Can we chose the interviewing embassy?

[22waters 1]

Can it be held in a country where my spouse is on a tourist visa, or is it a requirement to be a permenant resident of that country?

[designguy 1,179]

Needs to be a country they are legally residing. You can’t embassy shop 

[22waters 1]

1 hour ago, designguy said:

Needs to be a country they are legally residing. You can’t embassy shop 

What determines the residency status? How would it work out in the unique case of someone who is itinerant (think digital nomad), and doesn't have a place of "permenant" residency, and have never been to the country of citizenship. And our marriage also having been in such circumstance (both of us itinerant). 

Edited August 31, 2020 by 22waters

[Crazy Cat 42,582]

49 minutes ago, 22waters said:

What determines the residency status? How would it work out in the unique case of someone who is itinerant (think digital nomad), and doesn't have a place of "permenant" residency, and have never been to the country of citizenship. And our marriage also having been in such circumstance (both of us itinerant). 

The word "document" comes to mind.......LEGALLY documented as a resident.  Alien Resident Card, Asylee Document, Work visa, etc.  The situation you describe sounds like a visitor.

Edited August 31, 2020 by Lucky Cat

[designguy 1,179]

In my opinion if you don’t have legal residency anywhere outside of the country of your citizenship, then that’s where you will need to interview 

[Mollie09 1,543]

The specific document requirements vary by country, usually it's the equivalent of a permission to stay not only as a tourist (eg. student/work visas or permanent residence)

[22waters 1]

How can we find out which embassies allow such cases. @Mollie09 mentioned the requirements vary by country. How can we know the requirement of specific embassy. The obvious would be to call and ask, but is there a more efficient source of info, like online?

[Crazy Cat 42,582]

6 minutes ago, 22waters said:

How can we find out which embassies allow such cases. @Mollie09 mentioned the requirements vary by country. How can we know the requirement of specific embassy. The obvious would be to call and ask, but is there a more efficient source of info, like online?

To my knowledge, all consulates require the visa applicant to be a legal resident or a citizen.  I know of no consulates which allow tourists to apply for immigrant visas.

[geowrian 22,338]

I'm unaware of any embassy or consulate that accepts an IV interview based on being a tourist.

I have seen cases where they will accept those who are seeking asylum, even if it;'s not technically a legal status while the case is pending.

But the general rule is you must interview where you legally reside or are a citizen.

 

Where have you been working? Typically working requires a visa other than a tourist visa.

 

58 minutes ago, 22waters said:

The obvious would be to call and ask, but is there a more efficient source of info, like online?

No. If one is not a citizen or legal resident, the ability to interview would be determined on a case by case basis.

[pushbrk 13,181]

4 hours ago, geowrian said:

I'm unaware of any embassy or consulate that accepts an IV interview based on being a tourist.

I have seen cases where they will accept those who are seeking asylum, even if it;'s not technically a legal status while the case is pending.

But the general rule is you must interview where you legally reside or are a citizen.

 

Where have you been working? Typically working requires a visa other than a tourist visa.

 

I agree that even if the beneficiary has never been in their country of citizenship, the interview can still only be in country of actual documented residence (not a tourist or visitor) or country of citizenship.

 

It's difficult for me to comprehend such a circumstance that leaves a person with no country of legal residence at all, when they are a citizen of a country on which they have never set foot.  I get that it's possible.  I just can't comprehend the specifics without more information.  

[pushbrk 13,181]

5 hours ago, 22waters said:

How can we find out which embassies allow such cases. @Mollie09 mentioned the requirements vary by country. How can we know the requirement of specific embassy. The obvious would be to call and ask, but is there a more efficient source of info, like online?

It's the law, not an embassy policy.  You're not dealing with an embassy anyway.  The interviews are conducted at Consulates buy Consular Officers who work in the Immigrant Visa Unit.  In many countries, you won't get anywhere near an embassy.  China, Canada, Mexico, Germany, etc. are prime examples.

[Lucky2Lucky 2,526]

13 hours ago, 22waters said:

Can it be held in a country where my spouse is on a tourist visa, or is it a requirement to be a permenant resident of that country?

Where does your spouse hold a passport from? Does she have permanent residency in another country as well? If not, the place she holds a passport is where the interview will be held. Please update your profile with the country as this will not have everyone guessing. 

[Mollie09 1,543]

19 hours ago, 22waters said:

How can we find out which embassies allow such cases. @Mollie09 mentioned the requirements vary by country. How can we know the requirement of specific embassy. The obvious would be to call and ask, but is there a more efficient source of info, like online?

To clarify, the document requirements vary, not the residency/citizenship requirement itself. Most embassies publish the required documents online (for example, Canada: https://ca.usembassy.gov/wp-content/uploads/sites/27/2016/03/Packet4-MTL.pdf)  where page 6 lists documents including: "Valid Passport and photocopy of the biographic page. IF not Canadian  citizen, also original and photocopy of the Canada LPR card, study/work permit, refugee documents."

[Boiler 46,284]

Nice opportunity to go home, meet with relatives etc.

[Troy B 224]

On 8/31/2020 at 5:40 AM, 22waters said:

What determines the residency status? How would it work out in the unique case of someone who is itinerant (think digital nomad), and doesn't have a place of "permenant" residency, and have never been to the country of citizenship. And our marriage also having been in such circumstance (both of us itinerant). 

 

Note also,  CR1/IR1 would indicate the couple wants to live in the USA.   If the intent is to only visit, I would suggest getting a Tourist visa.