K-1 without interview

[payxibka 10,047]

If there is a better forum to move this to, i'm all ears...

We need to wait for the OP.... I am thinking it is a misunderstanding by the OP of what was filed... She probably thinks a visa was approved when it is most likely just the petition

[Kathryn41 3,205]

If there is a better forum to move this to, i'm all ears...

We need to wait for the OP.... I am thinking it is a misunderstanding by the OP of what was filed... She probably thinks a visa was approved when it is most likely just the petition

I suspect this is the correct answer - she hasn't received the K-3 or CR-1 yet but the petition was approved and the Visa process will be next.

She was no longer eligible to Adjust Status once she left the US - there is no status in the US from which to adjust when you are outside of the US until there is an approved petition and visa. We will need to see what the OP says when she comes back.

Edited October 22, 2009 by Kathryn41

[Gary and Alla 3,694]

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?

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?

Pay,

I took this as they were married on a B-2, she left and now her husband has filed for AOS in her absence. It appears now the case was transferred and she was approved without an interview while out of the ocuntry, which means she got very lucky, but it is not unusual for AOS to be granted without interviews.

If I took that the wrong way, then I think the OP will correct me. It is a bit hard to dicipher nd the title of the thread is about a K-1 which this is definitely not about a K-1.

[Gary and Alla 3,694]

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?

[Gary and Alla 3,694]

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?

Wait. No way I am the only one in the twilight zone

She has a husband, it is not a K-1, it is not a petition. They were married June 6th of this year.

It is my belief they filed the AOS while she was out of the country and it was approved without an interview. Am I the only one seeing she is MARRIED?

[Gary and Alla 3,694]

If there is a better forum to move this to, i'm all ears...

We need to wait for the OP.... I am thinking it is a misunderstanding by the OP of what was filed... She probably thinks a visa was approved when it is most likely just the petition

I suspect this is the correct answer - she hasn't received the K-3 or CR-1 yet but the petition was approved and the Visa process will be next.

She was no longer eligible to Adjust Status once she left the US - there is no status in the US from which to adjust when you are outside of the US until there is an approved petition and visa. We will need to see what the OP says when she comes back.

I suspect it is not the correct answer. The OP got lucky and received a green card with no status and not even in the country. They have an attorney which means the attorney broke the law (say it isn't so) and advised them to do illegal things. Had she received an interview the attorney probably told them they would fly her back for the interview, one presumes the B2 visa is probably still valid, she breezes through CBP by forgetting to mention she is married, goes to the interview and wings it back home...if needed. It wasn't.

[Gary and Alla 3,694]

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?

So the OP has a B2 visa probably good for 5 years. She enters the US without the intent to marry and adjust status to the guy she has known for four years (yeah, really!) They are married and they "start to adjust status" which means she gets a medical exam and vaccinations. Then, oops, she has to leave! They call ye olde attorney and he says "no problem, just let me make a copy of that I-94 in your passport there before you turn it in when you leave"

She leaves, turns in her I-94 and goes home. Hubby and attorney file the AOS in her absence, they have everything they need to do so. If she gets called for an interview she will return on her valid B2, who knows she got married? It isn't ;ike they branded an "M" on her forehead. "whatever you do honey, DON'T tell them you are married at the POE!" She goes to the interview and flies back home to care for Momma. But she will get a green card for her return trip next time.

But they don't get an interview and they pull it off no questions asked. It was visa fraud from the get go and they got away with it.

That is my take and I think it is the correct answer. AOS is the correct forum...Rsn had it right.

[pushbrk 13,207]

If there is a better forum to move this to, i'm all ears...

We need to wait for the OP.... I am thinking it is a misunderstanding by the OP of what was filed... She probably thinks a visa was approved when it is most likely just the petition

I suspect this is the correct answer - she hasn't received the K-3 or CR-1 yet but the petition was approved and the Visa process will be next.

She was no longer eligible to Adjust Status once she left the US - there is no status in the US from which to adjust when you are outside of the US until there is an approved petition and visa. We will need to see what the OP says when she comes back.

I suspect it is not the correct answer. The OP got lucky and received a green card with no status and not even in the country. They have an attorney which means the attorney broke the law (say it isn't so) and advised them to do illegal things. Had she received an interview the attorney probably told them they would fly her back for the interview, one presumes the B2 visa is probably still valid, she breezes through CBP by forgetting to mention she is married, goes to the interview and wings it back home...if needed. It wasn't.

For any AOS case except K1 visa holders, an I-130 petition is filed. I suspect that's what got approved. The OP is simply confused about the entire matter and the subject line confused many readers.

[rebeccajo 14]

OP states there has been no medical exam.

Sounds like there is an approved petition out there somewhere for something. But no visa.

[payxibka 10,047]

Wait. No way I am the only one in the twilight zone

She has a husband, it is not a K-1, it is not a petition. They were married June 6th of this year.

It is my belief they filed the AOS while she was out of the country and it was approved without an interview. Am I the only one seeing she is MARRIED?

No, Gary you are not... but apparently you did not notice the lack of a medical exam... No medical exam, NO visa or NO AOS... It has to be a petition... it certainly must be the I-130 which is used for a SPOUSE

Edited October 22, 2009 by payxibka

[Minya's wife 25]

There is entirely too much missing information here to give any comprehensive response. OP, please come back and reply to some of the questions posed in this thread. As stated, if you left the country before your Adjustment of Status (AOS) you became ineligible to do so from the US. Your husband would have had to file an I-130 petition for alien spouse. Is that what he filed? Once that is filed, you have two choices....either file an I-129F petition, which once approved results in the issuance of a K-3 Spousal 'non-immigrant' visa, OR to continue w/ just the I-130 and have an IR/CR-1 visa approved. Please read through the Guides here (paying particular attention to the "Guides if you are married" section) to familiarize yourself with the options available to you. Good luck.

[Paula Mauchmar 0]

If there is a better forum to move this to, i'm all ears...

Good place for now. See if the OP returns with more info. I am curious.

Wow, I didn´t know that I would have that many answers...

To be clear, I ONLY started the K-1 process when I got back to Brazil. These are the documents and stuff that we sent (with our lawyer help):

Copy of Marriage Certificate;

2) Passport style photos: 2 of Jon and 2 of Paula (Walgreens in town is a good place to have the photos taken);

3) Jon's Birth Certificate;

4) Paula's Birth Certificate and proper translation. Translation must have attached certification as required by USCIS;

5) Copy of Paula's I-94 Form,

6) Forms G-325A completed 9I will provide you with these when you come for the meeting on Thursday;

7) Sined G-28 Form Power of Attorney. I will have that prepared for when you come on Thursday.

The case has been received and assigned to the California Service Center on august 19th and on october 16th we got a notification that it was aproved.

It´s hard for me to believe that we made it without any interview...

[payxibka 10,047]

Can't be a K-1... K-1's are for fiance(e)'s... if that is what the attorney is selling... time to get a new one

You had a petition approved... this is NOT a visa

[Paula Mauchmar 0]

Can't be a K-1... K-1's are for fiance(e)'s... if that is what the attorney is selling... time to get a new one

You had a petition approved... this is NOT a visa

Sorry I missunderstood everything then, I guess I posted in the wrong forum. Since I´m married (not a fiancee so no k-1). My lawyer is honest, it´s definatly just my missunderstanding. if you guys need any further information let me know. I just want to know if its possible in my case don´t have any interview.

thanks

[Minya's wife 25]

Can't be a K-1... K-1's are for fiance(e)'s... if that is what the attorney is selling... time to get a new one

You had a petition approved... this is NOT a visa

Sorry I missunderstood everything then, I guess I posted in the wrong forum. Since I´m married (not a fiancee so no k-1). My lawyer is honest, it´s definatly just my missunderstanding. if you guys need any further information let me know. I just want to know if its possible in my case don´t have any interview.

thanks

I think maybe you're not understanding. What form did you fill out and submit to USCIS? You will definitely have an interview if you submitted the correct forms. You are out of the US...so you will have a visa interview and the US consulate in the country you reside. If you are found eligible for the visa, which you applied (in your case it will have to be either a Spousal Immigrant or Non-Immigrant visa), you will be issued said visa. So, in order for us to give you proper answers, please let us know what type of petition was filled out and sent.

Wait, you're saying whatever you sent off was approved on October 16th? When exactly did you leave the country?

Edited October 22, 2009 by Minya's wife