department of state vs. consulate office

[neel06 0]

the department of state is on my side and saying there is nothing wrong with my sponsorship requirement per their records.. however, the consulate asked my husband to submit additional documents... so i want to know who is bigger?

[pushbrk 12,883]

the department of state is on my side and saying there is nothing wrong with my sponsorship requirement per their records.. however, the consulate asked my husband to submit additional documents... so i want to know who is bigger?

The Consulate makes the visa decision. The DOS visa information line reports to you about what the Consulate noted in the computer database.

[Alt name 1]

In the case of a visa processed and approved in the US, and issued by the NVC, the State Department has made the decision and the consul has been tasked to complete the process and carry it out. aka medical review, etc. Support requirements are reviewed here for a K3 visa, and not a requirement at the local interview. Your applicant should bring a full set of documents, everything filed, to the interview, including the approved I-134 which should have already been processed. Your consul cannot over-rule these documents and require more beyond that.

For a K3 visa, the consulate does NOT make the visa decision. The visa has been approved. The consulate is tasked to complete the process aka medical check, fingerprinting, etd, and if they require more support evidence beyond what has already been reviewed and approved by the state department, they have overstepped their bounds.

Good luck, and regards to you

David and Nitadyah

the department of state is on my side and saying there is nothing wrong with my sponsorship requirement per their records.. however, the consulate asked my husband to submit additional documents... so i want to know who is bigger?

[pushbrk 12,883]

This is wrong, wrong, wrong. I'm not trying to be harsh but it is vitally important that certain things be understood.

NVC doesn't approve visas. Never, ever. USCIS "approves" petitions, not visas. An approved petition allows the foreigner to apply for a visa, nothing more. NVC is a clearing house that does some preparation and a name check prior to forwarding a case file to a Consulate for adjudication. Only after the Consulate is in possession of a K visa case file, is the foreigner even allowed to apply for a visa. NVC couldn't possibly approve a visa that hasn't even been applied for. This is why you see some of us continually correcting those USC's that say they sent their visa application in to the USCIS. They sent a "petition", not a visa application. The foreigner sends the visa application to the Consulate directly.

If a Consulate decides not to grant a visa, they return the case file to USCIS, not NVC.

NVC doesn't approve visas. Consulates do.

In the case of a visa processed and approved in the US, and issued by the NVC, the State Department has made the decision and the consul has been tasked to complete the process and carry it out. aka medical review, etc. Support requirements are reviewed here for a K3 visa, and not a requirement at the local interview. Your applicant should bring a full set of documents, everything filed, to the interview, including the approved I-134 which should have already been processed. Your consul cannot over-rule these documents and require more beyond that.

For a K3 visa, the consulate does NOT make the visa decision. The visa has been approved. The consulate is tasked to complete the process aka medical check, fingerprinting, etd, and if they require more support evidence beyond what has already been reviewed and approved by the state department, they have overstepped their bounds.

Good luck, and regards to you

David and Nitadyah

the department of state is on my side and saying there is nothing wrong with my sponsorship requirement per their records.. however, the consulate asked my husband to submit additional documents... so i want to know who is bigger?

[Sha2011 0]

the department of state is on my side and saying there is nothing wrong with my sponsorship requirement per their records.. however, the consulate asked my husband to submit additional documents... so i want to know who is bigger?

The consulates fall under the Department of State. Condolezza Rice is the head of that department.

[pushbrk 12,883]

the department of state is on my side and saying there is nothing wrong with my sponsorship requirement per their records.. however, the consulate asked my husband to submit additional documents... so i want to know who is bigger?

The consulates fall under the Department of State. Condolezza Rice is the head of that department.

Yes but as an entity of DOS, the people manning the information line in DC have zero power to overturn a decision made at a Consulate. Further, when such a decision is overturned, it is USCIS, part of Dept. of Homeland Security, that says, "Send this back to the Consulate and issue the visa this time unless you have a new reason not to."

Consulates issue visas.

[Zil 1]

the department of state is on my side and saying there is nothing wrong with my sponsorship requirement per their records.. however, the consulate asked my husband to submit additional documents... so i want to know who is bigger?

The consulates fall under the Department of State. Condolezza Rice is the head of that department.

Yes but as an entity of DOS, the people manning the information line in DC have zero power to overturn a decision made at a Consulate. Further, when such a decision is overturned, it is USCIS, part of Dept. of Homeland Security, that says, "Send this back to the Consulate and issue the visa this time unless you have a new reason not to."

Consulates issue visas.

That is basically true.

I know about exceptions in the past for non-immigrant visas such as H-1B (not sure if these exceptions still exist after 9/11 ) that the Department of State issued the visa to people who sent their passport (while in the US) to St. Louis for a visa stamp. I still have my passport that has the visa in it. Issuing Post Name: Department

The person who this visa was issued by the Department was already in the US in the same status. The visa was only needed if left and needed to reentry.

Edited November 7, 2007 by Zil

[Zil 1]

http://travel.state.gov/visa/frvi/glossary...ssary_1250.html

discontinued, except diplomatic and NATO visas

[neel06 0]

well consulate and the department of state are telling me two different things. i don't know who to believe.

the consulate told my husband that he needs to submit the co-sponsor's wife's I-134 and the department of state is telling me that according to their notes I need to submit an I-1864A.

I am so confused and don't know what to do. the department of state representative said that whatever is in their computer database comes from the consulate..............

:wacko: :wacko: :wacko:

[john_and_marlene 162]

well consulate and the department of state are telling me two different things. i don't know who to believe.

the consulate told my husband that he needs to submit the co-sponsor's wife's I-134 and the department of state is telling me that according to their notes I need to submit an I-1864A.

I am so confused and don't know what to do. the department of state representative said that whatever is in their computer database comes from the consulate..............

:wacko: :wacko: :wacko:

You have submitted 2 petitions--the I-130 for CR1/IR1 and the I-129 for a K3. The CR1/IR1 requires the I-864 and the K3 requires the I-134. The consulate is asking for financial paperwork for the K3.

[neel06 0]

well consulate and the department of state are telling me two different things. i don't know who to believe.

the consulate told my husband that he needs to submit the co-sponsor's wife's I-134 and the department of state is telling me that according to their notes I need to submit an I-1864A.

I am so confused and don't know what to do. the department of state representative said that whatever is in their computer database comes from the consulate..............

:wacko: :wacko: :wacko:

You have submitted 2 petitions--the I-130 for CR1/IR1 and the I-129 for a K3. The CR1/IR1 requires the I-864 and the K3 requires the I-134. The consulate is asking for financial paperwork for the K3.

i understand this...but according to the department of state records...to complete my K-3 they need an I-1864A from the co-sponsor and his wife. my goal is to figure out who do believe so there is no problem.