Wife's mom coming over from Russia on a K-1 visa

[raymaga 26]

USCIS lost my K-2 daughter's "package" after she entered the U.S. We turned it in at the POE but it never made it back to USCIS. We didn't know this until we showed up for her AOS interview.

At her AOS interview, the officer said there is a "presumption" that she must have passed the medical exam because she was issued her K-2 visa (in her passport).

[vad479 0]

gary thank you for all the information! we have spoken with several cbp officers (even got throgh the security gate at terminal 1!) and it really sounds like she just might get through. they mentioned that she may have to go through "deferred inspection" and/or see a judge in terminal 8. but like you said, it will be a major pita getting documents for aos. i will post back to tell if there are two people or three driving home from jfk tonite.

oh, it's an htc something, this thing rocks. i have a ptt blackberry from work, and trying to get on vj.com was ridiculous.

[Chica Yeyé 41]

yay! Please keep us updated. Your experience will help others in the future!

[redglasses 1]

I really wish you good luck!

[Gary and Alla 3,696]

gary thank you for all the information! we have spoken with several cbp officers (even got throgh the security gate at terminal 1!) and it really sounds like she just might get through. they mentioned that she may have to go through "deferred inspection" and/or see a judge in terminal 8. but like you said, it will be a major pita getting documents for aos. i will post back to tell if there are two people or three driving home from jfk tonite.

oh, it's an htc something, this thing rocks. i have a ptt blackberry from work, and trying to get on vj.com was ridiculous.

Great news (I hope)

I will be talking to my acquaintance at USCIS again in the next day or two. Tell me what happens (post it here because a lot of folks want to know) anyway, then I will talk to him and see what he suggests to sreamline this. At any rate the AOS process takes some time and is not urgent or anything so you can work it out. Seems to me worst case is repeat medical and vaccinations, but i will see.

Just me to you...I saw your post early this morning, probably a few minutes after you made it and I didn't know what to say. I tried all day to get hold of my buddy at USCIS. I missed him at home and he didn't answer his cell phone and he didn't get back to me until later this afternoon, sorry I couldn't answer sooner. Good thing you have that hi-tech gizmo.

[SuperDuper! 230]

thanks Gary. now, what's cbp stand for? immigration office?

Customs and Border Protection. Those are the guys she will deal with at JFK. They are NOT "immigration", USCIS is "immigration". They are basically border patrol officers who check documents and passports. The rules are made by the Department of Homeland Security (DHS) who is the "parent corporation" of both. They follow DHS rules. Dammit, I have no neighbors of friends working for DHS directly. LOL USCIS only says there is nothing in there THEY need to admit her. There IS stuff in there they need for the AOS.

And if you read the fine print on a K1/K3 visa, it says the visa is a one-way entry to the US, and even then, it only gives you the privilege to speak to a CBP and request entry. He can turn anyone around and deny entry to US on his word alone. So if he personally needs to see your visa and DO NOT OPEN envelope, then he will only allow someone in with all the proper papers. And yes, people who tear open the envelope in flight have been turned back around and denied entry. It says in crazy big letters, DO NOT OPEN. Maybe you think they are just kidding, Gary. More power to ya!

[Gary and Alla 3,696]

thanks Gary. now, what's cbp stand for? immigration office?

Customs and Border Protection. Those are the guys she will deal with at JFK. They are NOT "immigration", USCIS is "immigration". They are basically border patrol officers who check documents and passports. The rules are made by the Department of Homeland Security (DHS) who is the "parent corporation" of both. They follow DHS rules. Dammit, I have no neighbors of friends working for DHS directly. LOL USCIS only says there is nothing in there THEY need to admit her. There IS stuff in there they need for the AOS.

And if you read the fine print on a K1/K3 visa, it says the visa is a one-way entry to the US, and even then, it only gives you the privilege to speak to a CBP and request entry. He can turn anyone around and deny entry to US on his word alone. So if he personally needs to see your visa and DO NOT OPEN envelope, then he will only allow someone in with all the proper papers. And yes, people who tear open the envelope in flight have been turned back around and denied entry. It says in crazy big letters, DO NOT OPEN. Maybe you think they are just kidding, Gary. More power to ya!

I have no intention of answering this persons post with my "thoughts" on the matter. If I did , I would have answered it about 3 minutes after he posted it and my answer would have been "OH, #######???????" which would have done him no good. Instead I endeavored to contact a personal acquaintance who is a director at the USCIS VSC. Took me all day. But then I got a very reasoned and logical answer which seems to be playing out as correct. He is interested also and Alla is on her way over to their house to pick up some plastic flower pots for the geraniums she dug up today, seems his Russian wife has an abundance of them. If the OP responds anytime soon I will give him a call and let him know also.

You are correct a CBP officer could just be an ignorant boor and turn her away. I do not think so and from what the OP tells us after talking to them at JFK it appears to be the case they will let her in the US.

As to opening the envelope...you betcha. If you open it and you arrive with it open that is another matter entirely. You could have substituted another person for the proper visa holder, you could have substituted medical records, etc. There is a clear breach of the rules. Losing an envelope is not a breach of the rules, it is a mistake, it is a human error and in no way threatens the security of the US. The person has a visa to enter the country, the envelope is needed for adjusting status.

I understand what you are saying, but what we have been told by an officer of the USCIS and told to the OP by CBP at the POE, it seems this will be worked out. She is only asking for a one way entry, that is not in dispute (incidentally I think you meant K-2, the K-3 is a multiple entry visa)

I think before we all go to bed we will hear that his MIL is on her way home in the USA, I hope so. I do not envy him sorting out the AOS mess, but this too will pass. It ain't nothing but a thing. I hope I will be able to get him some info to help with that.

I also wonder about the statement that the consulates do not keep copies of this. When we went for our K-2 to follow 10 months after the K-1 was issued, they sure as heck had OUR file and my wife had the secret envelope when she arrived and a green card before we went back for our son, so I am hoping there is a way the consulate does have a copy of all that. I can imagine they SAY they do not keep those things but I think they really do. I will find out

[jimnlena 8]

What a nightmare!! I can imagine my Lena or her daughter comming later being in same situation!! I Hope for the best for you!! Definately post as soon as YOU HAVE 3 IN the car!!

[Leenie 15]

Oh man, good luck!! I really hope they let her in, the envelope turns up, and everything resolves itself in a neat little package!

[Gary and Alla 3,696]

gary thank you for all the information! we have spoken with several cbp officers (even got throgh the security gate at terminal 1!) and it really sounds like she just might get through. they mentioned that she may have to go through "deferred inspection" and/or see a judge in terminal 8. but like you said, it will be a major pita getting documents for aos. i will post back to tell if there are two people or three driving home from jfk tonite.

oh, it's an htc something, this thing rocks. i have a ptt blackberry from work, and trying to get on vj.com was ridiculous.

OK...we're all waiting...

[Usui Takumi 1,562]

Hmm do you fail to post back if things go well or badly? I'd say she made it through and he forgot all about this discussion.

[vad479 0]

Hello all, it's 3am and we've just arrived. I will elaborate when I wake up, but to make it short: Gary was right.

[Gary and Alla 3,696]

Hello all, it's 3am and we've just arrived. I will elaborate when I wake up, but to make it short: Gary was right.

I am very glad you got home safely and she is here. So let us know the upshot after you have some sleep and I will contact this gentleman from USCIS and see what can be done to sort out the AOS stuff. Unless, she found her envelope in her suitcase?

Welcome.

So what happened? You married her daughter and now you hooked up her Mom?

[licia 0]

Hello all, it's 3am and we've just arrived. I will elaborate when I wake up, but to make it short: Gary was right.

I am very glad you got home safely and she is here. So let us know the upshot after you have some sleep and I will contact this gentleman from USCIS and see what can be done to sort out the AOS stuff. Unless, she found her envelope in her suitcase?

Welcome.

So what happened? You married her daughter and now you hooked up her Mom?

Gary, you are very helpful to everyone on this site. meme si tu connais pas la reponse, tu t'eforces a chercher pour aider les autres. merci beaucoup.

i'm very happy for you vad.

[Gary and Alla 3,696]

Hello all, it's 3am and we've just arrived. I will elaborate when I wake up, but to make it short: Gary was right.

I am very glad you got home safely and she is here. So let us know the upshot after you have some sleep and I will contact this gentleman from USCIS and see what can be done to sort out the AOS stuff. Unless, she found her envelope in her suitcase?

Welcome.

So what happened? You married her daughter and now you hooked up her Mom?

Gary, you are very helpful to everyone on this site. meme si tu connais pas la reponse, tu t'eforces a chercher pour aider les autres. merci beaucoup.

i'm very happy for you vad.

Merci pour vos mots gentils Licia. C'est toujours mon plaisir de voir quelqu'un accomplir le voyage. La bonne chance à vous et votre homme spécial.

Oh nad have your MIL get her SSN soon, in her maiden name and don't be taking any lip off the clerks at the SSA!