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My interview experience

britsimon said:
I think a simple case gets less scrutiny than one that already has red flags. So things like marriage after selection, confusion over names on documents etc will get the case more attention - and then they would spend more time on the main applicant than the derivative. If you are the derivative and your case is straightforward I think there would be almost no checks done on the case at all.
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Now I feel much relaxed thanks simon.
 
Hey guys, just to let you know about my experience.

We had our interview today in Madrid. Our interview was for 12, we got there at 11.30 and stood outside for around a half hour, when we finally got in we went straight to the top of the queue considering the places was full with people.

We were called to the desk and provided the lady with copies of the requested materials. We were also asked for copies of financial records and also my qualifications including my wifes who was the main applicant.

When we had provided the all the paperwork we were asked to go and pay the fee and take a seat and wait for the actual interview. We paid the fee and were called for interview within 5 minutes.

We went to the desk and swore an oath that what was on our application was true etc.
The girl then asked about which countries we had lived in and how long we had been married etc. She also asked about our finances which we explained to her and also provided an affidavit from my sister with whom we will stay with when we get there. They asked also about our qualifications and which Universities we had attended. Thank god she didnt ask about how long we were married cos i always forget and would have felt the wrath of not only the embassy, but the missus also.

The main issue that we had was that my wife is pregnant and the baby will be born here in Spain in March. The consulate informed us that everything was in order and they could not finish the process until the baby was born. They told us that when born we need to bring the baby to the consulate with the birth certificate and passport so that they can finish the process. We can not wait until March now not only until the baby is born but also so that we can get the process finished and hopefully be issued the visa.

Has anyone ever had a similar issue like ours with the baby? The lady just advised that we should get the paperwork in asap as until then the case is pending and there are only a certain amount of visas issued. She also said that we would need to travel before the 6th of June as that is 6months from our medical.

Roll on March, busy and exciting months ahead....Merry Christmas all
 
irishregers said:
Hey guys, just to let you know about my experience.

We had our interview today in Madrid. Our interview was for 12, we got there at 11.30 and stood outside for around a half hour, when we finally got in we went straight to the top of the queue considering the places was full with people.

We were called to the desk and provided the lady with copies of the requested materials. We were also asked for copies of financial records and also my qualifications including my wifes who was the main applicant.

When we had provided the all the paperwork we were asked to go and pay the fee and take a seat and wait for the actual interview. We paid the fee and were called for interview within 5 minutes.

We went to the desk and swore an oath that what was on our application was true etc.
The girl then asked about which countries we had lived in and how long we had been married etc. She also asked about our finances which we explained to her and also provided an affidavit from my sister with whom we will stay with when we get there. They asked also about our qualifications and which Universities we had attended. Thank god she didnt ask about how long we were married cos i always forget and would have felt the wrath of not only the embassy, but the missus also.

The main issue that we had was that my wife is pregnant and the baby will be born here in Spain in March. The consulate informed us that everything was in order and they could not finish the process until the baby was born. They told us that when born we need to bring the baby to the consulate with the birth certificate and passport so that they can finish the process. We can not wait until March now not only until the baby is born but also so that we can get the process finished and hopefully be issued the visa.

Has anyone ever had a similar issue like ours with the baby? The lady just advised that we should get the paperwork in asap as until then the case is pending and there are only a certain amount of visas issued. She also said that we would need to travel before the 6th of June as that is 6months from our medical.

Roll on March, busy and exciting months ahead....Merry Christmas all
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The CO hasn't done that right. The process should have been completed right there and then - no need to wait for the baby. Assuming the baby was born before you enter the US, the baby would be processed at the POE - there are special rules in place for children up to two years old. If you don't mind waiting, then wait - but personally I would get that sorted out - probably by speaking to the Embassy again.
 
Yeah, tha'ts not right! Although, I'm wondering if you indicated you wanted to wait until the baby was born and you had requested for them to process the baby too. That may be the reason the CO asked you to come back after the baby was born. If you never said anything or you made it appear to them like you guys were ready to leave for the US right away, your process would have been completed way before March if not right away.
 
The First Lady who collected the paperwork asked where we were going to have the baby, we advised that it would be Spain and then traveling afterwards, she advised us that we would need to bring the baby, birth cert etc and clarified with another guy who looked like her boss. A different lady who completed the interview also gave us the same information. If I recall they said that they need to put a visa in the babies passport also and along with the passport and birth cert they also need the medical records for the baby.

I read some where that after being granted a visa, children accompanying up to 2 years of age enter automatically, but I'm assuming this isn't the case as we have not been granted yet.
 
Hey, I found this quote on another forum, from reading it I assume that it does depend on the parents status. We haven't been issued a visa yet and therefore the baby needs one also, suppose it makes sense...


"As discussed in another thread you started, it depends on the status of the mother at the time the child is born.

Here is the text of 9 FAM 42.1 N1.1 Child Born After Issuance of Visa to Parent

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.

Please note it applies to a Child Born AFTER ISSUANCE OF VISA to Parent.

If, at the time of birth, the mother is an LPR, then the answer given in the previous post by dcsk applies.

If, at the time of birth, the mother has not yet become an LPR, then the child will be a derivative of the EB case and be processed accordingly. That means either Consular Processing or, if the child can be brought to the US on a valid non-immigrant visa, AOS.

Since you appear to have a PD of April 2009. I would say there is an extremely low chance of the mother becoming an LPR before giving birth.

In neither case is processing under the Family Based Categories required. That would only be applicable if the child did not return within two years of birth."
 
irishregers said:
Hey, I found this quote on another forum, from reading it I assume that it does depend on the parents status. We haven't been issued a visa yet and therefore the baby needs one also, suppose it makes sense...


"As discussed in another thread you started, it depends on the status of the mother at the time the child is born.

Here is the text of 9 FAM 42.1 N1.1 Child Born After Issuance of Visa to Parent

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.

Please note it applies to a Child Born AFTER ISSUANCE OF VISA to Parent.

If, at the time of birth, the mother is an LPR, then the answer given in the previous post by dcsk applies.

If, at the time of birth, the mother has not yet become an LPR, then the child will be a derivative of the EB case and be processed accordingly. That means either Consular Processing or, if the child can be brought to the US on a valid non-immigrant visa, AOS.

Since you appear to have a PD of April 2009. I would say there is an extremely low chance of the mother becoming an LPR before giving birth.

In neither case is processing under the Family Based Categories required. That would only be applicable if the child did not return within two years of birth."
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The rule you have quoted is exactly the rule that should be applied (would be) at the point of entry. Specifically you would be handled under this part of the rule (1) Born subsequent to issuance of an IV to the accompanying parent within the validity of the parent's immigrant visa; or

The subsequent comments relate to someone on a temp visa. Really this is very clear, the CO has made a mistake. According to her, if your wife was only three months pregnant right now you would be in a catch 22 because of the expiry of the medicals.

By the way. If you had the visa now, and had the baby in the USA, then the child would of course become a citizen.

Look maybe you think why roc the boat since it seems this fits in your plans. Well, once the baby is born, you have to get apps sport and birth cert. the clock will be ticking and other eople will be getting their visas. It could be April before you are sorted out. Personally I wouldnt want to wait.
 
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Many thanks for your advice Britsimon, but I'm taking it that "born subsequent to issuance" means after we have been issued our visa which was not the case as we were not issued one.

I think as you said, I don't want to rock the boat, we were always going to travel in June if possible and would therefore need a passport for then. I have looked it up and would be able to obtain the baby's passport before April which would mean hopefully getting the process finished before April. I just hope there are visas remaining at that stage.

As for travelling now, I think it is a bit too late, we are both in current employment and have commitments etc, also we were worried that the consulate might question how we could afford the medical for having the baby in America considering we would not have insurance.

Out if interest if anyone has the figures, how many visas were issued in Europe last year, and if possible what were the numbers released around April last year?
 
irishregers said:
Many thanks for your advice Britsimon, but I'm taking it that "born subsequent to issuance" means after we have been issued our visa which was not the case as we were not issued one.

I think as you said, I don't want to rock the boat, we were always going to travel in June if possible and would therefore need a passport for then. I have looked it up and would be able to obtain the baby's passport before April which would mean hopefully getting the process finished before April. I just hope there are visas remaining at that stage.

As for travelling now, I think it is a bit too late, we are both in current employment and have commitments etc, also we were worried that the consulate might question how we could afford the medical for having the baby in America considering we would not have insurance.

Out if interest if anyone has the figures, how many visas were issued in Europe last year, and if possible what were the numbers released around April last year?
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What the CO should have done is issued your visas as a normal case and then the "born subsequent to issuance" would have kicked in. The CO screwed that up so fixing the screw up would mean going back to the embassy.

April should still be ok it would take an extraordinary situation to cause a problem like the visas running out by then. So no worries as long as you are OK with the delay.
 
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