Need advising about next steps

[BigBen17 1]

So due to Covid reasons my Fiance and I are in a hard spot. We got our NOA2 on 4.27.2020. This is set to expire 8.26.2020. Had not for Covid she would be here already. This is obviously a difficult matter because our world hasn't experience anything like this.

 

Her situation: She is from the Philippines, but is currently going to school in Australia. She was planning on doing the interview in Manila, but the country is in lock down. Even worse there is a chance she might not be able to get her interview in Manila for a while because of ECQ on her island. We want her to do the interview in Australia, but she no longer feels safe going to school (which has threaten to cancel her student visa). So she can't go back currently because the country is in lock down, and at the same time she wants to do her interview in Australia. 

 

Question in mind: Does this count as a special circumstance to get an interview in Sydney asap?  Will she be able to do an interview if her visa is canceled but can't go back home? What other options are there for her to do?

 

I can provide more information, but kind out of options in this. According to the NVC website we can schedule an appointment for emergency reasons. 

[Sparkle Sparkle 914]

The directive is that she must have attained legal stay in the country she intents to interview as a third country national.

But since she was legal before her visa was cancelled it's not clear if she will be admitted for interview.

Most times when you present your passport as a third country national first thing they look for is evidence of legal stay.

Is it possible she finds a way to remain legal for at least another year?

[BigBen17 1]

I was researching and its says she can stay if she applies for a visitors visa to stay for 12 months, but then she cannot work and most likely will not be able to support herself in Australia.

[Reagbutts 4]

Have you asked Sydney embassy ? 

[powerpuff 6,712]

This is from the Sydney Consulate website stating who qualifies for an expedited appointment for non-immigrant visas:

Qualifications

• To attend the funeral of an immediate family member;
• Medical emergency;
• Member of cultural group replacing an original member due to illness/unforeseen contingency;
• F1/ M1/ J1 visa applicants who received DS-2019 or I-20 form less than 14 days before program is due to start;
• Unexpected, time sensitive business travel significant to U.S. economic interest;
• Journalists traveling to cover fast-breaking news;
• Travelers with immediate travel plans who have been notified their ESTA authorization was cancelled due to place of birth.
• Applicants who have been unable to enroll in EVUS due to incorrect information on the prior visa.
• Applicants whose visa was revoked following attempted EVUS enrollment.
• Applicants requiring a visa in response to COVID-19 such as doctors, medical students, crew for air and land

It seems like your circumstances don't qualify, but maybe you should contact the consulate and ask them. I believe the best way to avoid delays and issues is for your fiancé  to keep her student status in Australia. If she doesn't have a legal status in Australia when she interviews, that would be an issue. 

Edited June 30, 2020 by powerpuff

[SalishSea 17,839]

How can the Philippines deny admission to their own citizens?