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Jgarcia436

Help with Complicated K1 question

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Hello all,

 

as as always I appreciate this forums help for everything they’ve done to make this process as smooth as possible.

 

my question is as follows:

 

this passed January I filed my fiancé’s k1 visa and we received our NOA2 in May it expires September’s 15th

 

she was born in Iraq but hasn’t been a citizen of Sweden since she was 8 years old. The embassy in Stockholm sent us the checklist and they stated that she needs to provide 3 documents of which unfortunately she only has 1. They want her documents from Iraq even though she technically hasn’t been there since she was a child. They want her birth certificate, her ID(which she has) and her nationality certificate(she has but is outdated). To my knowledge they want all 3 forms but they all offer the same info, place of birth, parents names, and so on. 

all the times I’ve tried contacting the US Stockholm embassy they’ve been no help! They’ve told me that if she’s cannot get the documents that I should have her “document the hardship” how would I do this? Has anybody been accepted this way? I bet not. If anybody knows of such a case please let me know. I’m losing hope because we tried to get her birth certificate two ways. The Iraqi embassy was no help and they rudely insulted her for wanting to move to America, as well as her family friend in Iraq who tried obtaining the certificate for her and was unable to even after he paid the equivalent of $200 USD to the hospital she was born in. Now apparently he says my fiancé is banned from ever entering Iraq again. Which is the only way to even get her certificate let alone how dangerous and out of the question that would be. 

 

My point is there is literally no way we can get her birth certificates from Iraq, why won’t they take her equivilant

certofocate from Sweden which also shows the same information? If she’s a Swedish citizen I’d hope that’s be the case but it’s not.

 

somebody please help me and sorry for my rant. We are about ready to give up and throw away all the money and effort we put into this. It’s actually more

heartbreaking than it seems.

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This doesn't make sense: she was born in Iraq but hasn’t been a citizen of Sweden since she was 8 years old

 

Also the embassy will extend the NOA2 so don't worry about the time.

 

The Stockholm embassy is really one of the easiest ones out there. 

 

Why would she banned to come back just because someone tried to get her birth certificate from the hospital? You sure her parents don't have that?

 

If you can't get what they ask for then you will just have to follow their guidance for the hardship. Nothing else you can do. Not their fault she can't provide what they are asking for.


K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       

 

ROC from K-1 + K-2:

12/08/18....ROC window opens

12/13/18....I-751 mailed to Lewisville, TX

12/14/18....Delivered at Lewisville, TX

12/20/18....Text with case number. TX service center

12/24/18....NOA1/Extension letter received

 

 

 

 

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2 minutes ago, Georgia16 said:

This doesn't make sense: she was born in Iraq but hasn’t been a citizen of Sweden since she was 8 years old

 

Also the embassy will extend the NOA2 so don't worry about the time.

 

The Stockholm embassy is really one of the easiest ones out there. 

 

Why would she banned to come back just because someone tried to get her birth certificate from the hospital? You sure her parents don't have that?

 

If you can't get what they ask for then you will just have to follow their guidance for the hardship. Nothing else you can do. Not their fault she can't provide what they are asking for.

Sorry what I meant to say was she has been* 

 

and thats what she told me, Iraq is a complicated place at the moment with literally no government, the reciprocity schedule on the department of states site which the Swedish embassy uses is also outdated. Her parents don’t even remember receiving a birth certificate to begin with.

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5 minutes ago, Georgia16 said:

This doesn't make sense: she was born in Iraq but hasn’t been a citizen of Sweden since she was 8 years old

 

Also the embassy will extend the NOA2 so don't worry about the time.

 

The Stockholm embassy is really one of the easiest ones out there. 

 

Why would she banned to come back just because someone tried to get her birth certificate from the hospital? You sure her parents don't have that?

 

If you can't get what they ask for then you will just have to follow their guidance for the hardship. Nothing else you can do. Not their fault she can't provide what they are asking for.

I think it’s a typo ... she has been a citizen of Sweden since 8 yr old 

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I suggest you find a good immigration attorney to help handle the matter. Make sure you get one with experience dealing with this matter.

 

Not being able to produce documents does occur and the consulates will accept evidence that such documents can not be produced (i.e., document he hardship). However, this is outside the “normal route” of K-1 issues. When things get complex and unique circumstances arise, having an experienced attorney can make the difference.

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I agree. Get a good attorney that has experience writing up hardship cases. You seem very pessimistic on this hardship issue even though that's exactly what the embassy is recommending. A good attorney will get you past this hurdle. This forum is great for people that have fairly straight forward cases to do it themselves. Unfortunately, you no longer have a straight forward case.


Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

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Immigration attorney. Costs money but saves you a lot of stress and your case sounds like the attorney actually might earn their money fixing your case. 

Don't give up and good luck!


"Life is a journey." At this moment, it's taking me to the USA to the woman I love.

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

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