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Maxwell Stutler

Transfer K1 case for Russian Fiance in the midst of a Schengen denial despite being approved before

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Filed: K-1 Visa Country: Russia
Timeline
Posted (edited)

Hello all, I am in a bit of a situation with my fiance and her K1 interview. She is a Russian foreign national who was originally scheduled to have her K1 interview in Warsaw Poland on August 26th. Her Schengen visa was approved from Greece originally to cover the date. However, when she went to her medical exam they forced her to return on August 27th for further inquiry into her medical history ( which in my opinion, was complete <DELETED>but thats another story). We got her interview date in Warsaw switched and then she went back to Moscow to reapply for a new Schengen visa once her old visa expired.


She reapplied on September 1st and on September 6th she was denied this time, despite having the exact same application as before. The only difference is she doesnt work anymore because she quit her job to leave the country. She had more money in her bank account than the first time and i used myself as a supporter of funds as well. We had a cover letter also that explained our situation and why she didnt have a job compared to last time. Also, we of course had all of our flights and hotels mapped out to where we were staying and we stayed more days in Greece than Poland as well. We also, just like the first time had a flight showing us leaving Europe.

We are utterly devastated because now she cant get to Warsaw. Is there any advice you guys could give me in what we should do? My lawyers are now trying to get the case moved to another embassy but I doubt this will work. Has anybody had any success? I have yet again called my senators office to see if there is something that they could do.

Edited by Crazy Cat
Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)

***language removed from one comment***

Edited by Crazy Cat

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Filed: K-1 Visa Country: Wales
Timeline
Posted

Seems quite common to interview in other Countries.

 

She applied at the Polish Consulate? Or the Greek? I thought you applied for a Schengen based on your country of destination.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Russia
Timeline
Posted

Poland no longer gives out Schengens for Russians for obvious reasons. So you have to enter via another Schengen Country. She applied for a Greek one and was accepted the first time.

 

You have to stay more days in the country that issued you the visa. So we stayed 10 days in Greece and then we were gonna go to Poland. In the first application, we told them this and that we planned to spend some days in Poland as well as the reason.  

Filed: K-1 Visa Country: Wales
Timeline
Posted

Well we would be guessing why she was refused by Greece but there seem to be 2 possible reasons. Anyway water under the bridge so she needs to interview elsewhere.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Russia
Timeline
Posted

yes I agree, i reached out to my lawyers and my state representative explaining the situation to try and explain we are not embassy shopping we just literally can not get to the appointment.

Posted
8 hours ago, Maxwell Stutler said:

yes I agree, i reached out to my lawyers and my state representative explaining the situation to try and explain we are not embassy shopping we just literally can not get to the appointment.

Neither a lawyer nor a member of congress has any say over embassy decisions.  The onus is on you to contact the embassy and ask if they will take the case.  Then they would request the file from the previous embassy.

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Thread is moved from the K-1 Case Progress subforum to the Russia/Ukraine/Belarus regional forum, where multiple threads on this topic can be found.

---

Maxwell, it's indeed up to you -- Jerusalem and Almaty are two possibilities that have worked for others.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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

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