ibulp

Hello, 

So we are waiting for an interview for my wife, I received an email from the US Embassy they asked us to send my wife's passport all of the 48 pages. 

What is that mean ? Anyone else been asked same thing before ?

48 minutes ago, yusef94 said:

You are not alone we all waiting for Ankara interview, many are before you, you can't do anything but wait. They're processing visas for Turkish resident and citizens only you have no right to sue or complain so just wait. Our case been sitting at NVC for 7 months now, I know people been waiting for 9 and some 11 months. They have piles over piles of cases its not fair to others to rush some and leave some, they don't even accept expedite!!!!!!!! i called many times and showed them how serious the situation in Iraq is and they refused our expedite multiple times, and I have a friend who's living in Turkey been waiting for an Interview for 10 months ( he's Turkish resident) and just got his interview last month but no VISA yet, still waiting for them to finish it. 

In other words, chill and wait there's nothing you can do, good luck.

Well I'm chill as I mentioned I was ONLY asking IF it is possible to sue the state department. 

24 minutes ago, pablo2752 said:

Sorry about your situation, but what would the basis of your lawsuit be?

I explained my situation and asked if I can sue them and obviously not. 

10 minutes ago, pushbrk said:

You're "whys" are understandable but a law suit will not work.  Actually, the Consular IV unit sends available dates to NVC, which NVC uses to assign interview dates.  If NVC transferred your case to Ankara, then you should be in the queue as of the date of transfer.  Will be interesting to see what your Congressman's office finds out from NVC.  Sounds to me like you might qualify for an expedited interview appointment, but lots of people waiting a long time now, due to COVID 19 related closures.

The office of Van Taylor has been very helpful and helping out they gave me lot of hope today and stated to me that will be working on it. 

I will keep this thread updated as they reach out to me fingers are crossed. 

3 minutes ago, pushbrk said:

Embassies and Consulates absolutely ARE part of the State Department, as is NVC.

 

For the OP.  You wrote "We hold..A...1 year visa..."  Perhaps you each hold a one year visa.  Correct use of that term of the visa is that a one year visa allows one or more entries during a 1 year period.  Has nothing to do with how long you are allowed to STAY.  

 

I have a Ten Year Visa for China in MY passport, but it is certainly not equivalent to residency and I'm only allowed to stay for six months at a time, maximum.  The Immigrant Visa Unit of the Consulate in Ankara would not refuse your case if you were legally residing there.

My wife holds a one year visa for Turkey for multiple entries but I'm not sure how long she can stay at a time and we are in process to apply for a Turkish residency card. My congressman contacted the Embassy and called me today they said the embassy advised them NVC is the one schedules appointments and they said they will contact NVC. 

I was told by NVC before that Embassy is the one schedules appointments and sends to NVC so we are a bit confused there. 

Pardon my ignorance in this matter but the reason I want to sue then and I know it will probably fail but have to try anyway is that because they are keep delaying this case for no reason my wife traveled to Turkey twice since she got her visa and she has no problem to be in Turkey. We were told by The embassy once if we are in Turkey for 10 days they will give us an interview and I have copies of their emails, I replied and told them we will be in Turkey for two weeks what is the appointment date and they never responded to that email. 

It is very frustrating and I have a very well paying job but I will have to lose it and move to be with my wife if they don't process our application. I'm also a former US Army translator and it will be risk on my life to be in Iraq . 

That is why I'm frustrated and stressed and seeking any legal avenue to use against them to move my case.

1 hour ago, Beth & Achraf said:

YOU are the US Citizen, she is not . Married to you don't give her any special treatment with USCIS,    You will spend more time & money trying to sue them,    it will most likely be thrown out IF it even gets there.

Try contacting your congressmen, you do pay their salary.

 

And as mentioned, USCIS is self funded, your not paying their salary.

My case is at the state department I had no issued with USCIS in fact USCIS finished and sent my case to NVC in 7 months . It is NVC and US Embassy in Ankara that I have issues with. 

43 minutes ago, JFH said:

The Ankara embassy says they are processing visas for Turkish citizens and Turkish residents with a residence permit. Does your wife have a residency permit for Turkey or the possibility of getting one?

 

https://tr.usembassy.gov/visas/immigrant-visas/

I don’t see how you can sue anyone. Immigration is a privilege, not a right. It’s a mess that your case has stalled. But what would suing achieve? If the embassy is closed no visa can be issued. It’s as simple as that. 

We carry a one year visa which equivalent to one year residency permit and we as US citizen I believe my government is there to provide services for we the people and that is why we fund the government and they are not servicing my case and that is the grounds I want to sue them perhaps a judge can order them to get my case moving. 

Greetings, 

We have an approved I-30 since august 2019 and was at NVC at the time and at the US Embassy at Baghdad waiting for an interview. Protestor attacked the US Embassy in Baghdad so we had to move our case to US Embassy in Ankara, Turkey instead and March 2020 Covid hits the world and ever since the Embassy in Ankara is telling us that they only schedule interview appointments for applicants who are living in Turkey.

My wife lives in Iraq but we have a tourist visa good for a year for her and contacted both Embassy and NVC multiple times but they are refusing to help.

What can I do at this point? We really need to get an interview and get done with it or I have to move back.

If they keep delaying it can I sue the State Department? 

Please advise and help and I will be willing to hire an attorney if that can help.

7 minutes ago, GregandNatty said:

My bad.  His statement here "221G is not too bad I dealt with it myself" led me to believe he was a greencard holder. 

Yeah when I came to states in 2012 I had to go through it 🙂 became citizen two years ago .

1 hour ago, GregandNatty said:

 

Only if the sponsor is a USC.  Doesn't sound like this guy is a USC.

Yes , I'm a USC and our visa is an IR1 for USC spouse

6 minutes ago, Missing7abibi said:

How long did it take for you? 

In 2012 it took me 5 months, I was an SIV I knew people who waited longer and some who waited shorter but it is very normal nothing you should be worried about it. 

4 minutes ago, Missing7abibi said:

Be prepared for her to be given the most hated form ever given at a visa interview the 221g Administrative Processing whether you arent missing any paperwork or not and just wait a month maybe two maybe six months maybe a year only God knows 😩. 

221G is not too bad I dealt with it myself and it is part of the process especially her being Iraqi national. It's basically means they will do extreme background check.

12 hours ago, payxibka said:

I am sure.  I can actually comprehend what I read.   You are taking it out if context 

I do sincerely apologize and again I was a bit panicked.

3 minutes ago, SusieQQQ said:

 

Yes, the bit above that numbered list says the ban does NOT apply to them 

You are awesome, You just made my day I should have paid more attention to all the details.

Thank you very much for this ... I'm grateful you stopped by

1 minute ago, SusieQQQ said:

None of the various bans under the proclamations apply to spouses of US citizens,

2 minutes ago, payxibka said:

So four months ago. This proclamation was back in June.  Spouses are exempt 

I really appreciate you calming me down but can you please advise what does the following mean? I got it from the proclamation:

(iv)    any alien who is the spouse of a United States citizen;

24 minutes ago, ibulp said:

(iv)    any alien who is the spouse of a United States citizen;

1 minute ago, payxibka said:

So four months ago. This proclamation was back in June.  Spouses are exempt 

Are you sure? Please review the red text I got from the proclamation

5 minutes ago, NancyNguyen said:

Where is she now?

 

She is currently in Iraq!

On 9/5/2020 at 12:54 AM, Jorgedig said:

You will probably need to wait until the petition arrives at Doha, and then ask that they request the embassy in Turkey to take it.   Such moves are generally discretionary by embassy.

I asked the Embassy in Doha they told me I have to ask NVC

Hello kind people,

I just happened to be reviewing NVC website and I read this presidential proclamation that was signed by president Trump suspending entry and visas to US.

My wife has an IR1 visa type waiting for an interview, should we be worried or is there a way to apply for a waiver?

Here is the link to the proclamation and text:

https://travel.state.gov/content/travel/en/News/visas-news/Proclamation-Suspending-Entry-of-Immigrants-Who-Present-Risk-to-the-US-labor-market.html

NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions.  I therefore hereby proclaim the following:

Section 1.  Suspension and Limitation on Entry.  The entry into the United States of aliens as immigrants is hereby suspended and limited subject to section 2 of this proclamation.

Sec. 2.  Scope of Suspension and Limitation on Entry.  (a)  The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:

(i)    are outside the United States on the effective date of this proclamation;

(ii)   do not have an immigrant visa that is valid on the effective date of this proclamation; and

(iii)  do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

(b)  The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:

(i)     any lawful permanent resident of the United States;

(ii)    any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees;  and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;

(iii)   any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;

(iv)    any alien who is the spouse of a United States citizen;

(v)     any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

(vi)    any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

(vii)   any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;

(viii)  any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or

(ix)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

Sec. 3.  Implementation and Enforcement.  (a)  The consular officer shall determine, in his or her discretion, whether an immigrant has established his or her eligibility for an exception in section 2(b) of this proclamation.  The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish in the Secretary of State’s discretion.  The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish in the Secretary of Homeland Security’s discretion.

(b)  An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security.

(c)  Nothing in this proclamation shall be construed to limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws of the United States.

Sec. 4.  Termination.  This proclamation shall expire 60 days from its effective date and may be continued as necessary.  Whenever appropriate, but no later than 50 days from the effective date of this proclamation, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend whether I should continue or modify this proclamation.

Sec. 5.  Effective Date.  This proclamation is effective at 11:59 p.m. eastern daylight time on April 23, 2020.

Sec. 6.  Additional Measures.  Within 30 days of the effective date of this proclamation, the Secretary of Labor and the Secretary of Homeland Security, in consultation with the Secretary of State, shall review nonimmigrant programs and shall recommend to me other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.

Sec. 7.  Severability.  It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the interests of the United States.  Accordingly:

(a)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby; and

(b)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid because of the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements to conform with existing law and with any applicable court orders.

Sec. 8.  General Provisions.  (a)  Nothing in this proclamation shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or,

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-second day of April, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth.

Hello everyone, 

My wife is from Iraq and her case is currently at NVC. In October the US Embassy in Baghdad, Iraq was shut down and NVC moved my wife's case to Doha, Qatar without asking us.

Qatar doesn't allow Iraqi citizens to enter the country and my wife will not be able to travel to Qatar. I asked NVC to move the case to Turkey and they didn't.

How do I escalate my inquiry can anyone please help?

Thank you,

46 minutes ago, aaron2020 said:

Hi.

 

VJ has DIY Guides.  Please read them to educate yourself about the process.  The answers to your questions are in the Guides and form instructions.  The Guides have example forms. 

 

 

Hello, can you please give me the link for VJ guides, I'm new here and don't have much experience. Thank you.

Hello Everyone,
USCIS approved my wife's I-30 and sent it to NVC. I received an email from NVC with case and invoice number and requested me to pay AOS and Applicant Visa Fees.
I paid my fees and now is asking for AOS " affidavit of support and financial documents" My question is:
What is Affidavit of Support?
What financial documents they want? " bank statements, pay stubs, w2!?"
And how much money should be making to be eligible without needing to get a joint sponsor " co-sponsor"

And are there any templates of AOS here I can check out?

Thank you everyone and happy thanksgiving.