Traveling back to U.S. on K3 when in AP after CR1 Interview

[Hagi 0]

As the topic title says, can this be done as she already has a valid K3 visa to the U.S.? At the CR1 interview they told her not to leave the country (Turkey) at the interview but they are fools, all our paperwork is flawless with endless proofs (I had a lot more at the interview but they did not even want to see it!). I don't trust them at all, they are the most insensitive, rude, and arrogant people. They should suffer for their treatment of people and hurting families.

My wife, who is 4 months pregnant, went to Turkey to get the CR1 visa after the AOS in the U.S. seemed impossible since they fumbled all of our paperwork at the POE and would not return her birth certificate. She was missing the Medical Exam (as we thought since she had her shot record this was good enough and they already accepted it at the K3 interview) and was put on AP (221g) because that was the one thing we lacked, that and a sensible competent interviewer but those are one in a million. They even made her wait 3.5 extra hours at the embassy after her interview time, never calling her number.

I plan on sending the US Embassy a letter written from my Doctor saying she must come back to the States to continue her OB treatment for the baby. Also, I have an uncle pretty high up in the Turkish government and I'd like to have him write a letter saying why do you treat our citizens like dirt. If things go bad, looks like my baby may be born in Turkey where I don't have medical insurance. These F' heads are hurting my babies future, what if he/she wants to be president. That is why I need to bring her back and maybe go back later once the AP is done. Can this be done? Thanks.

[JimVaPhuong 4,863]

I don't think writing a letter about your wife's pregnancy and sending it to the embassy is going to help. It might make a nice humanitarian appeal to the CO, but it's not something they are required to consider, and they usually won't.

It doesn't sound like they screwed up at the POE. It sounds like they screwed up at the K3 interview. As far as I know, K visas don't require immunization records because they are non-immigrant visas. The beneficiary could get their immunizations in the US before AOS. However, the medical results ARE required. She probably shouldn't have gotten the K3 without it.

They are also not required to return any of the documents you submit except for the passport. Everything else becomes part of the permanent record.

If she has a valid K3, why would they require her to return to Turkey for a CR1 interview? It seems to me that if they required her to return to interview for a CR1 then the K3 is no longer valid, and she wouldn't be able to return to the US with it. Maybe there's something I'm just not understanding...

[Hagi 0]

I don't think writing a letter about your wife's pregnancy and sending it to the embassy is going to help. It might make a nice humanitarian appeal to the CO, but it's not something they are required to consider, and they usually won't.

It doesn't sound like they screwed up at the POE. It sounds like they screwed up at the K3 interview. As far as I know, K visas don't require immunization records because they are non-immigrant visas. The beneficiary could get their immunizations in the US before AOS. However, the medical results ARE required. She probably shouldn't have gotten the K3 without it.

They are also not required to return any of the documents you submit except for the passport. Everything else becomes part of the permanent record.

If she has a valid K3, why would they require her to return to Turkey for a CR1 interview? It seems to me that if they required her to return to interview for a CR1 then the K3 is no longer valid, and she wouldn't be able to return to the US with it. Maybe there's something I'm just not understanding...

At the POE they said my I-94 I filled out on the plane was not needed with a k3 visa. That was missing and one of the requirements of doing AOS in the U.S. That along with a photo copy of her birth certificate which they took and lost. NVC and USCIS has no idea where this information went.

They did not require us to go get the CR1. This was our choice to get her a visa as she was going to visit her family in Turkey anyway and my Brother is getting married next month too. Basically, I am being screwed by these incompetent people and I have to be patient.

Why would you go on AP for just having missed a medical report??? Anyway, back to my question, can she come back on the k3 when she is on AP?

[emt103c 10]

This is one case where you cannot blame the US Embassy or the POE. You had your wife return to a country where AP happens OFTEN and takes a long time and did not take all of the information required for issuance of the visa. The POE does not return any original documents. Everything in that envelope is forwarded back to the A-file.

The letters you want to send are going to do no good at all. Give the consulate the required additional information and they will issue the new visa.

All you had to do was file for AOS. That is the procedure. Returning to home country for another interview is always risky.

[emt103c 10]

Why would you go on AP for just having missed a medical report??? Anyway, back to my question, can she come back on the k3 when she is on AP?

It is possible that you could get away with this, but I wouldn't risk it given the fact that the CO updates the DHS file to reflect the AP. By the way, this AP is not what you are thinking, all you have to do is give them the requested information and in a matter of weeks they will issue the visa. . .it is not an extensive security check.

[Hagi 0]

Why would you go on AP for just having missed a medical report??? Anyway, back to my question, can she come back on the k3 when she is on AP?

It is possible that you could get away with this, but I wouldn't risk it given the fact that the CO updates the DHS file to reflect the AP. By the way, this AP is not what you are thinking, all you have to do is give them the requested information and in a matter of weeks they will issue the visa. . .it is not an extensive security check.

Thanks for replying. What is a CO, Consulate Officer?

The person at the interview was very specific in saying we should not send in the green form with the missing medical report until our case number showed up on the Administrative Processing website of the Ankara Embassy website. She said this could take 2 months or even 8 months.

I will call them tonight and try to find out what is going on exactly. Lets see if I can get any answers or work out of them.

[Enlighten one :) 5]

Anything missing will put you in AP automaticly. Once turned in you could be out or put back in.

She should have never returned back to your country where AP is common.

Why would you go on AP for just having missed a medical report??? Anyway, back to my question, can she come back on the k3 when she is on AP?

It is possible that you could get away with this, but I wouldn't risk it given the fact that the CO updates the DHS file to reflect the AP. By the way, this AP is not what you are thinking, all you have to do is give them the requested information and in a matter of weeks they will issue the visa. . .it is not an extensive security check.

Thanks for replying. What is a CO, Consulate Officer?

The person at the interview was very specific in saying we should not send in the green form with the missing medical report until our case number showed up on the Administrative Processing website of the Ankara Embassy website. She said this could take 2 months or even 8 months.

I will call them tonight and try to find out what is going on exactly. Lets see if I can get any answers or work out of them.

[emt103c 10]

Please contact Laurel Scott to see if she thinks you can simply return and file AOS. She is VERY experienced.

Edited September 10, 2009 by emt103c

[New Beginnings 32]

It's my understanding that the K3 visa is cancelled once you interview for the CR1. That may also be why they told her not to leave the country.

[Hagi 0]

It's my understanding that the K3 visa is cancelled once you interview for the CR1. That may also be why they told her not to leave the country.

Oh my... they did tell her not to leave the country at the Visa Interview. I called the U.S. Embassy Ankara and asked if she can come back to the U.S. and deliver the baby on her valid K3 visa if the CR-1 AP takes too long. The woman said "As far as I know, yes she can travel with a valid k3 visa". She was not sure... we are completely at the mercy of these Immigration Officers.

I don't know how many times I have called them and I have gotten a bad answer like this. Why don't they have any concrete processes or steps. If they don't then they should always give the benefit of the doubt.

Can anyone else provide more details? This is very important for me, my wife and especially our unborn baby, thanks.

Also, I have contacted my congressman and senator to hopefully get answers on why we were put on AP and how how long it will take. They would not give me these answers over the phone as well, saying it was a national security item and it is hard to estimate the times.

[emt103c 10]

Neither Congressional reps nor the consulate will give legal advice. Consult with Laurel Scott, she will be able to give you a definite answer.

[Hagi 0]

Neither Congressional reps nor the consulate will give legal advice. Consult with Laurel Scott, she will be able to give you a definite answer.

Who is Laurel Scott? What is the best way to get a hold of them? Thanks.

[canadian_wife 1,822]

Laurel Scott is a qualified, competent, experienced immigration attorney.

http://www.scottimmigration.net/

Good luck. She is excellent

[Ann 26 1]

As the topic title says, can this be done as she already has a valid K3 visa to the U.S.? At the CR1 interview they told her not to leave the country (Turkey) at the interview but they are fools, all our paperwork is flawless with endless proofs (I had a lot more at the interview but they did not even want to see it!). I don't trust them at all, they are the most insensitive, rude, and arrogant people. They should suffer for their treatment of people and hurting families.

My wife, who is 4 months pregnant, went to Turkey to get the CR1 visa after the AOS in the U.S. seemed impossible since they fumbled all of our paperwork at the POE and would not return her birth certificate. She was missing the Medical Exam (as we thought since she had her shot record this was good enough and they already accepted it at the K3 interview) and was put on AP (221g) because that was the one thing we lacked, that and a sensible competent interviewer but those are one in a million. They even made her wait 3.5 extra hours at the embassy after her interview time, never calling her number.

I plan on sending the US Embassy a letter written from my Doctor saying she must come back to the States to continue her OB treatment for the baby. Also, I have an uncle pretty high up in the Turkish government and I'd like to have him write a letter saying why do you treat our citizens like dirt. If things go bad, looks like my baby may be born in Turkey where I don't have medical insurance. These F' heads are hurting my babies future, what if he/she wants to be president. That is why I need to bring her back and maybe go back later once the AP is done. Can this be done? Thanks.

Sooner you submit the missing document ,quicker you will be getting the visa... I would try to obtain the document and sumbit it as soon as possible. Your wife will have another interview, and if everything looks good she will be issued visa. But remember that once they put 221 g in the file, you have to overcome that 221 within 1 year, if you don't react they will revoke your petiton and send it back. Hopefully this won't happen, but be very careful.

I have been there, done that.

Good Luck

[Hagi 0]

As the topic title says, can this be done as she already has a valid K3 visa to the U.S.? At the CR1 interview they told her not to leave the country (Turkey) at the interview but they are fools, all our paperwork is flawless with endless proofs (I had a lot more at the interview but they did not even want to see it!). I don't trust them at all, they are the most insensitive, rude, and arrogant people. They should suffer for their treatment of people and hurting families.

My wife, who is 4 months pregnant, went to Turkey to get the CR1 visa after the AOS in the U.S. seemed impossible since they fumbled all of our paperwork at the POE and would not return her birth certificate. She was missing the Medical Exam (as we thought since she had her shot record this was good enough and they already accepted it at the K3 interview) and was put on AP (221g) because that was the one thing we lacked, that and a sensible competent interviewer but those are one in a million. They even made her wait 3.5 extra hours at the embassy after her interview time, never calling her number.

I plan on sending the US Embassy a letter written from my Doctor saying she must come back to the States to continue her OB treatment for the baby. Also, I have an uncle pretty high up in the Turkish government and I'd like to have him write a letter saying why do you treat our citizens like dirt. If things go bad, looks like my baby may be born in Turkey where I don't have medical insurance. These F' heads are hurting my babies future, what if he/she wants to be president. That is why I need to bring her back and maybe go back later once the AP is done. Can this be done? Thanks.

Sooner you submit the missing document ,quicker you will be getting the visa... I would try to obtain the document and sumbit it as soon as possible. Your wife will have another interview, and if everything looks good she will be issued visa. But remember that once they put 221 g in the file, you have to overcome that 221 within 1 year, if you don't react they will revoke your petiton and send it back. Hopefully this won't happen, but be very careful.

I have been there, done that.

Good Luck

They told us not to submit the missing medical exam until our case number shows up on the U.S. Embassy Ankara website. It will show up there after it is through Administrative Processing. The website and consular officer said that you send it through UPS to the embassy, you don't go there in person again... so no second interview. Everything already looked good as they told us "the paperwork looks good" and they did not even want to see the new evidence we brought to the interview. I don't think they can revoke our visa because of time since we are waiting for a CR-1 Visa which does not expire. I think you are confusing this process with something else...

Does anyone have concrete information on if my wife can come back on her K3 visa even though she is in Administrative Processing for a CR1 interview? Thanks.