Serious help needed; someone respond

[Jerrod 0]

HI All,

I am going crazy here and need some advice. If any lawyers are here please give me advice, others please chime in as well.

Background:

My wife is Russian but was born in Tajikistan. At the age of 16 and 10 months she moved to Russia to study. Do to a registration error, she was only registered from the age of 17 and 8 months. This is the age her police certificate states. I asked Vicky if she has any documents stating she lived in Russia and she found her official university diploma which states she started at the age of 16 and 10 months.

I called Moscow and told them this, and also that the US Dept. of State website states that this document is unavailable from Tajikistan (and 38 other countries). The operator stated, if she were born there she does not need a police certificate. She sounded confident but she was not an American and I can only assume someone trained at the low level.

It turns out that what she told me about another question was wrong, so I wrote the consulate to confirm about the police certificate (I failed to include the US dept. law). She said if they do not issue police certificates they would need a letter stating that.

Vicky told me it would be impossible to get this document a long time ago and so after finding that US dept. of state law, I let it go, only double checking things did I realize this may be wrong. Anyway, I had Vicky call the Tajikistan embassy and it turns out they do in fact offer police certificates!!! If you can get it is another thing, but they do offer them. The time line is about 3 months!! Vicky's interview is Oct. 2.

So I have two questions, the interview and if the visa requires additional documents.

1.

During the interview it will likely come up that the document is missing. According to the official website, if you have lived abroad for ONLY more than a year, you need a police certificate. Here is what the website states: "

Does this fit our situation? If so, the diploma should be considered official stating she lived there.

If this does not, should I have her state the US dept. of state law that says do not request them?

What is the best course of action during the interview if this does come up.

2. I assume if they want the police certificate, that we will have a certain amount of time to get it to them and reschedule the interview, right? Last time I was given 30 days to get the documents to them (which is quite unfair for international documents). What is the typical time line?

If this is the case, how should I proceed? Is it possible to get a lawyer that could tie the case up for the additional 4-6 months it will likely take to receive this document?

I am going mad here worrying about this and so is my wife. We just want to be together and are so tired of all of this.

Thanks,

Jerrod

[Jerrod 0]

Number one should read:

1.

During the interview it will likely come up that the document is missing. According to the official website, if you have lived abroad for ONLY more than a year, you need a police certificate. Here is what the website states: "Applicants are required to submit police certificates (original and translation) in all names as well as all dates of birth that they have used. The police certificate must contain references to each place (subject to the jurisdiction of the Russian Federation) in which the applicant lives or has lived for more than six months since reaching the age of 16. This includes localities where applicants have lived during university studies. If the applicant was on military service, he/she should bring the certificate from the local draft board. If an applicant has lived abroad for more than one year, a police certificate must also be submitted from the country in which he/she lived. "

Does this fit our situation? If so, the diploma should be considered official stating she lived there.

If this does not, should I have her state the US dept. of state law that says do not request them?

What is the best course of action during the interview if this does come up.

Edited August 31, 2007 by Jerrod

[mike & elena 0]

Number one should read:

1.

During the interview it will likely come up that the document is missing. According to the official website, if you have lived abroad for ONLY more than a year, you need a police certificate. Here is what the website states: "Applicants are required to submit police certificates (original and translation) in all names as well as all dates of birth that they have used. The police certificate must contain references to each place (subject to the jurisdiction of the Russian Federation) in which the applicant lives or has lived for more than six months since reaching the age of 16. This includes localities where applicants have lived during university studies. If the applicant was on military service, he/she should bring the certificate from the local draft board. If an applicant has lived abroad for more than one year, a police certificate must also be submitted from the country in which he/she lived. "

Does this fit our situation? If so, the diploma should be considered official stating she lived there.

If this does not, should I have her state the US dept. of state law that says do not request them?

What is the best course of action during the interview if this does come up.

I found these guidelines. Maybe they will be of help. If you are only missing the 10 months from the 16th birthday forward to the 16y10m date the Embassy will give you instruction on what is required if anything is required at all.

Police certificates are required from every visa applicant aged 16 years or over for each locality of the country of the applicant‹s nationality or current residence where the applicant has resided for at least six months since attaining the age of sixteen. Police certificates are also required from all other countries where the applicant has resided for at least one year.

IF the applicant is living in their country of nationality at their current residence for more than 6 months

AND is 16 years old or older

THEN the applicant needs a police certificate from the police authorities of that locality.

IF the applicant lived in a different part of their country of nationality for more than 6 months

AND was 16 years or older at that time

THEN the applicant needs a police certificate from the police authorities of that locality.

IF the applicant lived in a different country for more than 12 months

AND was 16 years or older at that time

THEN the applicant needs a police certificate from the police authorities of that locality.

IF the applicant was arrested for any reason, regardless of how long they lived there

AND was any age at that time

THEN the applicant needs a police certificate from the police authorities of that locality.

** On police clearances, as per the FAM, they may be unavailable. Or with some countries [Korea comes to mind], they will be sent directly to the consulate from the involved government. The consulate can explain the alternate requirements to the beneficiary in detail.

Best Wishes