Change of Embassy CR1

[sis201 0]

We have a bit of a unique situation going on. My wife and son’s i130’s have been approved and we’re going through the NVC stage. However, the embassy in their home country is severely backlogged at the moment and it seems to be a 20-24 month wait just for an interview.

 

My wife was born in Vietnam but never had a Vietnamese passport. Because of the war situation at the time her family fled with her when she was only 2. She has no record of a birth certificate from Vietnam or any sort of residence card. She did attempt to go to Vietnam to find a record of her birth certificate but they were unable to locate it and provided her with a certificate of no availability. She never knew her dad and her mom has passed away and I don’t think she has much record of either of them.

 

The thing is her current passport does indicate Vietnam as the country of birth and she's got a five year visa that allows her to stay up to 180 days. I’m thinking it’s not possible, but is there any way she could have the CR1/CR2 visa interview in Vietnam by transferring from her home country to the embassy in Vietnam? 

[Verrou 1,962]

where is her home country?

[sis201 0]

3 minutes ago, Verrou said:

where is her home country?

Pakistan. From what i’ve read they’ve got nearly a 2+ year wait for an interview.

[Redro 4,611]

She can request a change of venue but be aware 

1.) Vietnam is not an easy consulate and she might undergo extended admin processing which could exceed the time she is allowed to stay in Vietnam. 

2.)Generally, the beneficiary needs to show they are a resident or citizen AND have a home address in the country they’re changing to… we have seen members denied change of consulate requests even though they were citizens because they didn’t produce a home address in the country they wanted to interview in. 

 

[Verrou 1,962]

1 hour ago, sis201 said:

Pakistan. From what i’ve read they’ve got nearly a 2+ year wait for an interview.

agree with @Redro AFAIK. u cant just ask to switch consulate just because the other consulate is backlogged. and also ur wife need to be resident in vietnam and not just rely on passport that stated she was born it vietnam. 

[sis201 0]

1 hour ago, Redro said:

She can request a change of venue but be aware 

1.) Vietnam is not an easy consulate and she might undergo extended admin processing which could exceed the time she is allowed to stay in Vietnam. 

2.)Generally, the beneficiary needs to show they are a resident or citizen AND have a home address in the country they’re changing to… we have seen members denied change of consulate requests even though they were citizens because they didn’t produce a home address in the country they wanted to interview in. 

 

 

Thanks for the information! She definitely isn't a resident or citizen of Vietnam nor does she have a home address. I'm not sure if she can use a friend's or relative's home address in place of that. But then again she's not a resident or citizen so I don't think that does much. Looks like we'll be going through a long wait at the Islamabad embassy in Pakistan.

[sis201 0]

37 minutes ago, Verrou said:

agree with @Redro AFAIK. u cant just ask to switch consulate just because the other consulate is backlogged. and also ur wife need to be resident in vietnam and not just rely on passport that stated she was born it vietnam. 

 

I see. I figured maybe because she had a Vietnamese background she could switch consulates but I guess not. Thanks for the help though!

[Redro 4,611]

45 minutes ago, sis201 said:

 

Thanks for the information! She definitely isn't a resident or citizen of Vietnam nor does she have a home address. I'm not sure if she can use a friend's or relative's home address in place of that. But then again she's not a resident or citizen so I don't think that does much. Looks like we'll be going through a long wait at the Islamabad embassy in Pakistan.

Correct she wouldn’t be able to use a friend or relative’s address because she might have to show proof she was living in Vietnam- mail to the address, utility bills, a residence card etc. 
There are exceptional circumstances where one can transfer to another embassy without being a resident but the issue is would she be able to afford to stay in Vietnam for the medical exam and the interview or would she have to fly back between both appointments? Same goes for your son. 
Interviewing in a country when you are not a resident complicates issues and now you have to follow the rules of a third country. 
 

[JeanneAdil 6,489]

the problems is that she could go for extended AP no matter where she interviews

and the embassy could keep her passport ,  so she needs to be a legal resident and the ability to stay and support herself in another country

 

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

[Ontarkie 14,217]

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