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Paula Mauchmar

K-1 without interview

By Paula Mauchmar in Adjustment of Status from Work, Student, & Tourist Visas

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Paula Mauchmar Newbie

Paula Mauchmar   0

Posted
Filed: AOS (pnd) Country: Brazil
 Timeline
Posted

Hello everybody.

Me and my husband dated for about 4 years and half by distance (visiting each other every 4-6 months, I´m from Brazil and he is from United States), after that (june 6th 2009) we got married in US (I was in the B2 visa). Before we start my change of status I had to go back to Brazil because of a family problem. So we start the case with me in Brazil. We have a lawyer and everything. So we started it on agost 19th, and on october 16th they said it was aproved... but the weird thing is: they skip the fisical exams and interview.... Does that usually happens? Is there something wrong? :help::huh:

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Gary and Alla Grand Master

Gary and Alla   3,694

Posted
Filed: Citizen (apr) Country: Ukraine
 Timeline
Posted
Hello everybody.

Me and my husband dated for about 4 years and half by distance (visiting each other every 4-6 months, I´m from Brazil and he is from United States), after that (june 6th 2009) we got married in US (I was in the B2 visa). Before we start my change of status I had to go back to Brazil because of a family problem. So we start the case with me in Brazil. We have a lawyer and everything. So we started it on agost 19th, and on october 16th they said it was aproved... but the weird thing is: they skip the fisical exams and interview.... Does that usually happens? Is there something wrong? :help::huh:

I think you mean the AOS? Yes, quite often they are granted without interview (you did submit an I-864 with the AOS application) so it is not unusual

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
Hello everybody.

Me and my husband dated for about 4 years and half by distance (visiting each other every 4-6 months, I´m from Brazil and he is from United States), after that (june 6th 2009) we got married in US (I was in the B2 visa). Before we start my change of status I had to go back to Brazil because of a family problem. So we start the case with me in Brazil. We have a lawyer and everything. So we started it on agost 19th, and on october 16th they said it was aproved... but the weird thing is: they skip the fisical exams and interview.... Does that usually happens? Is there something wrong? :help::huh:

I think you mean the AOS? Yes, quite often they are granted without interview (you did submit an I-864 with the AOS application) so it is not unusual

Gary,

She said she was in the USA on a B-2 and left before AOS.... Started something while she was in Brazil....

OP...

What forms were filed? by whom and where?

YMMV

rsn Experienced

rsn   135

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted

Like Gary says, getting your AOS approved w/out an interview is not unusual. It happened to my wife as well.

Moving from K1 process & procedures to adjusting from a tourist visa.

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

rsn Experienced

rsn   135

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted
Hello everybody.

Me and my husband dated for about 4 years and half by distance (visiting each other every 4-6 months, I´m from Brazil and he is from United States), after that (june 6th 2009) we got married in US (I was in the B2 visa). Before we start my change of status I had to go back to Brazil because of a family problem. So we start the case with me in Brazil. We have a lawyer and everything. So we started it on agost 19th, and on october 16th they said it was aproved... but the weird thing is: they skip the fisical exams and interview.... Does that usually happens? Is there something wrong? :help::huh:

I think you mean the AOS? Yes, quite often they are granted without interview (you did submit an I-864 with the AOS application) so it is not unusual

Gary,

She said she was in the USA on a B-2 and left before AOS.... Started something while she was in Brazil....

OP...

What forms were filed? by whom and where?

Good catch. Yes, if you left the country before you received your AP (I-131 approved) you have a serious problem. Please let us know the details of your submission. Did you in fact leave the country w/out an AP?

A little quick on the move...

You cannot AOS if you have no status to adjust.... something is missing in the info from the OP....

The OP said he/she came here on a B2 visa and then attempted to adjust while outside the country. Not a K1 issue, hence the move.

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
Hello everybody.

Me and my husband dated for about 4 years and half by distance (visiting each other every 4-6 months, I´m from Brazil and he is from United States), after that (june 6th 2009) we got married in US (I was in the B2 visa). Before we start my change of status I had to go back to Brazil because of a family problem. So we start the case with me in Brazil. We have a lawyer and everything. So we started it on agost 19th, and on october 16th they said it was aproved... but the weird thing is: they skip the fisical exams and interview.... Does that usually happens? Is there something wrong? :help::huh:

I think you mean the AOS? Yes, quite often they are granted without interview (you did submit an I-864 with the AOS application) so it is not unusual

Gary,

She said she was in the USA on a B-2 and left before AOS.... Started something while she was in Brazil....

OP...

What forms were filed? by whom and where?

Good catch. Yes, if you left the country before you received your AP (I-131 approved) you have a serious problem. Please let us know the details of your submission. Did you in fact leave the country w/out an AP?

No AOS filed... no possibility of AP.....

YMMV

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
Hello everybody.

Me and my husband dated for about 4 years and half by distance (visiting each other every 4-6 months, I´m from Brazil and he is from United States), after that (june 6th 2009) we got married in US (I was in the B2 visa). Before we start my change of status I had to go back to Brazil because of a family problem. So we start the case with me in Brazil. We have a lawyer and everything. So we started it on agost 19th, and on october 16th they said it was aproved... but the weird thing is: they skip the fisical exams and interview.... Does that usually happens? Is there something wrong? :help::huh:

I think you mean the AOS? Yes, quite often they are granted without interview (you did submit an I-864 with the AOS application) so it is not unusual

Gary,

She said she was in the USA on a B-2 and left before AOS.... Started something while she was in Brazil....

OP...

What forms were filed? by whom and where?

Good catch. Yes, if you left the country before you received your AP (I-131 approved) you have a serious problem. Please let us know the details of your submission. Did you in fact leave the country w/out an AP?

A little quick on the move...

You cannot AOS if you have no status to adjust.... something is missing in the info from the OP....

The OP said he/she came here on a B2 visa and then attempted to adjust while outside the country. Not a K1 issue, hence the move.

NOT an AOS issue either... You CANNOT attempt AOS if you have NO status to adjust from...this is maybe an IR1 or K-3.... because it is possible that all that has happened is a petition was filed and approved (I-130) and the OP does not understand

Edited by payxibka

YMMV

rsn Experienced

rsn   135

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted (edited)
Hello everybody.

Me and my husband dated for about 4 years and half by distance (visiting each other every 4-6 months, I´m from Brazil and he is from United States), after that (june 6th 2009) we got married in US (I was in the B2 visa). Before we start my change of status I had to go back to Brazil because of a family problem. So we start the case with me in Brazil. We have a lawyer and everything. So we started it on agost 19th, and on october 16th they said it was aproved... but the weird thing is: they skip the fisical exams and interview.... Does that usually happens? Is there something wrong? :help::huh:

I think you mean the AOS? Yes, quite often they are granted without interview (you did submit an I-864 with the AOS application) so it is not unusual

Gary,

She said she was in the USA on a B-2 and left before AOS.... Started something while she was in Brazil....

OP...

What forms were filed? by whom and where?

Good catch. Yes, if you left the country before you received your AP (I-131 approved) you have a serious problem. Please let us know the details of your submission. Did you in fact leave the country w/out an AP?

A little quick on the move...

You cannot AOS if you have no status to adjust.... something is missing in the info from the OP....

The OP said he/she came here on a B2 visa and then attempted to adjust while outside the country. Not a K1 issue, hence the move.

NOT an AOS issue either... You CANNOT attempt AOS if you have NO status to adjust from...this is maybe an IR1 or K-3.... because it is possible that all that has happened is a petition was filed and approved (I-130) and the OP does not understand

The OP said that they married in the US filed "change of status" after that. Then OP said that they filed in August and it was approved in October (2 months later). Are you still suggesting that this is not an AOS issue?

Edited by rsn

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
The OP said that they married in the US and "adjusted status" after that. Then OP said that they filed in August and it was approved in October (2 months later). Are you still suggesting that this is not an AOS issue?

The moment she left the USA she immediately gave up any status she had... if you have no status you cannot adjust status... a status adjustment is impossible from outside the USA....

Edited by payxibka

YMMV

rsn Experienced

rsn   135

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted
The OP said that they married in the US and "adjusted status" after that. Then OP said that they filed in August and it was approved in October (2 months later). Are you still suggesting that this is not an AOS issue?

The moment she left the USA she immediately gave up any status she had... if you have no status you cannot adjust status... a status adjustment is impossible from outside the USA....

I'm not saying it isn't strange or that the OP successfully adjusted status and can now return to the country, I'm just pointing out all the facts we have based on the initial post.

K1: 01/15/2009 (mailed I-129F) - 06/23/2009 (visa received)

AOS: 08/08/2009 (mailed I-485, I-765, & I-131) - 10/29/2009 (received GC)

I AM NOT THAT GUY Grand Master

I AM NOT THAT GUY   5,715

Posted
Filed: Timeline
Posted

B2 married, then left (emergency leave?) before filiing for AOS, then "we" (Spouse?) contacted a lawyer, and got everything approved. No biometrics or physical exam? Not likely, but then, what do I know? Sounds like some things were done in abscentia, not unheard of, especially with work visas.

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
The OP said that they married in the US and "adjusted status" after that. Then OP said that they filed in August and it was approved in October (2 months later). Are you still suggesting that this is not an AOS issue?

The moment she left the USA she immediately gave up any status she had... if you have no status you cannot adjust status... a status adjustment is impossible from outside the USA....

I'm not saying it isn't strange or that the OP successfully adjusted status and can now return to the country, I'm just pointing out all the facts we have based on the initial post.

Strange? Impossible...

YMMV

 
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