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maryam9824

Refugee status and/or expired tourist visa in Malaysia

By maryam9824 in IR-1 / CR-1 Spouse Visa Process & Procedures

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maryam9824 Rookie

maryam9824   0

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Hello! 


I’m a US citizen in the process of preparing the I-130/I-130a forms to petition for my husband in Malaysia. My question is:

 

Does having refugee status and/or an expired tourist visa affect the CR1 visa application during consular processing in Malaysia?

 

Our story: 

 

My husband and I met in March 2021 and got married in February 2024. He traveled to Malaysia on a tourist visa in July 2024 to apply for refugee status, as it is not safe for him to reside in Somalia. His refugee status application is still pending, as he has not yet had an interview with the UNHCR. We are planning to file the I-130 application soon.

 

I would like to know if his pending refugee status and expired tourist visa will affect his visa application when the case is sent for consular processing.

 

We have evidence to prove our bona fide marriage, including photos together, my visits to him, trips taken after our wedding, WhatsApp chat logs, FaceTime screenshots, and an affidavit letter of support.

 

Thank you!

 

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Boiler Grand Master

Boiler   45,314

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Do you mean asylum?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Boiler Grand Master

Boiler   45,314

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Well I have seen similar cases, not admittedly at this Consulate, where they have been successful.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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pushbrk Grand Master

pushbrk   12,814

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I don't see a problem.  His status is pending and he has evidence of that.  Presumably, while his status/application is pending he would not be deported.  He can only interview in Malaysia if he is still living there legally.

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Understanding the big picture is priceless. Anonymous

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maryam9824 Rookie

maryam9824   0

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On 10/7/2024 at 12:20 AM, pushbrk said:

I don't see a problem.  His status is pending and he has evidence of that.  Presumably, while his status/application is pending he would not be deported.  He can only interview in Malaysia if he is still living there legally.

 

Thank you for your answer! Yes his status is pending because they gave him a reference number after the initial registration. Hopefully that is ok? I was just concerned about getting the police certificates during the NVC stage and if that affects the process.  If his case with the UNHCR is still pending when we reach the interview stage, does that mean he can't interview there?

Thank you!

On 10/6/2024 at 11:18 PM, Boiler said:

Well I have seen similar cases, not admittedly at this Consulate, where they have been successful.

 

That's good to hear! Thanks :)

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pushbrk Grand Master

pushbrk   12,814

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13 minutes ago, maryam9824 said:

 

Thank you for your answer! Yes his status is pending because they gave him a reference number after the initial registration. Hopefully that is ok? I was just concerned about getting the police certificates during the NVC stage and if that affects the process.  If his case with the UNHCR is still pending when we reach the interview stage, does that mean he can't interview there?

 

No, it doesn't mean that but he WILL need the police certificates.

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Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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pushbrk Grand Master

pushbrk   12,814

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1 hour ago, maryam9824 said:

 

I'm assuming police certificates can be obtained by non-locals/non-residents? hopefully 

Assumptions are dangerous. Start here.  https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

 

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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maryam9824 Rookie

maryam9824   0

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On 10/10/2024 at 6:11 PM, pushbrk said:

Assumptions are dangerous. Start here.  https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

 

 

On the website, it says "Malaysia will not issue police certificates for applicants that are not permitted status in Malaysia. This includes refugee applicants if their status in Malaysia is not permitted".

 

Does a pending status count as a permitted status? Should I email the embassy? If he is unable to get a police certificate, can we write a letter saying he was unable to because of pending status? 

 

 

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pushbrk Grand Master

pushbrk   12,814

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40 minutes ago, maryam9824 said:

 

On the website, it says "Malaysia will not issue police certificates for applicants that are not permitted status in Malaysia. This includes refugee applicants if their status in Malaysia is not permitted".

 

Does a pending status count as a permitted status? Should I email the embassy? If he is unable to get a police certificate, can we write a letter saying he was unable to because of pending status? 

 

 

That is specific to Malaysia.  Ask for it.  If you get it, great.  If you don't, then ask for a written official reason why.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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pushbrk Grand Master

pushbrk   12,814

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25 minutes ago, maryam9824 said:

By ask for it, do you mean ask for a police certificate anyway? 

Yes

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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