Petition denied.

[Ischnura 285]

19 minutes ago, Jorgedig said:

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?  

 It's starting to sound like they just either didn't know the full process for the visa & thought the initial approval was all they needed or thought it could be completed here.

 I'm going to guess with the denial they're now out of status. 

Edited July 2, 2019 by Ischnura

[HRQX 4,145]

2 hours ago, Ischnura said:

I'm going to guess with the denial they're now out of status. 

The most viable:

4 hours ago, geowrian said:

Option 2 is to refile from scratch.

 

[lgb2015 51]

There is a Foreign Military Spouse Association facebook group, it would be a really good idea to post in that group also as others may have had similar experiences. Can also speak to JAG on base and they should provide legal guidance for you about what's next. 

[Unlockable 7,306]

9 hours ago, Ischnura said:

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

 

Highly suggested that she create an account here. She can take as much time as she needs since she is distressed, but relaying information aka "asking for a friend" usually ends up with us not getting the complete story. 

 

But regarding this issue...

Quote

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

 

OK, then this is where the issues began...

Quote

 

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. 

 

The last sentence is concerning. They ignored the warning that they couldn't AOS in the US and did it anyway. An officer reviewing this case probably had not issues with the denial. Best advice to give your friend is to take everything related to immigration extremely seriously. Ignoring such warnings is costing them now.

 

Quote

It's starting to sound like they just either didn't know the full process for the visa & thought the initial approval was all they needed or thought it could be completed here.

You can make that claim, but with the previous warning they can say that your friend simply tried to manipulate their immigration. Coming to the US without the proper visa to stay and adjust status is considered immigration fraud.

 

Quote

 I'm going to guess with the denial they're now out of status. 

Likely the case. They need to get this resolved ASAP.

 

Quote

 

Only 1 is.  

Airforce gave orders, they had no choice. 

 

This argument is not gonna fly. If she doesn't have official status as of yet, she will not have the authority to come as she pleases. This is evident with the warning about not being able to AOS.

 

Quote

Do they have any options at this point?

@geowrian gave the best options.

1. Ask for a reconsideration (and pray).

2. Start all over.

also I'm gonna add

3. Do NOT ignore appropriate advice about the proper way of going through immigration.

 

 

[Jeanne Adil 1,651]

11 hours ago, Ischnura said:

Only 1 is.  

Airforce gave orders, they had no choice. 

He received orders

she didn't

even USC many of us stay stateside when husband gets orders to another country / sometimes we follow later after a house is sold or kids are out of school for the summer

[belinda63 2,981]

The issue is she could have returned to her country as her authorized stay in Germany ended. While in her country the immigration process could have been completed. Coming to the US without the a visa is not the proper way to do things. Even as two US citizens, when I gave birth in Germany we had to extend our tour to allow time to received the child's passport. 

[Jeanne Adil 1,651]

9 minutes ago, belinda63 said:

The issue is she could have returned to her country as her authorized stay in Germany ended. While in her country the immigration process could have been completed. Coming to the US without the a visa is not the proper way to do things. Even as two US citizens, when I gave birth in Germany we had to extend our tour to allow time to received the child's passport. 

yes,  she could have and as a military dependent ,   she has an allotment

 

[Randyandyuni 2,682]

OP - I would reach out to @Roel, she is quite knowledgeable about things military as a dependent and might be able to provide some assistance and/or insight. 

 

As others have said, only the serviceman gets orders, dependents get permissions to accompany if the tour is an accompanied one, either way good luck 

[Cathi 5,609]

16 hours ago, Ischnura said:

Only 1 is.  

Airforce gave orders, they had no choice. 

They absolutely had a choice. They could have and should have stayed in Germany until their visas were approved and her husband could have returned to the US on his own. You cannot just come to the US and adjust status just because you're married to a citizen. You need the proper visa.

[Unlockable 7,306]

*** Thread closed as OP has received the appropriate advice and have requested it to be closed

 

VJ Moderation