Why does the NVC "accept" documents that you don't have?

[DK999 14]

I've read numerous accounts of people uploading a note saying that a police certificate is unobtainable, getting DQ'd, and then at the interview the case officer says, "I need that police certificate. Sorry, no visa." 

 

Why does the NVC let it get to that point in the first place? 

 

We have had a doozy of a time gathering intelligence for getting a police certificate, but that's probably a topic for another thread. 

[Crazy Cat 41,599]

Document reciprocity is spelled out here:

U.S. Visa: Reciprocity and Civil Documents by Country (state.gov)

 

If a particular document is unavailable, it might be wise to take a reference of unavailability to the interview.

Edited May 10, 2023 by Crazy Cat

[DK999 14]

2 minutes ago, Crazy Cat said:

If a particular document is unavailable, it might be wise to take a reference of unavailability to the interview.

Sure, but the case officer can wave all your references away and demand the certificate, even if it is truly unobtainable. At least that's what some people have said on this forum.

 

So my point is, if there are unique cases (and by the sounds of it, it's not even unique!) where these documents are truly unobtainable, then why doesn't this get rubber stamped before it reaches the case officer's desk?

 

If you didn't read these forums you're going to be totally blindsided, and if you just wait until the interview to bring all this up, then you risk delaying your case by months. It just seems pretty ridiculous to me. 

[DK999 14]

33 minutes ago, DK999 said:

Sure, but the case officer can wave all your references away and demand the certificate, even if it is truly unobtainable. At least that's what some people have said on this forum.

 

So my point is, if there are unique cases (and by the sounds of it, it's not even unique!) where these documents are truly unobtainable, then why doesn't this get rubber stamped before it reaches the case officer's desk?

 

If you didn't read these forums you're going to be totally blindsided, and if you just wait until the interview to bring all this up, then you risk delaying your case by months. It just seems pretty ridiculous to me. 

On second thought, “rubber stamp” is a poor choice of words. That’s what they’re doing now. But you get the point. 

[Crazy Cat 41,599]

53 minutes ago, DK999 said:

Sure, but the case officer can wave all your references away and demand the certificate, even if it is truly unobtainable. At least that's what some people have said on this forum.

I don't know how a CO can require something which is truly not obtainable.  "Difficult to obtain" is different from "Unobtainable".  

Edited May 10, 2023 by Crazy Cat

[Chancy 6,241]

29 minutes ago, DK999 said:

Sure, but the case officer can wave all your references away and demand the certificate, even if it is truly unobtainable.

 

You seem to have a mistaken understanding of what "unobtainable" means, as far as US immigration is concerned.  For visa processing, a police certificate from a certain country is "unobtainable" only when the DOS Reciprocity page says so, not when the applicant finds it difficult to acquire.  Also, NVC's responsibility is really just clerical, and may even be bypassed in some cases.  It is the consulate that has sole approving authority for visa cases, and the consulate expects that the applicant has all the required documents ready and up-to-date at the time of interview.

 

[DK999 14]

13 hours ago, Chancy said:

 

You seem to have a mistaken understanding of what "unobtainable" means, as far as US immigration is concerned.  For visa processing, a police certificate from a certain country is "unobtainable" only when the DOS Reciprocity page says so, not when the applicant finds it difficult to acquire.  Also, NVC's responsibility is really just clerical, and may even be bypassed in some cases.  It is the consulate that has sole approving authority for visa cases, and the consulate expects that the applicant has all the required documents ready and up-to-date at the time of interview.

 

In our case it really is unobtainable, not just difficult to obtain.
 

Was going to make a separate thread, but here’s the TL;DR:

 

In order to get a Chinese police certificate from abroad, we need to submit a proof of name change (in our case, the marriage certificate) that has been authenticated by the Chinese embassy in the country where the certificate was issued. 
 

Our marriage certificate was issued in Georgia (the country). The Chinese embassy in Georgia will only authenticate marriage certificates if both citizens are Chinese or one is Chinese and one is Georgian. So, as they say in Chinese, 没办法. It’s impossible. 
 

Now, how would the case officer know any of this? 
 

What would you advise? Should I email the embassy where we will be eventually interviewing and explain this ahead of time? 
 

I don’t see the purpose of using the public inquiry form, because it’s become abundantly clear that they have no authority whatsoever. 
 

Any advice is appreciated 

[Chancy 6,241]

5 hours ago, DK999 said:

What would you advise? Should I email the embassy where we will be eventually interviewing and explain this ahead of time? 

 

You may certainly try to contact the embassy, but it would be unlikely that the visa will be granted without presenting a Chinese police certificate.  Based on the DOS Reciprocity page for China, your circumstances regarding the PC do not fall within the scope of "unobtainable", as the only exception listed is for those who resided in China under diplomatic status.  That's it.

 

Here are some cases where the consulate still required a PC from China, regardless of the applicant's difficulty obtaining one.  Some never reported back whether they ever resolved the issue.  Hopefully you'll have better luck.

 

 

[DK999 14]

3 hours ago, Chancy said:

 

You may certainly try to contact the embassy, but it would be unlikely that the visa will be granted without presenting a Chinese police certificate.  Based on the DOS Reciprocity page for China, your circumstances regarding the PC do not fall within the scope of "unobtainable", as the only exception listed is for those who resided in China under diplomatic status.  That's it.

 

Here are some cases where the consulate still required a PC from China, regardless of the applicant's difficulty obtaining one.  Some never reported back whether they ever resolved the issue.  Hopefully you'll have better luck.

 

 

Thanks. Fingers crossed.