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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Sep 14th 2017, 7:56 pm
  #3721  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

My spouse visa interview was in London Embassy in April last year. My Waiver of Inadmissibility was approved by USCIS 2 weeks ago. Today London Embassy NVC contacted me to say I needed new doctors appt from London surgery, police certificate and to come in to embassy for fingerprinting. However, I have since moved to USA (my L1 was issued since April).
2 Questions:
- Can I complete the spouse visa process from USA? ie Instead of going to London can I go to a USA doctors, USA NVC for fingerprinting? I will obviously ask NVC this question but expect to get a quicker response here.
- Should I apply for adjustment of status as an L1 visa holder transferring to a spouse IR1, or would this unnecessarily delay the process? I am concerned that I am currently at the end of an incredibly lengthy and stressful process and changing my application now may put me back to square one.
Thanks in advance Ian mtsm and hopefully shiversaint too for your ever-appreciated expertise #legends
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Old Sep 14th 2017, 9:20 pm
  #3722  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by TheWaitingPlace
Can I complete the spouse visa process from USA?
No - but since you're now in the US, why would you want to bother?


Instead of going to London can I go to a USA doctors, USA NVC for fingerprinting?
No, and no.


I will obviously ask NVC this question...
Oh dear god, why bother? They're not going to answer your questions or give you any advice.


Should I apply for adjustment of status...
Yes... probably easier all around.


... as an L1 visa holder transferring to a spouse IR1, or would this unnecessarily delay the process?
I understand what you mean... but that's not what you'd be doing. You'd simply be adjusting your status based on marriage to a USC.


I am concerned that I am currently at the end of an incredibly lengthy and stressful process and changing my application now may put me back to square one.
You're already in the US in legal status. File to adjust your status and move forward with life.

You might want to contact London and let them know you are no longer pursuing an CR-1/IR-1 visa.

Ian
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Old Sep 14th 2017, 9:40 pm
  #3723  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Thanks for quick reply Ian...

Originally Posted by ian-mstm
No - but since you're now in the US, why would you want to bother?
So I have flexibility/choice in my employment, not afraid of getting booted out if there's a problem with my job and can start the process for citizenship sooner


Originally Posted by ian-mstm
Oh dear god, why bother? They're not going to answer your questions or give you any advice.
Fair point

Originally Posted by ian-mstm
I understand what you mean... but that's not what you'd be doing. You'd simply be adjusting your status based on marriage to a USC.
But the question remains - wouldn't adjustment of status mean beginning a whole new process, with new forms, new waiver of inadmissibility, new fees etc?
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Old Sep 14th 2017, 10:15 pm
  #3724  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by TheWaitingPlace
So I have flexibility/choice in my employment, not afraid of getting booted out if there's a problem with my job and can start the process for citizenship sooner
You'll be tied to your L-1 sponsor until you get an EAD (or your green card), but after that you can work for anyone you want... including yourself. Yes, you can apply for naturalization 3 years after you get your green card based on your marriage to a USC.


But the question remains - wouldn't adjustment of status mean beginning a whole new process, with new forms, new waiver of inadmissibility, new fees etc?
Well, it's a new process - yes... but there's no waiver involved because you're already in the US! As for fees, you've got to offset the cost of the AOS process against a round trip back to the UK + the cost of a medical + a new ACRO. I submit the difference may be negligible although, to be fair, I haven't done the math.

Ian
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Old Sep 15th 2017, 7:47 am
  #3725  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by usadreaming
@Ian, you are as ever are the voice of reason. You make a very good point that they are probably contractors. However my point being that on point 3 RE: me missing my summer holidays, the reply below from shiversaint was SPOT ON! Thanks @shiversaint. It is indeed 30 days which illustrates my point, shiversaint appears to know more than the consulate misadvice line!! If they could have just mentioned that it would likely have been 30 days I could have happily booked a holiday worry free.

Now, you may ask how I know that shiversaint is correct?

I made the call described earlier at about 12.30pm my time.

Lo and behold, 4 hours later...

https://ibb.co/daV3Dk
https://ibb.co/daV3Dk

Are we 100% that we are powerless to influence in any way? That is the mother of all coincidences...
Coincidence or not that is a great result.

What is the number? Will try the same thing myself.
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Old Sep 15th 2017, 1:36 pm
  #3726  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Noodler
Coincidence or not that is a great result.

What is the number? Will try the same thing myself.
020 3608 6998

Prepare yourself for a painful call with not much good advice. FYI, there is no actual option for advice at all, I pressed option 3 for appointments and you get through to someone.

On another point, I would like to thank all the really helpful people who have offered advice in this thread, you have kept me sane. Ill keep monitoring and try to help others with my very limited experience.

For the record, to reiterate, my appointment was 14th April so thats 22 weeks! If you are waiting, hang in there
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Old Sep 17th 2017, 12:49 pm
  #3727  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Just a quick note on current timescales,

this is my second waiver my interview was in May and I have submitted my passport as requested

The first visa took 28 weeks

This time round it has been 18 weeks,not sure on how long this one is for yet first one was a year would be nice to get 5 years this time

Good luck to all still waiting
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Old Sep 17th 2017, 12:50 pm
  #3728  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

When did you get what email?

Originally Posted by k.b
Just a quick note on current timescales,

this is my second waiver my interview was in May and I have submitted my passport as requested

The first visa took 28 weeks

This time round it has been 18 weeks,not sure on how long this one is for yet first one was a year would be nice to get 5 years this time

Good luck to all still waiting
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Old Sep 17th 2017, 12:58 pm
  #3729  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Noodler
When did you get what email?
Email to submit passport came through friday , submitted passport same day to couriers in london
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Old Sep 17th 2017, 1:15 pm
  #3730  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by k.b
Email to submit passport came through friday , submitted passport same day to couriers in london
Be interested to know how long it takes to come back.

I got a request for more info on Wed 13th and replied straight away. Got an email at 09:00 on Thu to say they have sent the info on DHS.It was only a few lines of a statement.

Hoping I hear something next week.
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Old Sep 17th 2017, 1:23 pm
  #3731  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Noodler
Be interested to know how long it takes to come back.

I got a request for more info on Wed 13th and replied straight away. Got an email at 09:00 on Thu to say they have sent the info on DHS.It was only a few lines of a statement.

Hoping I hear something next week.
My email was just submit passport no additional documents required,

I suspect ill have it back by friday
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Old Sep 18th 2017, 12:07 pm
  #3732  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Got my email today start of week 18.

Cant get on to the site to print my DS160 off

Documentation not that clear but looks like I have to include a courier receipt form, passport and copy of DS160.
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Old Sep 18th 2017, 12:24 pm
  #3733  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by Noodler
Got my email today start of week 18.

Cant get on to the site to print my DS160 off

Documentation not that clear but looks like I have to include a courier receipt form, passport and copy of DS160.
Depending on the method you chose just follow the instructions

You have to print the courier in part and this has your ds160 details on it so thats all you should need along with your passport

Take them down to the dx delivery people and thats it wait for it to be returned
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Old Sep 18th 2017, 12:29 pm
  #3734  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Yes it has the detail on the courier in page but it says to include my DS160 and passport.

Waited long enough so don't want to get it wrong.

Originally Posted by k.b
Depending on the method you chose just follow the instructions

You have to print the courier in part and this has your ds160 details on it so thats all you should need along with your passport

Take them down to the dx delivery people and thats it wait for it to be returned
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Old Sep 18th 2017, 2:37 pm
  #3735  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Good for you, Noodler.

Did you try the phone line?!
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