Only EB1/EB2 update on NVC (DQ, IL)

[Rainbow Aligator 29]

Just now, appleblossom said:

 

Oh nooooo! What did you submit?! Didn't even know there was another type of ACPO report. Hope it all gets sorted asap. 

 

When are you hoping to move?

 

3 minutes ago, appleblossom said:

 

Just to clarify for anybody reading, citizenship doesn't mean anything when it comes to consulates, residency does. Plenty of examples of people who are resident in super slow countries (i.e. Canada) that are British citizens and have tried to have their interview in London but been refused. And of course, the other way around - plenty of people who aren't British citizens but are living and working in the UK so have their case in London.

 Oh my lawyer told me I could only do Australia or London which is where I have citizenship. However I still think London is faster than Australia and definitely Mexico which is where I have to bide my time.

 

I’m was doing a police check from Australia as it’s where I grew up and I choose the police check for foreign visa as opposed to immigration / citizenship (I thought it was for Australian citizenship).

 

i was working in the US for 5 years but was laid off in June, literally a week before my I140 was approved phew. Therefore I chose to go consulate route. But that means im just bouncing between my home in LA and Mexico City (it’s close and easy to take my dog) until the GC comes through. But I can’t apply for jobs, unless they’re remote which there aren’t many these days in my field, can’t go back to Australia or London as it’s too far for me to bring my dog, so I’m losing my mind a bit 

[appleblossom 2,478]

Just now, Rainbow Aligator said:

 

 Oh my lawyer told me I could only do Australia or London which is where I have citizenship. However I still think London is faster than Australia and definitely Mexico which is where I have to bide my time.

 

I’m was doing a police check from Australia as it’s where I grew up and I choose the police check for foreign visa as opposed to immigration / citizenship (I thought it was for Australian citizenship).

 

i was working in the US for 5 years but was laid off in June, literally a week before my I140 was approved phew. Therefore I chose to go consulate route. But that means im just bouncing between my home in LA and Mexico City (it’s close and easy to take my dog) until the GC comes through. But I can’t apply for jobs, unless they’re remote which there aren’t many these days in my field, can’t go back to Australia or London as it’s too far for me to bring my dog, so I’m losing my mind a bit 

 

Ah, the police check makes sense now. Really didn't see how you could get the wrong one for the UK!

 

I'd be surprised if your case is accepted at London though if you don't live there? When did you last live there?

[appleblossom 2,478]

4 minutes ago, Damiores said:

This is well said. Another way around it is a provide a local address and phone number in the country you intend to transfer to. This makes the transfer process smoother...

 

Even that doesn't work a lot of the time. There was a case on VJ recently of an EB2 applicant in Canada (where the wait time is about 18-24 months for an interview) that was a British citizen and tried to have his case transferred. He was asked for proof of residency i.e. utility bills, council tax bill etc, and without that it was refused so he was stuck in Canada waiting.

[Rainbow Aligator 29]

16 minutes ago, appleblossom said:

 

Ah, the police check makes sense now. Really didn't see how you could get the wrong one for the UK!

 

I'd be surprised if your case is accepted at London though if you don't live there? When did you last live there?

 I’ve never lived in London, I’m a citizen of the Uk and apparently it’s enough. I triple checked it w my lawyer though, and my friend who is also an immigration attorney. I asked them are you sure it’s okay that I won’t be giving them my UK passport for the stamp, and is it okay that my country of chargeability is Australia even though I’m doing this in London and is it okay that I’m not going to have a UK police check, even though this is in London, because I’ve never lived in London. Apparently all okay 🤷🏼‍♀️ My address is my US address actually. 

[appleblossom 2,478]

17 minutes ago, Rainbow Aligator said:

 I’ve never lived in London, I’m a citizen of the Uk and apparently it’s enough. I triple checked it w my lawyer though, and my friend who is also an immigration attorney. I asked them are you sure it’s okay that I won’t be giving them my UK passport for the stamp, and is it okay that my country of chargeability is Australia even though I’m doing this in London and is it okay that I’m not going to have a UK police check, even though this is in London, because I’ve never lived in London. Apparently all okay 🤷🏼‍♀️ My address is my US address actually. 

 

Personally I would contact the London consulate directly and check that you definitely can have it processed there if you're living in Mexico, it would be awful if you went all that way for medical/interview and then got told no! And then you'll have it in writing in case of any issues too.

 

 

 

 

[Damiores 19]

1 hour ago, appleblossom said:

 

Even that doesn't work a lot of the time. There was a case on VJ recently of an EB2 applicant in Canada (where the wait time is about 18-24 months for an interview) that was a British citizen and tried to have his case transferred. He was asked for proof of residency i.e. utility bills, council tax bill etc, and without that it was refused so he was stuck in Canada waiting.

Had a similar experience. Wrote NVC to transfer my case from Ankara to Lagos but they asked for a local address and phone number in Nigeria. I later made another request but provided local address and phone number and the transfer was done in 2 working days.

[appleblossom 2,478]

4 minutes ago, Damiores said:

Had a similar experience. Wrote NVC to transfer my case from Ankara to Lagos but they asked for a local address and phone number in Nigeria. I later made another request but provided local address and phone number and the transfer was done in 2 working days.

 

The guy I was thinking of did provide an address (grandparents home I think?) but got asked for proof he lived there. Maybe London is extra hot on it as it's one of the quickest consulates at the moment, so they get tons of people asking to move their cases there that don't live there. 

[Damiores 19]

1 minute ago, appleblossom said:

 

The guy I was thinking of did provide an address (grandparents home I think?) but got asked for proof he lived there. Maybe London is extra hot on it as it's one of the quickest consulates at the moment, so they get tons of people asking to move their cases there that don't live there. 

Hmm..I see. 

[Rainbow Aligator 29]

4 hours ago, appleblossom said:

 

The guy I was thinking of did provide an address (grandparents home I think?) but got asked for proof he lived there. Maybe London is extra hot on it as it's one of the quickest consulates at the moment, so they get tons of people asking to move their cases there that don't live there. 

 

I think if you’re not a resident of the UK you would have to at least be a citizen, as is my case, so perhaps not just anyone can move their case there.
 

I think also because I’m technically a resident of USA (not immigration wise but in the sense it’s been my place of residence for 5 years) and I’m not a currently resident of Australia where I used to live or Mexico where I will be temporarily staying (I’m only going to be there about 3 months and it wouldn’t be enough time to even establish residency there), I have no choice but to go to with my country of citizenship in order to choose a consulate. 

[appleblossom 2,478]

Just now, Rainbow Aligator said:

I think if you’re not a resident of the UK you would have to at least be a citizen, as is my case, so perhaps not just anyone can move their case there.

 

All the cases I've seen on VJ that have been refused processing at London because they aren't resident have been British citizens. That's why personally I'd email the London embassy and check with them before making arrangements for flights/hotel/medical etc. Just in case!

[Rainbow Aligator 29]

5 minutes ago, appleblossom said:

 

All the cases I've seen on VJ that have been refused processing at London because they aren't resident have been British citizens. That's why personally I'd email the London embassy and check with them before making arrangements for flights/hotel/medical etc. Just in case!

 I guess I should. I’m just not sure where else I would go as I’m not a resident of Australia or any other country ☹️
 

I even asked my lawyer if they need a UK address as I could give my friends and they said it’s not necessary

Edited October 18, 2023 by Rainbow Aligator

[appleblossom 2,478]

5 hours ago, Kalied said:

Don't complicate things, use your uk address (Parent or spouse), proof of address or any other proof that london consulate request may  be i.e local phone number, utility bill (Phone bill for international roaming shouldn't be difficult to use or get.),etc.

 

Not sure I'd do that personally, putting your residential address as one that you don't actually live at could be seen as immigration fraud, and it will come up in the background checks anyway. I'd be honest on all documents that ask for physical/residential address, but just contact the embassy to make sure they are happy to take the case before going too far in the process. If RA explains the situation then hopefully they will as the other option seems to be Mexico.

Edited October 20, 2023 by appleblossom

[Rainbow Aligator 29]

1 hour ago, appleblossom said:

 

Not sure I'd do that personally, putting your residential address as one that you don't actually live at could be seen as immigration fraud, and it will come up in the background checks anyway. I'd be honest on all documents that ask for physical/residential address, but just contact the embassy to make sure they are happy to take the case before going too far in the process. If RA explains the situation then hopefully they will as the other option seems to be Mexico.

But I don’t live in Mexico, I’m there for a couple of months on a tourist visa. I don’t have an official address there, or in the UK or in Australia. My address is in Los Angeles where I’ve been living for 3 years. 
 

It’s not about wanting to complicate things, my situation is actually complicated. Most people who reside in the US when going through the green card process they do adjustment of status and remain in the US and wait for EAD and travel auth. I happened to lose my nonimmigrant visa at the same time as my I-140 was approved. Can’t remain in US and do AOS, I have to do consular processing.
 

Residency is where you have been for for the majority of the last 12 months and for me that is the US so my lawyer said that my choices are UK or Australia because that’s where I have citizenship. 

 

It definitely is not supposed to be Mexico. The question I now have is whether it is supposed to be Australia. But when would that come up? At DQing? At the interview? 

[Crazy Cat 41,834]

On 10/20/2023 at 10:33 AM, Rainbow Aligator said:

Residency is where you have been for for the majority of the last 12 months

Where did you get that definition?

[Damiores 19]

3 hours ago, Kalied said:

Do as you please.The premise of stating to use parent's or spouse address has no fraudulent intention. Whenever visiting my home country where do i reside ? either with my parent or spouse   or sibling that are listed as my contact on my ds-260 and still have ongoing proof of residence i.e utility bills, etc If i am transferring my case to my home country, only sensible to use that information. Otherwise, why will i transfer the case in the first place?

 

Well said but of course, let everyone do what they seems right.