiver 

[Dejavudeji31 3]

On 6/17/2020 at 10:56 PM, geowrian said:

I'd disagree with the last part of this. A waiver for inadmissibility under PP 9983 (INA 212(f)) is granted based on 3 criteria, none of which is if the relationship is a scam or not. The relationship validity is a separate requirement for the visa and would have already been considered before moving on to the waiver.

The CO is not supposed to consider anything other than those 3 criteria.

 

Per the FAM (https://fam.state.gov/FAM/09FAM/09FAM030214.html), to be eligible for the waiver, there are 3 criteria that must be met:

 

I'd just add this source as well: https://travel.state.gov/content/dam/visas/presidentialproclamation/P.P. 9645 Monthly Public Reporting–May 2020.pdf

This is the number of visa applications, those denied under the EO and were considered for a waiver, and those that ultimately got the waiver.

For Nigeria in particular, it's been around a 50% success rate. Breakdowns of the type of IVs are not provided...so no way to know if most of those cases were spousal visas, sibling visas, etc.

Okay can pend the payment of affidavit of support  for months you see if they’ll lift the ban as soon as possible,because the NVC want me to pay the fee now,why would I want to pay a fee now since it’s a clear denial of visa because of the ban?

 

Edited June 19, 2020 by Unlockable
Removed image containing personal info

[geowrian 22,337]

14 minutes ago, Dejavudeji31 said:

Okay can pend the payment of affidavit of support  for months you see if they’ll lift the ban as soon as possible,because the NVC want me to pay the fee now,why would I want to pay a fee now since it’s a clear denial of visa because of the ban?

I requested that a mod remove the image as it has you personal information in it.

 

If you proceed through NVC now, you'll get DQ sooner and should be in line for an interview sooner.

 

The ban can be overcome via the waiver. The only way to know if you would qualify for the waiver is to interview...the CO makes the decision (once determined otherwise eligible for the visa).

 

There is a 0% chance of getting he visa if you don't proceed. There is a >0% chance (stats show ~50% of other people's cases have received them so far) if you proceed.

If refused due to the ban and no waiver is granted, the visa will remain refused until the ban is lifted. If the medical or other documents expire in that time, new ones would be required.

After 1 year from the point of refusal under the ban, the visa registration would expire. A new visa fee and such would be needed to restart the process. The existing I-130 remains valid (so it's not a complete restart...the entire USCIS side of the process is not needed again).

Edited June 19, 2020 by geowrian

[Dejavudeji31 3]

16 minutes ago, Dejavudeji31 said:

Okay can pend the payment of affidavit of support  for months you see if they’ll lift the ban as soon as possible,because the NVC want me to pay the fee now,why would I want to pay a fee now since it’s a clear denial of visa because of the ban?

 

 

[Kide 37]

2 hours ago, Dejavudeji31 said:

 

 

2 hours ago, Dejavudeji31 said:

 

@Dejavudeji31...

 

PROCEED TO PAY YOUR NVC FEES!

 

Don't get the earlier communications wrong. You have a fair chance at the interview stage despite the ban. DO NOT JOKE WITH THE FEE PAYMENT. please proceed.

 

You did not get this far to quit now right? Please do the needful....

 

Best regards

[Unlockable 7,314]

*** One post edited to remove image containing personal info

 

VJ Moderation

[Just Paul 4,595]

6 hours ago, Dejavudeji31 said:

Okay can pend the payment of affidavit of support  for months you see if they’ll lift the ban as soon as possible,because the NVC want me to pay the fee now,why would I want to pay a fee now since it’s a clear denial of visa because of the ban?

Clearly you still don't understand the ban (or the process)  No fee payment, no consulate interview, no visa.  If you are not recommended for the waiver you would not have to start over.  They would hold your file until Nigeria gets their act together and the ban is lifted.

[BabygirlAngie 8]

17 hours ago, Dejavudeji31 said:

 

My husband is Nigerian also, we just got document qualified on June 18. Our lawyer suggested that we wait until after the November election or when the travel ban gets lifted. My husband and I decided to proceed with NVC and take our chance with the interview. 

 

Keep the faith, stay positive, and make the best decision for you and your spouse. 

[Kide 37]

On 6/20/2020 at 2:01 AM, BabygirlAngie said:

My husband is Nigerian also, we just got document qualified on June 18. Our lawyer suggested that we wait until after the November election or when the travel ban gets lifted. My husband and I decided to proceed with NVC and take our chance with the interview. 

 

Keep the faith, stay positive, and make the best decision for you and your spouse. 

Good move.. stay positive. I'll say some of these lawyers aren't so vast in their knowledge because they do not pay close attention to what happens in embassies outside the US.  and hence, give below average advice in some cases. 

 

[Crazy Cat 41,681]

On 6/19/2020 at 8:01 PM, BabygirlAngie said:

Our lawyer suggested that we wait until after the November election or when the travel ban gets lifted.

What is the purpose of waiting?  To avoid expired documents and/or medical exam?  

[BabygirlAngie 8]

4 hours ago, Lucky Cat said:

What is the purpose of waiting?  To avoid expired documents and/or medical exam?  

He mentioned if he gets denied the visa at the interview we would have lost money. We will have to do the NVC process over again and pay more fees. My husband decided to proceed with NVC and take his chance at the interview.