Jump to content
10uhcn

Visa approved; can't fiance process here in the US since he is here visiting?

 Share

13 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Latvia
Timeline

I am a US citizen and met my fiance while on a mission in Latvia. 2 weeks ago, he came to the US with me on a visitor visa waiver.

2 days ago, our I-129F petition for fiance visa was approved. We are inquiring as to why would they make him return to Latvia to be interviewed at the US Embassy there? Can't he get the medical checks here in the states and be interviewed here in the US?

I can't seem to convey to the USCIS phone staff that the trip back to Latvia is unnecessary bureaucratic red tape. He is already here! He is supposed to stay here as a visitor until mid-June. There is no reason to go to the embassy in Latvia.

Can anyone give me suggestions, directions, similar situations, success stories, contact information? I am not sure who or where to go to appeal that he just be processed here.

Link to comment
Share on other sites

What you propose cannot be done within the US.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Link to comment
Share on other sites

Filed: Lift. Cond. (apr) Country: China
Timeline
Can't he get the medical checks here in the states and be interviewed here in the US?

No

Furthermore, your title topic is a misnomer. USCIS only approved the petition you filed, no visa has been approved since an interview at the Embassy has not taken place.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Link to comment
Share on other sites

Filed: AOS (apr) Country: Kenya
Timeline

We are inquiring as to why would they make him return to Latvia to be interviewed at the US Embassy there?

Because those are the rules.

Can't he get the medical checks here in the states and be interviewed here in the US?

No, there are no US Embassies in the US.

I can't seem to convey to the USCIS phone staff that the trip back to Latvia is unnecessary bureaucratic red tape.

It's your problem not theirs.

He is already here!

Then he will return back.

He is supposed to stay here as a visitor until mid-June. There is no reason to go to the embassy in Latvia.

If he wants a K-1 there is.

Can anyone give me suggestions, directions, similar situations, success stories, contact information?

Follow the rules and stop trying to invent new ones. You will not win this.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Latvia
Timeline

Unfortunately, the entire premise of the K1 is that the beneficiary of the petition is abroad. That's just how it works. As has been stated in previous responses, the approval of your I-129F Petition was just that, the approval of a petition and not a visa approval.

At this point your approved petition is being forwarded to the NVC then it will be forwarded to (presumably) the Latvian embassy if that is what your application listed. The embassy will then send your fiance instructions regarding the steps that must be taken prior to scheduling an interview including but not limited to filling out DS-160 which is the actual visa application. Once all the steps are complete he schedules an interview in Riga (or whatever you detailed on your application).

I would advise not doing anything silly, like getting married while he is there in the US if you are thinking about it. The process in Latvia for K1 is really fast. Once the embassy has his approved petition, he can set up an interview probably within the week assuming he has all his necessary documentation (birth certificate, police certificate, medical examination, etc). If you had to refile for a marriage visa, that would be a shame.

He'll have to return home and finish the process by the rules like the rest of us.

Edited by divikaki

K1:

10.23.2013 I-129F sent
10.29.2013 NOA1 / Routed to CSC
11.15.2013 NOA2 / Petition approved
12.27.2013 Package 3 received
03.10.2014 Medical
03.17.2014 Interview

03.21.2014 Visa in hand

06.18.2014 POE Atlanta

07.09.2014 Apply for SSN

07.26.2014 Married

AOS:

09.16.2014 AOS/EAD/AP sent

09.24.2014 NOA1 texts/emails (x3) - Check cashed

09.27.2014 NOA1 Hardcopies (x3)

10.04.2014 Biometric Appointment letter (10.15.2014)

10.07.2014 Biometric Walk-in Appointment

11.25.2014 EAD in Production (Email and Text)

12.03.2014 Card mailed

12.04.2014 Combo EAD/AP card received

01.03.2015 Notice of potential interview waiver received

"What is essential is invisible to the eye." Antoine de Saint-Exupéry, The Little Prince

Link to comment
Share on other sites

Filed: AOS (apr) Country: Kenya
Timeline

The embassy will then send your fiance instructions regarding the steps that must be taken prior to scheduling an interview including but not limited to filling out DS-160 which is the actual visa application.

Will be sent to the foreign address you listed on the 129f or G325A form.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Latvia
Timeline

The embassy will then send your fiance instructions regarding the steps that must be taken prior to scheduling an interview including but not limited to filling out DS-160 which is the actual visa application.

Will be sent to the foreign address you listed on the 129f or G325A form.

In our experience with the Riga Embassy, "Packet 3" was sent via e-mail and via regular mail. So this shouldn't impose any problems. And I would be happy to share this information with the OP if they want to know what Riga requires for Packet 3, although I believe it's also basically all layed out on the embassy website.

K1:

10.23.2013 I-129F sent
10.29.2013 NOA1 / Routed to CSC
11.15.2013 NOA2 / Petition approved
12.27.2013 Package 3 received
03.10.2014 Medical
03.17.2014 Interview

03.21.2014 Visa in hand

06.18.2014 POE Atlanta

07.09.2014 Apply for SSN

07.26.2014 Married

AOS:

09.16.2014 AOS/EAD/AP sent

09.24.2014 NOA1 texts/emails (x3) - Check cashed

09.27.2014 NOA1 Hardcopies (x3)

10.04.2014 Biometric Appointment letter (10.15.2014)

10.07.2014 Biometric Walk-in Appointment

11.25.2014 EAD in Production (Email and Text)

12.03.2014 Card mailed

12.04.2014 Combo EAD/AP card received

01.03.2015 Notice of potential interview waiver received

"What is essential is invisible to the eye." Antoine de Saint-Exupéry, The Little Prince

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Portugal
Timeline

I can't seem to convey to the USCIS phone staff that the trip back to Latvia is unnecessary bureaucratic red tape. He is already here! He is supposed to stay here as a visitor until mid-June. There is no reason to go to the embassy in Latvia.

Can anyone give me suggestions, directions, similar situations, success stories, contact information? I am not sure who or where to go to appeal that he just be processed here.

There is a reason for him to return: to interview at the Embassy so he can receive a K1 visa, which he will use to enter the US and receive the I-94 so he can Adjust Status after marrying you. That's why things are done this way. Any other way around this could be considered immigration fraud. Just be happy that you can actually enjoy this time with him and not be apart like so many of us.

There is really no way around this, no one to contact, no success stories. You want to have him with you in the US legally, the right way, then these are the rules of the game.

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

JOrOp1.png

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Mexico
Timeline

You have not had a visa approved. You had the I-129F petition approved. That petition approval grants your foreign fiance(e) the eligibility to apply for the K-1 visa at the US consulate in the country in which they legally reside. There are no US consulates in the US. The Dept. of State issues US visas, not your local USCIS office. You must interview at your appropriate US consulate abroad.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Link to comment
Share on other sites

Filed: K-1 Visa Country: Latvia
Timeline

Divilkaki, Jay-Kay, and SparklePony,

Thank you so much for your kind and informative responses. The address on file for him is in Riga and that is the embassy through which he will interview.

For those of you with Latvia experience, could he conduct any of his medical exams here in the US? Would that avoid his having to pay to have his records translated?

Another question, will the letter/packet sent to his address be written in English?

Thank you again for your encouragement.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Mexico
Timeline

Divilkaki, Jay-Kay, and SparklePony,

Thank you so much for your kind and informative responses. The address on file for him is in Riga and that is the embassy through which he will interview.

For those of you with Latvia experience, could he conduct any of his medical exams here in the US? Would that avoid his having to pay to have his records translated?

Another question, will the letter/packet sent to his address be written in English?

Thank you again for your encouragement.

No. You cannot have a K-1 medical exam in the US. It must be done by a designated panel physician abroad for your consulate.

Info can be found directly from the US embassy website for your country.

Medical > http://riga.usembassy.gov/med_exam_en.html

Medical examinations from any other physicians or clinics cannot be accepted.

K-1 instructions > http://riga.usembassy.gov/imm_rga2_en.html

Edited by Jay-Kay

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Portugal
Timeline

All medical exams for the K1 visa have to be completed in the country of origin/residence. This is because those records will be reviewed by the staff at the Embassy. This means he will have to have his medical in Latvia.

As for the Packet/letter sent to his address, I don't know specifically for Riga, but mine was sent in English. The information regarding the medical is written in English, Portuguese, and French (because I have to go through the Paris Embassy even though I'm in Portugal).

Hope this helps.

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

JOrOp1.png

Link to comment
Share on other sites

Filed: AOS (pnd) Country: Latvia
Timeline

Since I think I am the only active poster with Riga experience, I'll do my best to tell whatever I can.

Like has already been said you will need to have your medical in Riga since that is where the interview will take place. Only one doctor in Latvia is able to do the medical. She's easy to get into and she was able to provide my fiance with his results in 4 days (His appointment was on Monday, he picked them up on Friday). This is partly because the x-ray is done at another location. The results do not have to be translated regardless, so that is not something you have to be worried about.

Once your fiance gets his case number (starts with RGA), he can call to Dr. Caune and make an appointment. If you're hoping for your fiance to return to the US asap, he would ideally make the appointment for right after he returns to Latvia from his current trip to the US. He'll just need to take his vaccination passport and report from his primary care physician if he has it when he goes to see her.

http://riga.usembassy.gov/med_exam_en.html

Other things you need to be doing.

1. Obtain his birth certificate. Also obtain any name change certificates if applicable. The embassy accepts documents in English and Latvian, no translation required. However, we got my fiance's translated just to have in case when we go to the states since it is much easier to do here.

2. Obtain his police certificate. This was also a very quick process. But there's no sense in not getting started.

http://photos.state.gov/libraries/latvia/231771/PDFs/police_clearance_letter_latvia2.pdf

3. Court/Prison Records; Military Records; Marriage Termination Records. We didn't have or need these. But they're required if they apply to you.

Since you're in the US, make sure your I-134 and all supporting documentation is in order so your fiance has everything he needs when he goes back for his interview.

Basically just get everything, or as much as you can, ready now. Then he can go home, get the medical done and go for his interview. I would suggest scheduling the interview at least one week after the medical. And just so you know, my fiance received his visa in hand 3 days after the interview (interview Monday, visa on Thursday) and could have had it on... Wednesday but he didn't have time to meet the courier. So things are speedy here.

And yes, they send all the information in English.

Good luck. Let me know if you have any questions.

K1:

10.23.2013 I-129F sent
10.29.2013 NOA1 / Routed to CSC
11.15.2013 NOA2 / Petition approved
12.27.2013 Package 3 received
03.10.2014 Medical
03.17.2014 Interview

03.21.2014 Visa in hand

06.18.2014 POE Atlanta

07.09.2014 Apply for SSN

07.26.2014 Married

AOS:

09.16.2014 AOS/EAD/AP sent

09.24.2014 NOA1 texts/emails (x3) - Check cashed

09.27.2014 NOA1 Hardcopies (x3)

10.04.2014 Biometric Appointment letter (10.15.2014)

10.07.2014 Biometric Walk-in Appointment

11.25.2014 EAD in Production (Email and Text)

12.03.2014 Card mailed

12.04.2014 Combo EAD/AP card received

01.03.2015 Notice of potential interview waiver received

"What is essential is invisible to the eye." Antoine de Saint-Exupéry, The Little Prince

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...