Moving DV interview location from Europe to US?

[max72]

Hi all,

I recently received notification of pre-approval of an O-1 visa. Very exciting! The consular interview will be in mid-late July, in Amsterdam.

2 days later I then received notification that I had an interview for the DV lottery at the same consulate. This is scheduled for just a few weeks after the O visa interview, in early August.

The issue I have is that my new employer wants me to start ASAP after final approval of the O visa, which would make it impossible to attend the DV interview. I'd rather get the DV visa though, as I'm married and it would be ideal if my spouse could work in the US as well of course... a luxury situation I know, but life would be a lot easier.

I know it's possible to shift an appointment date, but does anyone know if it's possible to move a consular DV appointment to the US, and do it there, instead of the original foreign consulate?

Thanks in advance!

 

[Britsimon]

This is similar to my own situation (H1 waiting to be approved). For people already in the S the process is different to a "normal" DV process - if you are already in the US you do "Adjustment of Status" (AOS). There is a lot of good information within this forum on that process. However, time will be an issue - given that the DV case must be approved before the end of September 2013 you have very little time to complete the aos between the beginning of August and end of September. It is partly dependent on the US location and which USCIS office serves that area, but lets say you have to wait for an appointment until early September (because the office is a busy one) you might run out of time to complete the process by Sept 30th. There are people here who can advise about that - but be careful.

It sounds like there will be 3 or perhaps 4 weeks between the two appointments. Personally I would either delay the job start date OR start work and plan to fly back to Amsterdam for the appointment you already have....

 

[max72]

Thanks britsimon.

Very helpful, makes sense. The O-1 was processed quite quickly, so perhaps the local office is efficient. Still the AOS seems very risky timewise.

I'm going to discuss what the options are with my employer and see if I can work something out with them first.

Cheers!

 

[Sm1smom]

You do not have enough time to change from CP to AOS, so I suggest you either reschedule your job resumption date or resume for work and go back for your interview in when the time comes. Plus, the DOS frowns against people who had previously indicated a CP preference suddely changing to AOS, it raises a red flag!

If you decide to fly back, just make sure you give yourself enough time to complete your medcial exam. You can explain to your prospective employer though that it's in their best interest for you to come work for them as a GC holder.

 

[Britsimon]

You do not have enough time to change from CP to AOS, so I suggest you either reschedule your job resumption date or resume for work and go back for your interview in when the time comes. Plus, the DOS frowns against people who had previously indicated a CP preference suddely changing to AOS, it raises a red flag!

If you decide to fly back, just make sure you give yourself enough time to complete your medcial exam. You can explain to your prospective employer though that it's in their best interest for you to come work for them as a GC holder.

Hmmmm - that red flag is a bit scarey!!! In my case I won't have too much choice because I will be busy but with my case number I expect to have more time plus I will change to aos WELL before my number is current.

In Max72 case I would have thought he can schedule the medical prior to leaving so that when he comes to do CP that is all he is doing. One thought I had - will he get his passport immediately at the end of the CP interview - he will probably want to use it to fly back to the US...

 

[Sm1smom]

Yeah, I guess he could take care of the medical exam before departing, that shouldn't be an issue. I however, don't expect he will get back his passport with the visa right after the interview, it's probably going to be mailed/couriered back to him - I don't know how long the Consulate in Amsterdam takes.

Hmmmm - that red flag is a bit scarey!!! In my case I won't have too much choice because I will be busy but with my case number I expect to have more time plus I will change to aos WELL before my number is current.

Yeah, I know - I'm not trying to scare or discourage people, but I think it's important for everyone to be aware of the possibility of issues that could otherwise cause a rather straight forward case to run into hiccups! Section 9 FAM 42.33 N10.2 of the DOS Visa Manual addresses the issue of Processing cases to conclusion, some what:

We can appreciate posts' efforts to prescreen applications allowing unqualified applicants to withdraw their applications to avoid paying the required fees. Nevertheless, it is important to process such cases to conclusion and not to simply allow the candidate to withdraw the application. Instances have arisen where DV winners who were advised not to make an application at a post abroad have then entered the United States and requested adjustment of status processing at the Department of Homeland Security (DHS).

Admittedly, this section seems to be referring to unqualified applicants looking for ways of beating the system, I would expect them to generally be wary when applicants suddenly decide to change from CP to AOS especially when the interview has been scheduled. But you should be fine in your case since you plan on doing the switch before your CN becomes current.

 

[Britsimon]

Yeah, I guess he could take care of the medical exam before departing, that shouldn't be an issue. I however, don't expect he will get back his passport with the visa right after the interview, it's probably going to be mailed/couriered back to him - I don't know how long the Consulate in Amsterdam takes.



Yeah, I know - I'm not trying to scare or discourage people, but I think it's important for everyone to be aware of the possibility of issues that could otherwise cause a rather straight forward case to run into hiccups! Section 9 FAM 42.33 N10.2 of the DOS Visa Manual addresses the issue of Processing cases to conclusion, some what:



Admittedly, this section seems to be referring to unqualified applicants looking for ways of beating the system, I would expect them to generally be wary when applicants suddenly decide to change from CP to AOS especially when the interview has been scheduled. But you should be fine in your case since you plan on doing the switch before your CN becomes current.

All good info to have. I didn't know aos was cheaper in any way - I need to read the aos thread this weekend...

 

[Sm1smom]

All good info to have. I didn't know aos was cheaper in any way - I need to read the aos thread this weekend...

It's actually not cheaper, if relocation expense is taken out of the equation.

CP applicants only pay the $330 administrative fee + $165 USCIS processing fee

AOS applicants pay the $330 administrative fee + $1070 adjustments of status and biometric fee.