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Consulate Related Questions

The consulate usually refers to both the office of the consul as well as the building in which the consul’s staff work. The consulate is generally the ancillary representation in a foreign country, after the state’s main representation in that particular foreign country. The first overseas consulate established by the United States was the U.S. consulate in Liverpool, established in 1790. It was a main center for transatlantic commerce and was a key trading partner.

Below are some of the top questions answered by Experts related to consulates.

For an interview at the consulate for Form I-130, what should stepchildren bring?

Stepchildren need to bring their passports and originals of all the photocopies sent with Form I-130, along with an affidavit of consent from the father. Since it is a family unity visa, they should also bring any proof of the stepfather mailing gifts to the children to confirm he has established and maintained a long distance family relationship.

We are scheduled for an interview with the U.S. Consulate in Montreal as we are close to completion of our application for a Green Card. As Canadian Citizens, are we allowed to take a short trip to the U.S. before being granted Permanent Resident status, after we have our interviews and the medical exams?

There is no law that says you cannot visit while in the process of acquiring a Green Card. However, the officer may or may not allow you in at the entry port. You are in the process of immigrating here, so it is possible a visit may, in the eyes of some officers, conflict with your stated intent to live here. There is no guarantee of how the officer will see your trip. Therefore, it may be wise to wait for the Green Card.

The consulate-general has kept my to-be partner’s Ukrainian passport for about six months already. Initially, we were informed that the visa is approved but later we were told someone told the Consulate my partner is already in the U.S. and has a driver’s license. Do we have the right to ask who told them this?

It’s your right to ask but it’s also their right to withhold this information from you, and they probably will. Your partner’s passport will be held until the consulate finishes deciding the case. If your partner withdraws the visa application this will close the case and will force the consulate to return the passport. You are at the consulate’s mercy when you apply at the consulate, hence you must wait patiently or withdraw the application.

My children were born abroad, and I am registering them as U.S. citizens. What does the U.S. Consulate mean by “legal relationship”? I am named as the father on their birth certificates but their mother and I wedded some years after their births.

To register your foreign-born children, you should start with a birth certificate showing your name as the parent. You can also use the marriage certificate that shows the proof of relationship between you and the child or children’s other parent. If there are any questions about paternity and additional evidence is requested, a DNA test may be required. For more information please follow the link below:
http://travel.state.gov/law/info/overseas/overseas_703.html

The U.S. Consulate officer in Guangzhou has refused a visa for my Chinese fiancé, saying “You have not proved a genuine relationship”. Does a U.S. court have any jurisdiction over foreign consulates?

Getting Lawful Permanent Resident status in the U.S. is not a right, it is a discretionary benefit. One of the U.S. Consular Officer’s jobs is to maintain the borders of the U.S. and uphold the laws of the country, so the officers need to determine whether they think someone is trying to defraud the immigration system with a fraudulent marriage. Your marriage may be true, but the officer is allowed to ask these questions and decide whether they think your relationship and marriage is true, as well as whether they think your fiancé’s motives are honorable.

In a case like this, you may want to marry in China and then file the paperwork for a K-3 visa. Your case may have more weight if your partner is the wife of a U.S. citizen rather than the fiancé. Though the primary role of the consulate is promoting trade, the consulate is also involved in the issuing of passports and visas. If you are confused about the role of the consulate or how to navigate your way through a particular interaction with your country’s consulate, you may wish to clarify your doubts by asking an immigration lawyer.
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