K1 Visa Foreign Criminal Record of beneficiary question.Travel Restrictions.

[Hung & Chi 1]

Hello All,

 

Just let me start off by saying this has been a long process and this pandemic is not helping.

 

We have a interview later this month Feb 2021.  We have gathered all the requested documents and anything that needs to be translated is done.  We have one problem! Per the instructions from the “K-Instruction Package” via Step 4, she is required to submit a, “Original Foreign Police Certificates (if any): Original foreign police certificate(s) from any country in which you resided for at least six months since attaining the age of 16.” She resided in Macau  as a non-residential foreign worker. 

 

We got the local Vietnamese police report already.  Not a problem! Very easy to get and translate.  We have tried to obtain this report virtually from Macau's immigration affairs website but you need a person that you can authorized to process the paper work.  They want the actual passport also in which I am totally against mailing to Macau during a pandemic with only a few weeks before the interview.  What if it gets lost? You would have to do a new passport and it will have a new passport# which does tie into your case filing for I-129F or DS160.

 

It is virtually impossible to get this report due to Coviid-19 travel restrictions.  Our case was sent to the Vietnam Embassy late December 2020.  Travel ban won't even allow us to go do anything.  Macau won't accept scan copies.  They want original documents.

I sent an email to the consulate in Vietnam and they said this;
 

"Thank you for your inquiry.  If the beneficiary is unable to provide any of the requested original documents, the beneficiary may bring all other available documents to the interview.  A consular officer will review the entire application and provide further instructions, if necessary, at that time.  To be well-prepared for the interview, please visit our website at: https://vn.usembassy.gov/interview-iv.

 For immigrant visa applications, an original foreign police certificate is required for each country in which the applicant resided for at least one year since the age of 16.  For K-1 visa applications, an original foreign police certificate is required for each country in which the applicant resided for at least six months since the age of 16.  The residence does not need to be consecutive."

 

I am a lost for words.  She just goes over to work for a better salary and send her money home to her parents so they can make a living (typical Asian culture nowdays).  Basically, either way, we might lose.  My fiancee is frustrated and concerned about this.  

I told her that we should just go to the interview and do our best because this pandemic won't end anytime soon and we can't get this report due to the travel restrictions.  We can show them that we attempted to get this police report but is unsuccessful. 

Can we ask the Vietnam Embassy to do a background check? Would they do that?  I just know they'll put this case in Administrative hold and then in 3-4 months, might just send it back to the USCIS cancelling it.

 

 

[powerpuff 6,712]

It’s not possible to ask the embassy to perform a background check like that. They don’t have the time or resources to do that for every applicant. This is why they ask to bring original police certificates from countries of previous residences.

 

as you said, the best and only possible option is to attend the interview and explain the situation. Bring with you print outs/documents that show you attempted to secure a police certificate. Best of luck.

[payxibka 10,045]

Since a PC is available i wouldn't expect any accommodation.   

[Hung & Chi 1]

She haven't been to Macau since  2016...I hope they just look at the Vietnam report and just approve it.  Like, it's a lose, lose situation? they're asking for something we cannot provide due to Pandemic Travel restrictions.  

[payxibka 10,045]

5 minutes ago, Hung & Chi said:

She haven't been to Macau since  2016...I hope they just look at the Vietnam report and just approve it.  Like, it's a lose, lose situation? they're asking for something we cannot provide due to Pandemic Travel restrictions.  

Regardless, there is a current doable option that, for only personal reasons, you have chosen not to do.  

[JeanneAdil 6,514]

normal proceedure is attend interview and be given a 221g  telling you to obtain and send original and you will be in AP (will say refused on CEAC site till they get and review the document) 

[Hung & Chi 1]

Oh we have tried to do everything.  

 

it's not possible to do in person in Macau as they required you to present your passport.  If you can be there, you need to authorized someone to do it.  The risk is so high sending a passport that can be lost in the mail and this passport is tied to all your Visa paperwork.  If you lose it, you lose your case.

 

 

[payxibka 10,045]

3 minutes ago, Hung & Chi said:

  If you lose it, you lose your case.

 

 

Nonsense. 

[Hung & Chi 1]

How's it non-sense.  If passport number is tied to your I-129F, NOA1, NOA2, DS160...it's a big risk.   If you request for a new passport then the number changes and your case would have to go on to further review on why your passport is changed, etc....

Quote

 

 

[payxibka 10,045]

12 minutes ago, Hung & Chi said:

How's it non-sense.  If passport number is tied to your I-129F, NOA1, NOA2, DS160...it's a big risk.   If you request for a new passport then the number changes and your case would have to go on to further review on why your passport is changed, etc....

 

Are you making this stuff up or do you have a source of this information?  Passport isn't even required until you submit the ds160 and guess what?  If you renew it or get a new one after submission you simply inform the consulate on the day of the interview.   Just how it works.  

 

 

Edited February 2, 2021 by payxibka

[powerpuff 6,712]

18 minutes ago, Hung & Chi said:

How's it non-sense.  If passport number is tied to your I-129F, NOA1, NOA2, DS160...it's a big risk.   If you request for a new passport then the number changes and your case would have to go on to further review on why your passport is changed, etc....

 

I don’t understand where you got idea that’s it’s “tied” to all of that and that lost passport=lost immigration case..... things happen between filing I-129f all the way until the interview. People get their stuff stolen or their house catches on fire etc etc (literally think of any scenario that might result in lost or stolen passport, it can and does happen). It literally has zero effect on I-129f, NOA1,NOA2. You can fill out another DS-160 with updated passport info or they might even let you just change it on the spot when you come back to submit needed documents. Either way, it’s not automatically a lost case...... of course when you get a document like that lost or stolen, you have to file a police report explaining what happened. That’s the procedure is most countries. You bring a copy of that with you and move on with your process.

Edited February 2, 2021 by powerpuff

[Hung & Chi 1]

Maybe I'm just over-worried about this whole thing.  The worst that can happen is they'll ask you to provide the paperworks after the interview and give more directions on how to go about it.  

[payxibka 10,045]

3 minutes ago, Hung & Chi said:

Maybe I'm just over-worried about this whole thing.  The worst that can happen is they'll ask you to provide the paperworks after the interview and give more directions on how to go about it.  

If they give you guidance it will be this:

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Macau.html

 

Follow the link and scroll down to appropriate category.   Read the information.   I think you will find it information you already know. 

[Hung & Chi 1]

We found an agent that said he can get this for us since they have a business in Macau.  Not sure how long it will take.

 

Should I hold reschedule the interview for April 2021? or should I tell her to go to the interview in February 2021, get rejected until we provide the docs?

 

Also the cases of Covid19 are increasing over there they might cancel al appointments...

[powerpuff 6,712]

37 minutes ago, Hung & Chi said:

We found an agent that said he can get this for us since they have a business in Macau.  Not sure how long it will take.

 

Should I hold reschedule the interview for April 2021? or should I tell her to go to the interview in February 2021, get rejected until we provide the docs?

 

Also the cases of Covid19 are increasing over there they might cancel al appointments...

Do NOT reschedule. Just go to the one in February. You’re not rejected, you’ll be in Administrative processing until you bring in what they ask for. Just like @JeanneAdil said above. 

Edited February 2, 2021 by powerpuff