Can we chose the interviewing embassy?

[maddienis 0]

So you can request what Embassy you want to have your final interview at. But in fine print it says it's up to the desecration of the US.

 

From my experience:

 

I am American, and my husband is Australian. We are living and working in Thailand. Our lawyers said we would need a valid visa here for a year if we wanted to use Bangkok. So we put Sydney. We wanted to go home to see family anyways. Well our I-130 gets approved and the Embassy we were assigned to was Bangkok. There was no questions about visas. If we wanted to switch it it could either be approved or denied and add extra wait time. So we didn't. 

 

I've seen on the US Embassy Bangkok website that says the foreigner is responsible for ensuring they are on a valid visa. (doesn't say anything about tourist/working)

[22waters 1]

34 minutes ago, maddienis said:

So you can request what Embassy you want to have your final interview at. But in fine print it says it's up to the desecration of the US.

 

From my experience:

 

I am American, and my husband is Australian. We are living and working in Thailand. Our lawyers said we would need a valid visa here for a year if we wanted to use Bangkok. So we put Sydney. We wanted to go home to see family anyways. Well our I-130 gets approved and the Embassy we were assigned to was Bangkok. There was no questions about visas. If we wanted to switch it it could either be approved or denied and add extra wait time. So we didn't. 

 

I've seen on the US Embassy Bangkok website that says the foreigner is responsible for ensuring they are on a valid visa. (doesn't say anything about tourist/working

Thanks everyone! This is interesting. Contradicts what everyone is saying. That's why I was asking if there is a definite way to find out for sure if it would be a no go before making a decision. 

 

Also, does where the interview will be held have to be determined when submitting the i-130? Or in the i-130? If not, then at what point will it have to be clarified? And if yes, then what happens if the place of residence changes and is no longer legally so by the time it's time to interview? 

[Troy B 224]

18 minutes ago, 22waters said:

Thanks everyone! This is interesting. Contradicts what everyone is saying. That's why I was asking if there is a definite way to find out for sure if it would be a no go before making a decision. 

 

Also, does where the interview will be held have to be determined when submitting the i-130? Or in the i-130? If not, then at what point will it have to be clarified? And if yes, then what happens if the place of residence changes and is no longer legally so by the time it's time to interview? 

 

i-130 questions 62a-c relate to where the interview will be held.  The NVC can be contacted once they get the petition.  "The NVC will be able to authorize the change"  per Changing the Interview Location

[pushbrk 13,181]

3 hours ago, 22waters said:

Thanks everyone! This is interesting. Contradicts what everyone is saying. That's why I was asking if there is a definite way to find out for sure if it would be a no go before making a decision. 

 

Also, does where the interview will be held have to be determined when submitting the i-130? Or in the i-130? If not, then at what point will it have to be clarified? And if yes, then what happens if the place of residence changes and is no longer legally so by the time it's time to interview? 

Please help us out by telling us the country of citizenship and the country in which you wish to have the interview.  The bottom line is that you COULD BE scheduled for an interview, and then at the Immigrant Visa Unit's discretion, they may or may not actually conduct the interview and/or issue the visa.

 

There ARE rules and laws.  Try going around them at your own risk.

[Orangesapples 1,954]

7 hours ago, maddienis said:

So you can request what Embassy you want to have your final interview at. But in fine print it says it's up to the desecration of the US.

 

From my experience:

 

I am American, and my husband is Australian. We are living and working in Thailand. Our lawyers said we would need a valid visa here for a year if we wanted to use Bangkok. So we put Sydney. We wanted to go home to see family anyways. Well our I-130 gets approved and the Embassy we were assigned to was Bangkok. There was no questions about visas. If we wanted to switch it it could either be approved or denied and add extra wait time. So we didn't. 

 

I've seen on the US Embassy Bangkok website that says the foreigner is responsible for ensuring they are on a valid visa. (doesn't say anything about tourist/working)

Just because NVC sent the package to Bangkok doesn't mean Bangkok will accept to conduct the interview. You can request a transfer, it will take a few months though. Keep us posted. 

[NikLR 13,232]

8 hours ago, maddienis said:

So you can request what Embassy you want to have your final interview at. But in fine print it says it's up to the desecration of the US.

 

From my experience:

 

I am American, and my husband is Australian. We are living and working in Thailand. Our lawyers said we would need a valid visa here for a year if we wanted to use Bangkok. So we put Sydney. We wanted to go home to see family anyways. Well our I-130 gets approved and the Embassy we were assigned to was Bangkok. There was no questions about visas. If we wanted to switch it it could either be approved or denied and add extra wait time. So we didn't. 

 

I've seen on the US Embassy Bangkok website that says the foreigner is responsible for ensuring they are on a valid visa. (doesn't say anything about tourist/working)

They assume based on your address that you have a valid visa for the interview (aka residence or working or student visa) for the country you said you were living in.  If you don't, they won't conduct the interview.  It's happened in Canada at the US consulate in Montreal, to people who only are here on a tourist visa, not a student or working visa, or who don't have permanent residence.  Having your ducks in a row is your responsibility, not theirs. 

[22waters 1]

4 hours ago, pushbrk said:

Please help us out by telling us the country of citizenship and the country in which you wish to have the interview.  The bottom line is that you COULD BE scheduled for an interview, and then at the Immigrant Visa Unit's discretion, they may or may not actually conduct the interview and/or issue the visa.

 

There ARE rules and laws.  Try going around them at your own risk.

Sorry Pushbrk, I most certainly am not trying to go around or break any rules. On the contrary I am asking what the rules are, so I can follow them. Kyrgyzstan is the country of citizenship. We are not sure which country to have the interview in, but it most probably would be Vietnam or the Philippines. 

[Just Paul 4,595]

17 minutes ago, 22waters said:

On the contrary I am asking what the rules are, so I can follow them. Kyrgyzstan is the country of citizenship. We are not sure which country to have the interview in, but it most probably would be Vietnam or the Philippines. 

Modern law, especially immigration law, hasn't kept up with how we work in modern society.  

 

We were kind of similar as when we married we were also itinerant.  When we married we had no intention of filing for US residency for a while.  I was negotiating  a contract that my customer wanted me to move to Panama and administer.  A month after we married we decided to leave the Philippines and move to Mexico, 4 hours from my home base in Arizona.  I already had Mexican permanent residency so Mary was able to get the same by virtue of our marriage and paying $36.

 

When you fill out the I-130 you have to specify a consulate.  After the NVC receives the petition you can change the consulate.  You can even change it after it goes to the consulate.  If you are wanting to change consulates you can contact the desired consulate with your details and ask them if the would accept the change.   You need to have some form of residency visa.   It can be a temporary, permanent, work and in some cases even a student visa.  You can also contact the NVC directly. Ultimately the NVC makes the decision to send it to the consulate and the consulate can reject it if you do not qualify. Otherwise the only option would be your country of nationality.

 

You also need to be aware that your US Citizen spouse needs to be up to date on his US tax reporting prior to filing the I-130 and that they will need to show intent to re-establish domicile once the visa is granted.   You will need to spend a majority of your time in the US to get unconditional green card (if you were married less than 2 years prior to entering the US and also if you are wanting to obtain US Citizenship.  A green card isn't some US super visa.  You are expected to be an actual resident in the US.

 

 

[Chancy 6,243]

4 hours ago, 22waters said:

I am asking what the rules are, so I can follow them. Kyrgyzstan is the country of citizenship. We are not sure which country to have the interview in, but it most probably would be Vietnam or the Philippines. 

 

Note that the US Embassy in Manila has specific requirements for accepting transfer of immigrant visa cases --

 

https://ph.usembassy.gov/visas/immigrant-visas/case-transfer-request/

 

If you wish to have your immigrant/fiancé(e) visa file transferred to Manila, you must submit a written request outlining the reason for the transfer. We will also need to see evidence of your ability to remain in the Philippines during the duration of the visa process (Philippines passport, ID card, or work permit).

 

[pushbrk 13,181]

3 hours ago, Chancy said:

 

Note that the US Embassy in Manila has specific requirements for accepting transfer of immigrant visa cases --

 

https://ph.usembassy.gov/visas/immigrant-visas/case-transfer-request/

 

If you wish to have your immigrant/fiancé(e) visa file transferred to Manila, you must submit a written request outlining the reason for the transfer. We will also need to see evidence of your ability to remain in the Philippines during the duration of the visa process (Philippines passport, ID card, or work permit).

 

Paul & Mary has given an excellent answer and this one is too.  I would only add that unless you are already IN the Philippines, there is no guarantee you would be able to enter before the interview.  Nobody knows when Duterte will let tourists in again, but tourists who are in the Philippines already, can stay as long as extensions are available to them (Generally 3 years).  Getting an alien registration card in the Philippines takes a few months.  You have to be there two months before applying.  Of course, you can check any Consulate's website for their specific requirements.

[payxibka 10,047]

there have been members who showed to the interview only to have the consulate refuse because of inadequate documents to prove proper jurisdiction 

[22waters 1]

5 hours ago, payxibka said:

there have been members who showed to the interview only to have the consulate refuse because of inadequate documents to prove proper jurisdiction 

In which country? 

[22waters 1]

6 hours ago, pushbrk said:

Paul & Mary has given an excellent answer and this one is too.  I would only add that unless you are already IN the Philippines, there is no guarantee you would be able to enter before the interview.  Nobody knows when Duterte will let tourists in again, but tourists who are in the Philippines already, can stay as long as extensions are available to them (Generally 3 years).  Getting an alien registration card in the Philippines takes a few months.  You have to be there two months before applying.  Of course, you can check any Consulate's website for their specific requirements.

So does the alien registration card suffice to do the interview? 

 

Also, if there a minimum time that I'd have to to be in the US before I can file the i-130?

Edited September 3, 2020 by 22waters

[HRQX 4,145]

13 minutes ago, 22waters said:

Also, if there a minimum time that I'd have to to be in the US before I can file the i-130?

Not required when filing I-130. US domicile for US citizen might come at NVC stage and/or embassy.

[22waters 1]

2 minutes ago, HRQX said:

Not required when filing I-130. US domicile for US citizen might come at NVC stage and/or embassy.

Sorry. A little confused. NVC stage?