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Getting reply from US embassy

S

samyoussef

Registered Users (C)
My problem that I don't have a passport for my new born baby that will take 3 months or more as the embassy of My country said. It means that I will receive it at June. In this regard, I asked the embassy to delay my appointment which will be on 7th of April and I explain everything. Finally they answered me as follow
(We are able to take action on a case only after we receive your case file at the U.S. Embassy in Seoul. We expect to receive your case on or around March 28, 2014. Please send us your inquiry again after this date.

FYI, you may cancel your scheduled visa appointment until after we receive your case and then submit a new appointment request through www.asktheconsul.org/iv_appt.html when you are ready for your visa interview. Your appointment date will be about 6-12 weeks from the date you submit your appointment request.) I just need your opinion and advises also
Thanx
 
Did you ask them if you could keep the interview and then just send your son's passport along for a visa when you receive it? That would seem to me to be the path of least hassle/least potential for things to go wrong.
 
Samyoussef, you are making this MUCH more complicated than it needs to be. I have advised you at least twice not to delay your appointment - not in this year. According to what they told you and the timing of when you expect the passport you could only reschedule for a July/August interview (by applying in mid May to be sure you have the new passport in June) - that would be a very unnecessary risk!

So - one more time. I really think you should not miss your interview. Take your son and take his birth certificate and explain the issue about the passport. They will tell you one of two solutions.

1. Go back to the embassy once you have the passport for a visa to be stamped
OR
2. Enter the USA without a visa for your son in the knowledge that there is a special process completed at the POE to allow babies to enter without the immigrant visa up to 2 years old.
 
Simon, I stand corrected but I thought the baby processing at POE only applied to babies born after the visas are granted? I may be wrong though.
 
SusieQQQ said:
Simon, I stand corrected but I thought the baby processing at POE only applied to babies born after the visas are granted? I may be wrong though.
Click to expand...

Yes you may be right - but I think the embassy will guide the OP on that. The first option is certainly simplest as you said earlier. However the 2 year rule would also work if absolutely needed. The rule has two parts and the limitation you are referring to is described in the first part. The second part requires "readmission" of one of the parents which could involve the OP getting admitted and then being readmitted with the family. However, I think in practice they would simply process the visa at the POE for the child on first entry of the whole family.

"9 FAM 42.1 N1.1 Child Born After Issuance of Visa to
Parent
(CT:VISA-1829; 04-18-2012)
The child born after the issuance of a visa to a parent is not required to have a
visa if the child is:
(1) Born subsequent to issuance of an IV to the accompanying parent within
the validity of the parent’s immigrant visa; or
(2) Born during the permanent resident mother’s temporary visit abroad
provided that (see 9 FAM 42.1 N2):
(a) Admission is within two years of birth; and
(b) Either accompanying parent is applying for readmission upon first
return after the birth of the child. "


My point is it is a lot safer to take the original appointment than postpone the whole thing until the childs' passport is available.
 
britsimon said:
Samyoussef, you are making this MUCH more complicated than it needs to be. I have advised you at least twice not to delay your appointment - not in this year. According to what they told you and the timing of when you expect the passport you could only reschedule for a July/August interview (by applying in mid May to be sure you have the new passport in June) - that would be a very unnecessary risk!

So - one more time. I really think you should not miss your interview. Take your son and take his birth certificate and explain the issue about the passport. They will tell you one of two solutions.

1. Go back to the embassy once you have the passport for a visa to be stamped
OR
2. Enter the USA without a visa for your son in the knowledge that there is a special process completed at the POE to allow babies to enter without the immigrant visa up to 2 years old.
Click to expand...

First congratulation for the new born. As I am Egyptian, I had the same issue with the new passport and they informed me in the embassy that it will take 3 months to have the new passport while it took only 5 weeks and the same has happened with many people here so try to contact the Egyptian embassy requesting to expedite the issuing of the passport.
Second I am totally agree with Simon specially after checking at the CEAC data looking at the progress for the Visa Issued to Egypt and the AP and the Ready Cases, I wouldn't take this risk by asking for a delay in the interview. You can go to the interview and the worst they may put you in AP till you provide them with your child passport, but take with you his birth Certificate and the marriage certificate and all supportive document to proof that the child is yours. Good luck mate.
 
britsimon said:
Yes you may be right - but I think the embassy will guide the OP on that. The first option is certainly simplest as you said earlier. However the 2 year rule would also work if absolutely needed. The rule has two parts and the limitation you are referring to is described in the first part. The second part requires "readmission" of one of the parents which could involve the OP getting admitted and then being readmitted with the family. However, I think in practice they would simply process the visa at the POE for the child on first entry of the whole family.

"9 FAM 42.1 N1.1 Child Born After Issuance of Visa to
Parent
(CT:VISA-1829; 04-18-2012)
The child born after the issuance of a visa to a parent is not required to have a
visa if the child is:
(1) Born subsequent to issuance of an IV to the accompanying parent within
the validity of the parent’s immigrant visa; or
(2) Born during the permanent resident mother’s temporary visit abroad
provided that (see 9 FAM 42.1 N2):
(a) Admission is within two years of birth; and
(b) Either accompanying parent is applying for readmission upon first
return after the birth of the child. "


My point is it is a lot safer to take the original appointment than postpone the whole thing until the childs' passport is available.
Click to expand...

May I respectfully disagree with your interpretation... It seems to me that the second part only applies if the baby is born abroad during a temporary visit after the mother is already a LPR. (A) and (b) assume the first condition under point 2 is in place - and that specifies that the mother is already a resident and is on a temporary trip abroad.

Again, samyoussef... The best advice is do not delay the interview. There is no reason to do so and you could jeopardize your chances entirely.
 
Last edited by a moderator:
SusieQQQ said:
May I respectfully disagree with your interpretation... It seems to me that the second part only applies if the baby is born abroad during a temporary visit after the mother is already a LPR. (A) and (b) assume the first condition under point 2 is in place - and that specifies that the mother is already a resident and is on a temporary trip abroad.

Again, samyoussef... The best advice is do not delay the interview. There is no reason to do so and you could jeopardize your chances entirely.
Click to expand...

That's fine Susie - I just think that rule is there for a reason - and I think it would apply - BUT as we both agree, option 1 is smarter.
 
Samyoussef,

You are being unnecessarily sturborn and trying to complicate your case for no reason. You've been advised over and over as to the best course of action to take, which is attend the interview and explain why there's no passport for your baby. You will of course need to take along documents showing you've made the necessary arrangements to get the passport, you just haven't received it.

However it seems like you're already determined to postpone the interview, in that case you should stop requesting inputs from others here and do what you think is best for you.
 
britsimon said:
Samyoussef, you are making this MUCH more complicated than it needs to be. I have advised you at least twice not to delay your appointment - not in this year. According to what they told you and the timing of when you expect the passport you could only reschedule for a July/August interview (by applying in mid May to be sure you have the new passport in June) - that would be a very unnecessary risk!

So - one more time. I really think you should not miss your interview. Take your son and take his birth certificate and explain the issue about the passport. They will tell you one of two solutions.

1. Go back to the embassy once you have the passport for a visa to be stamped
OR
2. Enter the USA without a visa for your son in the knowledge that there is a special process completed at the POE to allow babies to enter without the immigrant visa up to 2 years old.
Click to expand...

Simon,

Technically speaking, I believe option 2 is not applicable to the OP, but there's a slight possibility he could be given a carriage or transportation paper (I can't quite remember the exact name of the document) by the embassy which will allow him and the baby's mother to travel with the baby and the baby will then get processed at the POE.

Like you rightly noted, the embassy of course will decide on the right course of action if he decides to proceed with the interview and not postpone it.
 
dv 2014 host in US

Sm1smom said:
Simon,

Technically speaking, I believe option 2 is not applicable to the OP, but there's a slight possibility he could be given a carriage or transportation paper (I can't quite remember the exact name of the document) by the embassy which will allow him and the baby's mother to travel with the baby and the baby will then get processed at the POE.

Like you rightly noted, the embassy of course will decide on the right course of action if he decides to proceed with the interview and not postpone it.
Click to expand...

dear friend
my interview will be held in april. if they ask me who is going to host you in the us what shall i say especially when i know nobody there, and do i have to provide them with a usa address in the interview before travelling for them to send me the ssn and green card or i can give them the address when i get there
thank you in advance
 
suleimanmaher said:
dear friend
my interview will be held in april. if they ask me who is going to host you in the us what shall i say especially when i know nobody there, and do i have to provide them with a usa address in the interview before travelling for them to send me the ssn and green card or i can give them the address when i get there
thank you in advance
Click to expand...

You're not required to give them a host, but they will need an address at the interview. You can always change the address when you get there.
 
Actually, I'm academic person who Used to do everything in his life as the book. That is why I make everything complicated . Anyway, many many thanks for Susie, britsimon and sm1smom for their advises. I will do as u recommend me. Sure I will need more advised soon, ^_^
 
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