Transfer Case -- on a tourist visa?

[calni27 2]

My husband and I are living in the Caribbean and want to transfer his case from Nigeria to Barbados. We are almost at the NVC stage and want to make the request as soon as our I-130 is approved. I learned that we can make the request directly to NVC and the government website says to transfer a case my husband needs, "proof of eligibility (citizenship/legal residency in the requested country or other documentation). 

Citizenship aside what qualifies as legal residency? Does that just mean residing in the country legally?

We have been living in the Caribbean for almost two years by extending our visitors visa every 3 months. We have a lease and had a child here who is a citizen. 

I recently saw a lawyer say being on a tourist visa can qualify as a legal residence but I want to know if anyone has successfully had their case transferred on a tourist visa?  

[Nashmusah 29]

3 hours ago, calni27 said:

My husband and I are living in the Caribbean and want to transfer his case from Nigeria to Barbados. We are almost at the NVC stage and want to make the request as soon as our I-130 is approved. I learned that we can make the request directly to NVC and the government website says to transfer a case my husband needs, "proof of eligibility (citizenship/legal residency in the requested country or other documentation). 

Citizenship aside what qualifies as legal residency? Does that just mean residing in the country legally?

We have been living in the Caribbean for almost two years by extending our visitors visa every 3 months. We have a lease and had a child here who is a citizen. 

I recently saw a lawyer say being on a tourist visa can qualify as a legal residence but I want to know if anyone has successfully had their case transferred on a tourist visa?  

You only have to be a resident permit in that country where you are trying to transfer your case .

Visitors visa doesn't qualify for been a resident in a country where you visit. 

By the way I wish you good luck. 

[calni27 2]

This country doesn't offer a resident permit. They only have a work visa, and you have to have a work visa for 5 years in a row to even apply for residence. Each country has their own immigration laws, what I trying to understand is what exactly is the point the US is trying to make. I suspect it's that one is in another country legally and can make the visa appointment. 

[Boiler 45,347]

It's up to the Consulate as to whether they will interview visitors or not, all you can do is ask.

[pushbrk 12,822]

1 hour ago, calni27 said:

This country doesn't offer a resident permit. They only have a work visa, and you have to have a work visa for 5 years in a row to even apply for residence. Each country has their own immigration laws, what I trying to understand is what exactly is the point the US is trying to make. I suspect it's that one is in another country legally and can make the visa appointment. 

You are correct that the process varies by country.  In general, you must interview where you are a citizen or legal resident.  However, I'm the US Citizen anyway, but even though I'm a tourist in the Philippines, I've been living here almost seven years. Back when there was DCF, I would have qualified to do DCF, because I have an actual long term lease, driver license and Alien ID card issued by the Philippines.  I would encourage you to try the transfer, but be prepared for any result.

[Timona 4,207]

5 hours ago, calni27 said:

My husband and I are living in the Caribbean and want to transfer his case from Nigeria to Barbados. We are almost at the NVC stage and want to make the request as soon as our I-130 is approved. I learned that we can make the request directly to NVC and the government website says to transfer a case my husband needs, "proof of eligibility (citizenship/legal residency in the requested country or other documentation). 

Citizenship aside what qualifies as legal residency? Does that just mean residing in the country legally?

We have been living in the Caribbean for almost two years by extending our visitors visa every 3 months. We have a lease and had a child here who is a citizen. 

I recently saw a lawyer say being on a tourist visa can qualify as a legal residence but I want to know if anyone has successfully had their case transferred on a tourist visa?  

 

What are your nationalities? 

Why live in Barbados?

You are lung there as a tourist for 2 years? Do you guys work? 

 

There's specific reasons why I asked these questions 

[Demise 1,263]

23 hours ago, calni27 said:

My husband and I are living in the Caribbean and want to transfer his case from Nigeria to Barbados. We are almost at the NVC stage and want to make the request as soon as our I-130 is approved. I learned that we can make the request directly to NVC and the government website says to transfer a case my husband needs, "proof of eligibility (citizenship/legal residency in the requested country or other documentation). 

Citizenship aside what qualifies as legal residency? Does that just mean residing in the country legally?

We have been living in the Caribbean for almost two years by extending our visitors visa every 3 months. We have a lease and had a child here who is a citizen. 

I recently saw a lawyer say being on a tourist visa can qualify as a legal residence but I want to know if anyone has successfully had their case transferred on a tourist visa?  

 

This is one of those fuzzy questions because as you noted every country has their own immigration system and may or may not have a similar status to that of a permanent resident and may have different qualifications for naturalization.

That being said, I think that living there for a number of years where you successfully renewed multiple times (and likely can just keep renewing forever), are leasing a place to live, and had a kid who's a citizen of Barbados, are all good arguments to bring up when asking for the transfer.

 

Ultimately it is up to the NVC and the consulate in question whether or not to take your case. So all in all, you should ask (this is one of those situations where the worst they can do is say no), give them proof that you've live and have lived there legally for a while, some print out of how the visa policy works, proof that kid is a local citizen, proof that you're renting a place, and otherwise just living there indefinitely as whatever visitors you are. Then just hope for the best but do prepare for having to take a trip to Lagos for your husband's IR1 visa.

Edited September 9 by Demise

[calni27 2]

On 9/8/2024 at 5:04 PM, Timona said:

 

What are your nationalities? 

Why live in Barbados?

You are lung there as a tourist for 2 years? Do you guys work? 

 

There's specific reasons why I asked these questions 

My husband is Nigerian. We live in the Caribbean because it's one of the few places outside of Africa that he could travel to visa free and live together while we wait out this visa process.  I work online.  

[Timona 4,207]

1 hour ago, calni27 said:

My husband is Nigerian. We live in the Caribbean because it's one of the few places outside of Africa that he could travel to visa free and live together while we wait out this visa process.  I work online.  

And you? Whats your nationality? 

 

Reason why I asked is because know this Barbados loophole that a lot of West Africans are trying to use. It was very rampant during COVID times. 

 

Without residence, I don't think you're going to succeed, post-COVID 

[calni27 2]

4 hours ago, Timona said:

And you? Whats your nationality? 

 

Reason why I asked is because know this Barbados loophole that a lot of West Africans are trying to use. It was very rampant during COVID times. 

 

Without residence, I don't think you're going to succeed, post-COVID 

I'm a US citizen. 

I imagine many West Africans want/ed to go to Barbados but few would actually be able to do it because of the travel restrictions as they would have to fly through the UK or Europe and that requires a transit visa which are quite difficult to attain. So I am doubtful that many actually made it to the Caribbean thus wouldn't effect our chances. 

[Timona 4,207]

41 minutes ago, calni27 said:

I'm a US citizen. 

I imagine many West Africans want/ed to go to Barbados but few would actually be able to do it because of the travel restrictions as they would have to fly through the UK or Europe and that requires a transit visa which are quite difficult to attain. So I am doubtful that many actually made it to the Caribbean thus wouldn't effect our chances. 

 

You'd be surprised. Visit Guatemala City and ask how they got there. That's the 2024 route