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I Am A U.S. Consular Officer: Ask Me Your Visa Questions. - Travel (45) - Nairaland

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U.S. Immigration Questions: Ask A U.S. Consular Officer / I Am A U.S. Consular Officer: Ask Me Your Visa Questions. / U.S. Immigration Questions: Ask A U.S. Consular Officer (2) (3) (4)

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Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by Nobody: 8:51am On Oct 07, 2013
Thanks!
You have possesed such a great heart..

I would like to meet the brain behind all these one day..

I doff my hat for you grin

What is the fate of a Vibrant, young, smart guy, just 17years. He has a financially OK parents, has the intention to return after studies, and a genuine student. But was denied on a reason he does not know till now..?

And he's returning to the embassy a month after the denial..

What you've got to say on this ?
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by borie4u(m): 10:38am On Oct 07, 2013
When i was born bakassi was stil part of nigeria in crossriver state then but it is now cameroun. My birth cert carries bakassi in nigeria but it is now part of cameroon. Thanks and will love you to get back to me on that matter.
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by VisaOfficer: 10:39am On Oct 07, 2013
Amefrica: Thanks!
You have possesed such a great heart..

I would like to meet the brain behind all these one day..

I doff my hat for you grin

What is the fate of a Vibrant, young, smart guy, just 17years. He has a financially OK parents, has the intention to return after studies, and a genuine student. But was denied on a reason he does not know till now..?

And he's returning to the embassy a month after the denial..

What you've got to say on this ?

Thank you for the compliments! smiley

Hmm, it can be difficult when the most recent denial was only a month earlier. The officer will wonder what's changed so much in one month to merit a different decision. Maybe he didn't bring anything to show that he's really prepared to study what he said he was going to study? We don't rely on documents here, but if someone shows up without any evidence at all, that can look bad.

Good luck to him!
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by VisaOfficer: 10:39am On Oct 07, 2013
borie4u: When i was born bakassi was stil part of nigeria in crossriver state then but it is now cameroun. My birth cert carries bakassi in nigeria but it is now part of cameroon. Thanks and will love you to get back to me on that matter.

As soon as I hear from the experts, I'll let you know!
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by Nobody: 10:55am On Oct 07, 2013
VisaOfficer:

Thank you for the compliments! smiley

Hmm, it can be difficult when the most recent denial was only a month earlier. The officer will wonder what's changed so much in one month to merit a different decision. Maybe he didn't bring anything to show that he's really prepared to study what he said he was going to study? We don't rely on documents here, but if someone shows up without any evidence at all, that can look bad.

Good luck to him!

He said he was going to study Political Science. Everything happened like a movie, he went with documents. embarassed

Can he go back, a month after ? He booked the air ticket already. sad
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by ikjay: 11:22am On Oct 07, 2013
Good morning Sir; I did schedule my Interview first on November 4th, then i cancel and reschedule it to November 19th. Which i printed the confirmation on traveldocs.com. But i emailed Lagos Embassy lastweek and they told me my Interview date is still on the 4th that i can print there response email and bring it to the gate. So do i still need to still come on the 4th, cos i am planning to do my medical sometimes nextweek so i can still make it by then, or will it still be 19th which i later choose? Please advise! This is the email i got from Lagos embassy below;

Thank you for your email. We can confirm that your Immigrant visa interview has been scheduled for November 4, 2013 at 07:00 a.m.
Your name will be included on the list at the visa gate; you may come with a copy of this email. If you have any further questions, please do not hesitate to contact us any time.

And they said Immigrant but i am coming for K1 Fiancee Visa. Please advise?
Thanks
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by Suretreasure: 11:54am On Oct 07, 2013
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Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by TonyObii(m): 2:20pm On Oct 07, 2013
Hello guys, gudevening. I ll be on my annual leave in December n my wife also in December too. we intend spending d holiday in d US. My wife works wth d nigerian immigration service as an assistant superintendent wth mnthly income of above 100k n I work as a registered nurse in a hospital wth mnthly income of above 50k . A friend who is a practising lawer in d US is inviting us n we intend to stay at most 2weeks so we can come bk prepare n go bk to wrk. While we re thr we intend to go shopping 4 things we need n also for cars cos I also do car business. Give some1 money n he buys n ship for me.Wat do we need, hw do we go about it n wat re our chances of getting visa. Tanx n God blss u richly. Tony.
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by alimantain(f): 3:45pm On Oct 07, 2013
Thanks for the good work.....

I had a baby in the US last year. During the interview, i was asked if i was pregnant but i replied no but i was. I lived with this guilt for this two years which made me so uncomfortable cos i always pride myself as a person of integrity. I paid all my bills after delivery without owing a cent.
My question is that if i apply for a renewal and tell the CO the truth and apologize that i am sorry, do i stand a chance of getting a visa renewal or i should just forget about ever reapplying.
I fell in love with US because i could engage in my favorite pastime which is shopping to my heart's content but i want to know if reapplying might invoke a permanent ban.
Thanks....
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by VisaOfficer: 4:25pm On Oct 07, 2013
Amefrica:

He said he was going to study Political Science. Everything happened like a movie, he went with documents. embarassed

Can he go back, a month after ? He booked the air ticket already. sad

No one should ever book a ticket until the visa has been issued and delivered. Unfortunately, it's going to be very difficult for him to convince an officer that he should have a visa, so soon after an officer just found that he wasn't qualified.
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by VisaOfficer: 4:28pm On Oct 07, 2013
i.kjay:
Good morning Sir; I did schedule my Interview first on November 4th, then i cancel and reschedule it to November 19th. Which i printed the confirmation on traveldocs.com. But i emailed Lagos Embassy lastweek and they told me my Interview date is still on the 4th that i can print there response email and bring it to the gate. So do i still need to still come on the 4th, cos i am planning to do my medical sometimes nextweek so i can still make it by then, or will it still be 19th which i later choose? Please advise! This is the email i got from Lagos embassy below;

Thank you for your email. We can confirm that your Immigrant visa interview has been scheduled for November 4, 2013 at 07:00 a.m.
Your name will be included on the list at the visa gate; you may come with a copy of this email. If you have any further questions, please do not hesitate to contact us any time.

And they said Immigrant but i am coming for K1 Fiancee Visa. Please advise?
Thanks

I think I overheard your phone conversation with one of our employees. smiley K1 visas are funny things; they're handled by the Immigrant Visa Unit, but technically/legally, they're Non-Immigrant Visas. It's weird. Don't worry about it too much, you can just think of it as an immigrant visa.

We've been having a lot of issues lately with people scheduling more than one K1 appointment for some reason. Just make sure you've cancelled any K1 appointment you don't intend to keep. That way we'll be able to tell which date you're coming on, and the cancelled appointment slot will be free for someone else who wants to see us.

I hope this answer helps.
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by VisaOfficer: 4:30pm On Oct 07, 2013
Suretreasure: Good day to you!
Pls, Is it possible for a DV winner to leave the United States before getting his/her green card?

Possible, but not wise. To re-enter the U.S. the person would need a boarding foil, which can be a little complicated. If at all possible, the person should wait to receive the green card before leaving the United States.
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by VisaOfficer: 4:32pm On Oct 07, 2013
Tony Obii: Hello guys, gudevening. I ll be on my annual leave in December n my wife also in December too. we intend spending d holiday in d US. My wife works wth d nigerian immigration service as an assistant superintendent wth mnthly income of above 100k n I work as a registered nurse in a hospital wth mnthly income of above 50k . A friend who is a practising lawer in d US is inviting us n we intend to stay at most 2weeks so we can come bk prepare n go bk to wrk. While we re thr we intend to go shopping 4 things we need n also for cars cos I also do car business. Give some1 money n he buys n ship for me.Wat do we need, hw do we go about it n wat re our chances of getting visa. Tanx n God blss u richly. Tony.

Greetings! You sound like good candidates, but there are so many factors involved in every decision that it's impossible to know for sure without actually interviewing you. When you are ready, just follow the instructions at http://nigeria.usembassy.gov/niv_appointmnent_instructions.html to make your appointments.

1 Like

Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by VisaOfficer: 4:33pm On Oct 07, 2013
alimantain: Thanks for the good work.....

I had a baby in the US last year. During the interview, i was asked if i was pregnant but i replied no but i was. I lived with this guilt for this two years which made me so uncomfortable cos i always pride myself as a person of integrity. I paid all my bills after delivery without owing a cent.
My question is that if i apply for a renewal and tell the CO the truth and apologize that i am sorry, do i stand a chance of getting a visa renewal or i should just forget about ever reapplying.
I fell in love with US because i could engage in my favorite pastime which is shopping to my heart's content but i want to know if reapplying might invoke a permanent ban.
Thanks....

I think you should go ahead and re-apply, especially if you can show that you paid for the delivery. We respect people who tell us the truth, especially when it's difficult for them. Nothing ventured, nothing gained.
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by Nobody: 4:58pm On Oct 07, 2013
VisaOfficer:

No one should ever book a ticket until the visa has been issued and delivered. Unfortunately, it's going to be very difficult for him to convince an officer that he should have a visa, so soon after an officer just found that he wasn't qualified.

Ok, roger! Just one more question..

Since he's ready to prove that he's a genuine student, has the financial capabilities,
and intention to return after studies.

Should he go for the interview or cancel it and rescheduled till 3 months.?
Thanks for your time! smiley
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by daywalker14: 5:25pm On Oct 07, 2013
Goodday Sir, thanks for the good job you are doing. I have got a lil prob which frightens me, and I really need some professional clarifications on this.my DS 230 carries initials of my names as signature, and my passport carries a signature, I want to simply know if any of the signatures can be signed infront of visa officer on the day of the interview without prejudice.I am a winner from cameroon with interview in a week's time. Thanks in advance.
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by gwag: 5:41pm On Oct 07, 2013
VisaOfficer:

I think you should go ahead and re-apply, especially if you can show that you paid for the delivery. We respect people who tell us the truth, especially when it's difficult for them. Nothing ventured, nothing gained.

Oh well.my wife was at the abuja embassy today for the non-immigrant visa, And she bluntly told the Con that interviewed Her, that she's goin to the U.S to have Her baby. She showed him payment reciepts that she already deposited and showed him the. Estimated cost of delivery the hospital gave her . Instead he asked her why she paid a higher amount more than what the hospital asked her to deposit and you can. imagine the shock on her face, "you are actually complaining that I paid more than the amount I was asked to deposit before arrival?" even though I'm not traveling with her the Consular rejected her. I have told her to try again immediately ccause I really want another set of eyes to view her case. Its like he already decided her case even before she got to him. Apart from the hospital document he didnt even ask to see anyother document.
Now I understand why some people chose to lie about what they are goin to do in the U.S.
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by ikjay: 7:07pm On Oct 07, 2013
Thank you. Yes i have cancel it to the 19th. But i can still make it on the 4th. Do you think that will still be okay for me to come on the 4th which i cancel cos i can be prepare for that day, or won't i be allow into the gate since i still have the first interview printed huh? Or should i keep the 19th which is presently on huh?? Please could you help me to confirm that from your employees with my case (LGS2013753024) so i can be sure what i'm doing cos i stay in another state far from Lagos. Thank you Sir!

VisaOfficer:

I think I overheard your phone conversation with one of our employees. smiley K1 visas are funny things; they're handled by the Immigrant Visa Unit, but technically/legally, they're Non-Immigrant Visas. It's weird. Don't worry about it too much, you can just think of it as an immigrant visa.

We've been having a lot of issues lately with people scheduling more than one K1 appointment for some reason. Just make sure you've cancelled any K1 appointment you don't intend to keep. That way we'll be able to tell which date you're coming on, and the cancelled appointment slot will be free for someone else who wants to see us.

I hope this answer helps.
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by elbasaniiii: 7:28pm On Oct 07, 2013
Hi Consular Officer and all the other members,

I have a special case. I hope someone could help me and light me somehow.

So I am a Swiss citizen, in 2008 I got a F1 visa and studied in the US for 5 year graduated May 2013 from a prestigious university in NYC. During my studies I worked with the school authorization and paid taxes all in respect of what was written on my I-20, then after graduating I came back to Switzerland where I got a job. August 21st I traveled to NYC under th VWP for a week for a friend's birthday. Then I was invited by my fraternity on September 10th again in NYC but this time the Customs and Borders officer refused my entry to the US because he thought I would work there again. He told me that I would have to come back to Switzerland and apply for a visa. So on September 13th I went for the interview in Bern for a B1/B2 and after 3 questions and explaining to the CO what happened on September 10th he told me that he approved my visa and I would get it mailed withing 3 days. It has been now more than 3 weeks that I am under Administrative Processing and I do not even know why. Now my questions are what are my chances to get the visa approved with my case of working in the past in the US while being a student? and my second question is about the ESTA VWP now that I can not travel under ESTA for how long am I not allowed to travel under this program, in other words when can I get ESTA again? When you are refused entry with ESTA it says that you can not travel with ESTA but for how long? I would like to call DOS and ask them about my case but I do not really want to bother them since they could put my case in the bottom of the pile of folders they have there or should I call them

Thanks for the responses
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by rikkyjen(m): 10:22pm On Oct 07, 2013
Hello Visa Officer

Quick question. My Dad is a permanent resident in the US. He filed the I-130 for my siblings who are under 21, thus they are in the F2A category. We know its gonna prolly take 2.5 yrs for their visa to be available and this kids are at the age when they should be in college. As a result, my Dad is contemplating on filing for F1 visa for them to start their college education in the US atleast until the I-130 is approved and they can hopefully adjust status in the US.

The big problem is someone told me if you have a pending I-130 application, it is downright impossible to get a non-immigrant visa such as the F1? Is this true? These kids have their WAEC and the other qualifications needed. The problem is the "immigration intent" requirement of the F1 visa may preclude them, is that right? Lastly, from your experience, does the embassy come across cases like these? and how do you guys treat cases like these? do you guys issue non-immigrant visas to people with a pending I-130? Is it a slam-dunk rejection? etc

We are really concerned about this cos we dont want to end up spending tons of $ only for them to be rejected at the consulate due to the F1 "immigration intent" rule. Your candid reply will be really appreciated!

Thanks!
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by TonyObii(m): 10:34pm On Oct 07, 2013
Gudevening sir, pls in respect of ur reply to me at abt 4.32pm tdy, i do nt understand wat u meant by "there are so many factors involved in every decision that it's impossible to know for sure without actually interviewing u". Pls if u dnt mind, u can explain more so dat i can understand u beta. Tanx n God blss u soo much. I got an advise frm someone dat my wife can apply 1st, if visa is given to her then a week after i can apply if ask i can say we decided to go 2gethr. All dis is jst to mek sure it pulls tru. Wat advice can u give abt dat. God blss u!
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by WildChild00(m): 10:45pm On Oct 07, 2013
Hello Visaofficer,

I will want to first commend you for a great job you are doing, attending to all our issues consigning visas related issue and @ thesame time, I want to make some inquiries in respect to student F1 visas, If one is denied a student F1 visas, my question is, why are students not given the opportunities to appealing The reason for this question is that most students here are meant to start all over again, by way of paying new visa fee etc, which is not meant to be so, like in other countries like the United Kingdom etc, when students are denied visas, they are given the options of appealing against the judgement, but that of the US is not so, which can be furstrating to most students, whenever I read through the US students visa thread, I feel sorrow for most of them that are denied for just no reason, I think something should be done about this issue.

1 Like

Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by yemosla(m): 11:52pm On Oct 07, 2013
Abrespect: WHAT SHOULD I DO MY VISA DAT I WORN THRU AMERICAN D.V LOTTERY WAS STOLEN IN MY HOUSE LONG WITH MY TICKET, PASSPORT & OTHER VITAL DOCUMENTS PLS WHAT SHOULD I DO? I'M THINKING OF GOING 2 D EMBASSY ON MONDAY WITH A POLICE REPORT

Please e-mail us IMMEDIATELY at LagosIV@state.gov. If you wait too long today, we will not be able to help you. Today is the last day of the 2013 season!

Bro pls I don't understand wat u meant by "today is the last day of 2013 season ? Cause am a DV lottery winner for 2013 and my interview date is slatted for 28 of October dis yr does it mean I won't be interviewed ? And pls I would want to knw cause I was denied twice in February wen I applied to study in d US which I already declared in my form hope it doesn't pose any danger to my chances just being honest . Thanks
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by mrsazeez: 5:50am On Oct 08, 2013
Hello, I'm an American married to a Nigerian, we submitted our I-130 petition for my husband and my stepdaughter in June of this year (2013). My question is in regards to DNA testing of my stepdaughter. Currently the fees for DNA exams run about $1,000 US. His daughter is the spitting image of my husband. I'm hoping that a DNA test won't be requested for them, is it standard? Are there any exceptions? Is there any additional documentation that we can provide to offset the request. We're 100% sure that she's his but I'm hoping to avoid the expense because it could go towards her flight and also because of the extra time delay just getting the results sent from Lagos to the States then back to Lagos. Thank you in advance.
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by VisaOfficer: 7:19am On Oct 08, 2013
borie4u: When i was born bakassi was stil part of nigeria in crossriver state then but it is now cameroun. My birth cert carries bakassi in nigeria but it is now part of cameroon. Thanks and will love you to get back to me on that matter.

Here's the official answer: People born in Bakassi can enter the 2015 DV Lottery, charging themselves to Cameroon.

"The answer is the country as it is currently recognized by the U.S. government (i.e., the State Dept. geographer's office), not what it was recognized as at the applicant's time of birth. For example, if a country was recognized as part of Russia when the applicant was born, but now the country is one of the many 'Stans'... So assuming they are correct on the (U.S.) recognition issue, they should apply under Cameroon."

And we do recognize Bakassi as part of Cameroon, so you're good to go.

Because I am deeply cynical, I'm kind of expecting to see a lot of people all of a sudden deciding that they were born in Bakassi; so, if you know anyone who's considering pulling a fast one, please tell them that 1. we do check and 2. if we catch someone misrepresenting this material fact, they'll incur a permanent ineligibility and will never be able to enter the United States. (The overwhelming majority of our applicants are honest, but the small minority who are not, are very memorable.)
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by VisaOfficer: 7:21am On Oct 08, 2013
Amefrica:

Ok, roger! Just one more question..

Since he's ready to prove that he's a genuine student, has the financial capabilities,
and intention to return after studies.

Should he go for the interview or cancel it and rescheduled till 3 months.?
Thanks for your time! smiley

I really don't have a good answer for that. If he's sure he can present a good case, he should go ahead and apply now. But it is more difficult, considering his last refusal was so recent.
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by VisaOfficer: 7:22am On Oct 08, 2013
daywalker14: Goodday Sir, thanks for the good job you are doing. I have got a lil prob which frightens me, and I really need some professional clarifications on this.my DS 230 carries initials of my names as signature, and my passport carries a signature, I want to simply know if any of the signatures can be signed infront of visa officer on the day of the interview without prejudice.I am a winner from cameroon with interview in a week's time. Thanks in advance.

Sure, you can sign your normal signature. If the officer has any doubts s/he might ask you to sign both your signature and your initials, but in general, it's not an issue. Good luck!

1 Like

Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by VisaOfficer: 7:24am On Oct 08, 2013
gwag:

Oh well.my wife was at the abuja embassy today for the non-immigrant visa, And she bluntly told the Con that interviewed Her, that she's goin to the U.S to have Her baby. She showed him payment reciepts that she already deposited and showed him the. Estimated cost of delivery the hospital gave her . Instead he asked her why she paid a higher amount more than what the hospital asked her to deposit and you can. imagine the shock on her face, "you are actually complaining that I paid more than the amount I was asked to deposit before arrival?" even though I'm not traveling with her the Consular rejected her. I have told her to try again immediately ccause I really want another set of eyes to view her case. Its like he already decided her case even before she got to him. Apart from the hospital document he didnt even ask to see anyother document.
Now I understand why some people chose to lie about what they are goin to do in the U.S.

Ah, but if someone gets caught lying, the consequences are even more unpleasant than just being refused for one visa. I wish you and your wife well and hope things go better in future interviews.
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by VisaOfficer: 7:27am On Oct 08, 2013
i.kjay:
Thank you. Yes i have cancel it to the 19th. But i can still make it on the 4th. Do you think that will still be okay for me to come on the 4th which i cancel cos i can be prepare for that day, or won't i be allow into the gate since i still have the first interview printed huh? Or should i keep the 19th which is presently on huh?? Please could you help me to confirm that from your employees with my case (LGS2013753024) so i can be sure what i'm doing cos i stay in another state far from Lagos. Thank you Sir!


If you've canceled the appointment for the 4th, you should keep the appointment you have on the 19th. You wouldn't be allowed in on the 4th because if you've cancelled it, your name is no longer on the list for that day.

The most recent note in our computer is "Rescheduled by applicant from 11/04 to 11/19 per ATLAS."
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by VisaOfficer: 7:36am On Oct 08, 2013
elbasaniiii: Hi Consular Officer and all the other members,

I have a special case. I hope someone could help me and light me somehow.

So I am a Swiss citizen, in 2008 I got a F1 visa and studied in the US for 5 year graduated May 2013 from a prestigious university in NYC. During my studies I worked with the school authorization and paid taxes all in respect of what was written on my I-20, then after graduating I came back to Switzerland where I got a job. August 21st I traveled to NYC under th VWP for a week for a friend's birthday. Then I was invited by my fraternity on September 10th again in NYC but this time the Customs and Borders officer refused my entry to the US because he thought I would work there again. He told me that I would have to come back to Switzerland and apply for a visa. So on September 13th I went for the interview in Bern for a B1/B2 and after 3 questions and explaining to the CO what happened on September 10th he told me that he approved my visa and I would get it mailed withing 3 days. It has been now more than 3 weeks that I am under Administrative Processing and I do not even know why. Now my questions are what are my chances to get the visa approved with my case of working in the past in the US while being a student? and my second question is about the ESTA VWP now that I can not travel under ESTA for how long am I not allowed to travel under this program, in other words when can I get ESTA again? When you are refused entry with ESTA it says that you can not travel with ESTA but for how long? I would like to call DOS and ask them about my case but I do not really want to bother them since they could put my case in the bottom of the pile of folders they have there or should I call them

Thanks for the responses

Hmmm. There are so many reasons why a case could go into administrative processing, I can't even hazard a guess in your case. For what it's worth, most cases that go to admin pro do eventually end up with visas issued.

I'm not completely familiar with ESTA, as my job deals with visas, visas, and visas. Their website is https://esta.cbp.dhs.gov/esta/ .

You should go ahead and call DOS. I promise you, we don't move cases to the bottom of the pile when people call us -- even when they are rude or hostile, which I can tell from the way you write you are NOT. smiley We do our best to work through the cases in the order received.

Good luck!
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by VisaOfficer: 7:42am On Oct 08, 2013
rikkyjen: Hello Visa Officer

Quick question. My Dad is a permanent resident in the US. He filed the I-130 for my siblings who are under 21, thus they are in the F2A category. We know its gonna prolly take 2.5 yrs for their visa to be available and this kids are at the age when they should be in college. As a result, my Dad is contemplating on filing for F1 visa for them to start their college education in the US atleast until the I-130 is approved and they can hopefully adjust status in the US.

The big problem is someone told me if you have a pending I-130 application, it is downright impossible to get a non-immigrant visa such as the F1? Is this true? These kids have their WAEC and the other qualifications needed. The problem is the "immigration intent" requirement of the F1 visa may preclude them, is that right? Lastly, from your experience, does the embassy come across cases like these? and how do you guys treat cases like these? do you guys issue non-immigrant visas to people with a pending I-130? Is it a slam-dunk rejection? etc

We are really concerned about this cos we dont want to end up spending tons of $ only for them to be rejected at the consulate due to the F1 "immigration intent" rule. Your candid reply will be really appreciated!

Thanks!

It's not true that it's impossible to get a non-immigrant visa if you have a pending I-130. It does make it a bit more difficult. The extreme example would be someone who has a pending F4 (sibling petition -- the longest wait time) and, say, a K1 (fiance) petition that didn't get approved because the relationship didn't appear to be bona fide, plus a couple NIV refusals. That person is pretty clearly trying really hard to get to the US as soon as possible. The extreme example the other way would be someone with a lot of good prior travel to the US and a recently filed I-130 pending. If that person showed up for a non-immigrant visa, and his/her reasons for travel made sense, we'd likely go ahead and issue.

For students... my sense is that if they're qualified for what they want to study, and can talk about it credibly, and can show that they can afford it, I'd go ahead and issue even knowing that they intended to immigrate as F2As. We're interested in people who are immigrating legally, and entering the U.S. as a student and adjusting status is completely legal. I can't guarantee you that they'll qualify for the student visas, but the fact that their parent is there shouldn't work against them, all else being equal.
Re: I Am A U.S. Consular Officer: Ask Me Your Visa Questions. by VisaOfficer: 7:43am On Oct 08, 2013
Tony Obii: Gudevening sir, pls in respect of ur reply to me at abt 4.32pm tdy, i do nt understand wat u meant by "there are so many factors involved in every decision that it's impossible to know for sure without actually interviewing u". Pls if u dnt mind, u can explain more so dat i can understand u beta. Tanx n God blss u soo much. I got an advise frm someone dat my wife can apply 1st, if visa is given to her then a week after i can apply if ask i can say we decided to go 2gethr. All dis is jst to mek sure it pulls tru. Wat advice can u give abt dat. God blss u!

What I meant is that I can't tell enough about you from a couple posts here to guess whether or not you'd be a good candidate for a visa.

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