partyank

I'm a long time US resident alien, (green card holder) my spouse (60 + years old) of 3 years is a New Zealand citizen however born in Fiji to New Zealand parents. She left prior to her first birthday but has never been a Fiji citizen. I filed a i130 for her in August 2012 and she remained here in the USA while things worked through the system.

Finally she is getting an interview but she must leave the USA and fly to Fiji for an interview at there. It also means she must get a Medical Examination in Fiji but needs the results prior to the interview. The results may take a good deal on time, who knows as things move slow on island time.

Is it possible to have a medical examination in the USA before the interview?

What would happen if she gets declined?

Should I travel with her for the interview? It states in the documents I can not be part of the interview which seems to go against advice I read on the forum.

Thanks for any advice.

Noorah101

What is her status in the USA? What visa does she have which is allowing her to remain in the USA for almost 2 years?

No. The medical MUST be done by panel physicians specifically associated with the US Embassy in the country where the visa will be issued.

It would depend on the reason for the visa denial. Does she have some kind of criminal or medical history that could make her ineligible for an Immigrant Visa to the USA? If her visa gets completely denied, you could move to Fiji (or maybe New Zealand), or you could both try to move to a 3rd country.

You can if you want to, but it's not required.

I doubt anyone here has specific experience with interviewing at the US Embassy in Fiji. What you read on here probably relates to interviews done in London, where the spouse is allowed to attend, if arrangements are made ahead of time.

Rene

Noorah101

Just curious why her interview is being done in Fiji, when she's never really lived there. Why didn't you ask for it to be done in New Zealand?

Rene

ian-mstm

What is her status in the US? It's entirely possible that she'll face an immediate 10-year ban on returning to the US if she entered on the VWP and has overstayed. The ban will trigger the moment she leaves the US.


You can travel with her, yes... but you won't be allowed to be with her during the interview!


Not really, no - it doesn't. The USC spouse is almost never allowed into the interview room with the applicant... but there's nothing to stop you from travelling with her.

Ian

Noorah101

So I take it someone born in Fiji does not automatically become a Fiji citizen? I find it odd that she's interviewing in a country where she's never lived, and is not a citizen of.

Rene

partyank

She originally entered on a multiple entry (10 year) for 6 months visa, as she has done a few times over the last 5 years. The last time she entered with me with the intent to return down-under but I convinced her it would be better to become a full time resident. I had retired in 2007 and we had traveled around the world a fair bit together, getting married on a trip in 2011 in the USA, but we left again for a few months. I was convinced I should return to employment and took a full time job in the USA and now awaiting to become a US citizen. I filed an i130 for her and while it is in process she is allowed to remain in the USA. In fact encouraged to as if she leaves she is deemed not to want to live in the USA. She has no legal resident status during this period. She was issued a Social Security Number for banking purposes but not a SS card.

partyank

Born in Fiji but at the time Fiji was not an independent, both parents were New Zealand citizen and she was registered as a New Zealand citizen, long ago dual citizens were rare.

The reason the interview is in Fiji is she was born there, and USCIS is using a Fijian immigration slot.........I agree it makes little sense.

Noorah101

I'm sorry, I'm having a hard time following what she's done. I guess you're saying she has an actual B-2 visitor visa in her passport, valid for 10 years, multiple entry. What is the date of her most recent entry to the USA using her B-2 visa?

Simply filing an I-130 does not give her permission to remain in the USA while it processes. If she has remained in the USA beyond the date on her I-94, then she has overstayed.

Who encouraged her not to leave (as she will be deemed not to want to live in the USA)?? That is simply not true. B-2 visitors are expected to leave the USA before the date on their I-94. That has no bearing on her future wishes to live in the USA.

A B-2 visa holder is not eligible for a Social Security Number. She actually filled out a SS application, turned it in (in person), and received a SS number? Or are you thinking of an ITIN number for tax purposes only?

Rene

Noorah101

So on Page 2 of the I-130 application, you designated Fiji as the country where she will apply for a visa abroad?

http://www.uscis.gov/sites/default/f...form/i-130.pdf

You probably should have written New Zealand there, that would have made more sense.

Rene

Noorah101

More likely "up to the interview window". I've not heard of the interviews being done in a "room" unless it's a Stokes interview.

Rene

Noorah101

The above almost sounds like an Adjustment of Status case, where one must remain in the USA until they have AP in hand, or until a decision is made on the case.

But since you received a notice of interview in Fiji, I assume all you filed was the I-130 towards her immigrant visa.

Rene

partyank

On the i130 form page 2 item 22 Phoenix Arizona was used to adjust her status.
USCIS decided on Fiji and the only connection is her birth place. As I'm can get social security retirement by default so can she, but only if she leaves the USA as she is a non-resident. She can not get it in the USA until she becomes a legal resident........I have this in writing from the Social Security Dept.

After 6 months the i-94 becomes invalid it can be extended but if you desire to become a resident you can not file an i-130 and apply to extend. I had an attorney get that resolved as the USCIS told her to apply for an extension. The attorney stated for her to remain and it is a fact she can while the case moves through the system it is not broadcast, probably for fear everyone will try to take advantage of the rules............which seem to change as you go through the process.........

partyank

Researching Fiji........My spouse was born 20 years prior to this when New Zealand governed Fiji as part of the Commonwealth........

The British granted Fiji independence in 1970. Democratic rule was interrupted by two military coups in 1987 precipitated by a growing perception that the government was dominated by the Indo-Fijian (Indian) community.

partyank

Adjustment of Status case can not come till after all the other BS. The attorney stated once it was in the NVC hands time extends out..........

Noorah101

But she isn't adjusting her status, she's leaving the USA and getting an immigrant visa, right? Is she doing an Immigrant Visa process or an Adjustment of Status process? If all you filed was an I-130, and then followed up later with an Affidavit of Support and documents sent to NVC, along with some fees paid...then she is doing an Immigrant Visa process (meaning she leaves the USA and gets a visa so she can return to the USA and become a US PR upon entry). She's not doing an Adjustment of Status process.

OK, then USCIS somehow used her birth place as a default country to have her Immigrant Visa interview done.

OK....but how did she actually get a Social Security Number? B-2 visitors are not allowed to have one.

I know.

OK, so she entered on a B-2 and then at 6 months she filed for an extension. Was that approved? What was the date of her last entry to the USA?

Well, she can if she applied for an extension, yes. You had not mentioned that before. Filing the I-130 does not give her permission to stay, but filing for a B-2 extension does. That allows her to stay until a decision is made on the extension application.

Our concern is that she might have overstayed, but if you have an immigration attorney working for you who knows what he's doing, I will trust his work on the case.

Rene