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Ischnura

Petition denied.

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Hey, asking for a friend - she's too beside herself to create an account atm. 

 

 They filed their I-130 back in Germany in September - approved.

 PCS'ed back to the US with the kids, when they got here they were told they couldn't AOS in the US and had to go back to Germany as that's where they started the process.

 Paid $3k for her and the kids to AOS in the US anyhoo. Their petition & documents were signed for on arrival in February then they heard nothing until today and it was a flat out denial for not sending the documents with the petition. No RFIE, nothing. 

 

 Do they have any options at this point?

 

 




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Motion to Reconsider / Motion to Reopen (MTR), although they need to show that they provided the necessary documents.

Option 2 is to refile from scratch.

 

So they all lived abroad then came to the US mid-process? Why didn't they complete the process abroad?


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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They were stationed in Germany. Husband is Airforce. Their I-130 was approved just before they received orders to PCS back to Ohio. 

 

 Thanks for the advice, I'll let her know. She'll be relieved there's at least something they can do. :)




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1 minute ago, Ischnura said:

They were stationed in Germany. Husband is Airforce. Their I-130 was approved just before they received orders to PCS back to Ohio. 

 

 Thanks for the advice, I'll let her know. She'll be relieved there's at least something they can do. :)

Gotcha. Kinda sounds like they planned to come to the US and stay, which is a big no no on most non-immigrant visas. Although that's in the past now and not the cause for the denial.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 hour ago, Ischnura said:

Their petition & documents were signed for on arrival in February then they heard nothing until today and it was a flat out denial for not sending the documents with the petition.

What documents were missing from the original petition?  What documents did you actually send?

 

 


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July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

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July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

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1 hour ago, Ischnura said:

Hey, asking for a friend - she's too beside herself to create an account atm. 

 

 They filed their I-130 back in Germany in September - approved.

 PCS'ed back to the US with the kids, when they got here they were told they couldn't AOS in the US and had to go back to Germany as that's where they started the process.

 Paid $3k for her and the kids to AOS in the US anyhoo. Their petition & documents were signed for on arrival in February then they heard nothing until today and it was a flat out denial for not sending the documents with the petition. No RFIE, nothing. 

 

 Do they have any options at this point?

 

 

What does PCS mean? 

 

Why did they go back to Ohio when the process in Germany wasn't finished? 

 

Why did they pay $3k in an attempt to AOS which they couldn't do anyway? Who did they pay it to? A lawyer? 



 

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28 minutes ago, Going through said:

What documents were missing from the original petition?  What documents did you actually send?

 

 

She said everything - birth certificates, hubby's decree absolute, their marriage certificate. They sent those in Feb, they were signed for, but USCIS say they don't have them. 




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11 minutes ago, little immigrant said:

What does PCS mean? 

 

Why did they go back to Ohio when the process in Germany wasn't finished? 

 

Why did they pay $3k in an attempt to AOS which they couldn't do anyway? Who did they pay it to? A lawyer? 

PCS - permanent change of station. They were sent on orders back to the US. Couldn't stay in Germany. 

 No idea on the last part. 




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8 minutes ago, Ischnura said:

Airforce gave orders, they had no choice. 

Doesn't mean they are exempt from following the rules.  Why couldn't they remain in Germany to complete their visa processes?

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26 minutes ago, little immigrant said:

I assume the immigrant was a German citizen? How did she not have a choice? 

 

I immigrated from Germany and my then husband lived in Florida. Well we were separated but it was doable. I don't understand how the beneficiary had no choice? 

She's from England, they were stationed in Germany - on post housing - for 8ish years. I presume since they were all on his orders they all had to go - correct me if I'm wrong, my own husband and I weren't married during his military career. 




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Posted (edited)
26 minutes ago, Jorgedig said:

Doesn't mean they are exempt from following the rules.  Why couldn't they remain in Germany to complete their visa processes?

Never implied they were. He had no choice but to go, no idea what the military says about dependents on orders. They also weren't told they had to do everything in Germany. 

Edited by Ischnura



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16 minutes ago, Ischnura said:

Never implied they were. He had no choice but to go, no idea what the military says about dependents on orders. They also weren't told they had to do everything in Germany. 

Visas are only interviewed for and given overseas, not stateside.  I don't believe there are exceptions made for military dependents.  What is her current status in the US?  

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