Petition denied.

[Ischnura 285]

Hey, asking for a friend - she's too beside herself to create an account atm. 

 

 They filed their I-130 back in Germany in September - approved.

 PCS'ed back to the US with the kids, when they got here they were told they couldn't AOS in the US and had to go back to Germany as that's where they started the process.

 Paid $3k for her and the kids to AOS in the US anyhoo. Their petition & documents were signed for on arrival in February then they heard nothing until today and it was a flat out denial for not sending the documents with the petition. No RFIE, nothing. 

 

 Do they have any options at this point?

 

 

[geowrian 22,337]

Motion to Reconsider / Motion to Reopen (MTR), although they need to show that they provided the necessary documents.

Option 2 is to refile from scratch.

 

So they all lived abroad then came to the US mid-process? Why didn't they complete the process abroad?

[Ischnura 285]

They were stationed in Germany. Husband is Airforce. Their I-130 was approved just before they received orders to PCS back to Ohio. 

 

 Thanks for the advice, I'll let her know. She'll be relieved there's at least something they can do.

[geowrian 22,337]

1 minute ago, Ischnura said:

They were stationed in Germany. Husband is Airforce. Their I-130 was approved just before they received orders to PCS back to Ohio. 

 

 Thanks for the advice, I'll let her know. She'll be relieved there's at least something they can do.

Gotcha. Kinda sounds like they planned to come to the US and stay, which is a big no no on most non-immigrant visas. Although that's in the past now and not the cause for the denial.

[SalishSea 17,503]

Aren't the kids USCs?  

 

I don't understand why she came here before she had the actual visa?

[Going through 5,669]

1 hour ago, Ischnura said:

Their petition & documents were signed for on arrival in February then they heard nothing until today and it was a flat out denial for not sending the documents with the petition.

What documents were missing from the original petition?  What documents did you actually send?

 

 

[little immigrant 800]

1 hour ago, Ischnura said:

Hey, asking for a friend - she's too beside herself to create an account atm. 

 

 They filed their I-130 back in Germany in September - approved.

 PCS'ed back to the US with the kids, when they got here they were told they couldn't AOS in the US and had to go back to Germany as that's where they started the process.

 Paid $3k for her and the kids to AOS in the US anyhoo. Their petition & documents were signed for on arrival in February then they heard nothing until today and it was a flat out denial for not sending the documents with the petition. No RFIE, nothing. 

 

 Do they have any options at this point?

 

 

What does PCS mean? 

 

Why did they go back to Ohio when the process in Germany wasn't finished? 

 

Why did they pay $3k in an attempt to AOS which they couldn't do anyway? Who did they pay it to? A lawyer? 

[Ischnura 285]

28 minutes ago, Going through said:

What documents were missing from the original petition?  What documents did you actually send?

 

 

She said everything - birth certificates, hubby's decree absolute, their marriage certificate. They sent those in Feb, they were signed for, but USCIS say they don't have them. 

[Ischnura 285]

11 minutes ago, little immigrant said:

What does PCS mean? 

 

Why did they go back to Ohio when the process in Germany wasn't finished? 

 

Why did they pay $3k in an attempt to AOS which they couldn't do anyway? Who did they pay it to? A lawyer? 

PCS - permanent change of station. They were sent on orders back to the US. Couldn't stay in Germany. 

 No idea on the last part. 

[Ischnura 285]

1 hour ago, Jorgedig said:

Aren't the kids USCs?  

 

I don't understand why she came here before she had the actual visa?

Only 1 is.  

Airforce gave orders, they had no choice. 

[little immigrant 800]

I assume the immigrant was a German citizen? How did she not have a choice? 

 

I immigrated from Germany and my then husband lived in Florida. Well we were separated but it was doable. I don't understand how the beneficiary had no choice? 

[SalishSea 17,503]

8 minutes ago, Ischnura said:

Airforce gave orders, they had no choice. 

Doesn't mean they are exempt from following the rules.  Why couldn't they remain in Germany to complete their visa processes?

[Ischnura 285]

26 minutes ago, little immigrant said:

I assume the immigrant was a German citizen? How did she not have a choice? 

 

I immigrated from Germany and my then husband lived in Florida. Well we were separated but it was doable. I don't understand how the beneficiary had no choice? 

She's from England, they were stationed in Germany - on post housing - for 8ish years. I presume since they were all on his orders they all had to go - correct me if I'm wrong, my own husband and I weren't married during his military career. 

[Ischnura 285]

26 minutes ago, Jorgedig said:

Doesn't mean they are exempt from following the rules.  Why couldn't they remain in Germany to complete their visa processes?

Never implied they were. He had no choice but to go, no idea what the military says about dependents on orders. They also weren't told they had to do everything in Germany. 

Edited July 2, 2019 by Ischnura

[SalishSea 17,503]

16 minutes ago, Ischnura said:

Never implied they were. He had no choice but to go, no idea what the military says about dependents on orders. They also weren't told they had to do everything in Germany. 

Visas are only interviewed for and given overseas, not stateside.  I don't believe there are exceptions made for military dependents.  What is her current status in the US?