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JoandRyan Rookie

JoandRyan   6

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Filed: K-1 Visa Country: United Kingdom
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Hi. So me and my husband got married August 2019 in the United States on the K-1 Visa. I instantly applied for AOS while still in the states. two weeks later he had orders to Germany So we left.( he’s in the United States Air Force) On the application we put his APO address for Germany and now we’ve been denied because we are stationed overseas. We had no idea that you couldn’t do this and now we want to know what our options are.

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Zach2015
Zach2015

Wow, no one told you that you couldn’t leave the US without your green card or AP card? I think you now have to start from the beginning with a CR1 visa. I’m not sure if there is any other way. Good l

Boiler
Boiler

I would assume that leaving would abandonment, if Military Orders make a difference I have not ever seen this mentioned or come across such a case.   It certainly would be a good reason to e

Boiler
Boiler

DCF , basically a quick option, would be possible by the sounds of it, but with that time line you do not need it.   I think the best bet would be to wait a year, review the situation and of

Zach2015 Enthusiast

Zach2015   211

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted

Wow, no one told you that you couldn’t leave the US without your green card or AP card? I think you now have to start from the beginning with a CR1 visa. I’m not sure if there is any other way. Good luck!

JoandRyan Rookie

JoandRyan   6

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Filed: K-1 Visa Country: United Kingdom
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Just now, Zach2015 said:

Wow, no one told you that you couldn’t leave the US without your green card or AP card? I think you now have to start from the beginning with a CR1 visa. I’m not sure if there is any other way. Good luck!

When I went for my K-1 Visa Interview I explained the situation and they said apply for it when you get to Germany. And now this  is the situation we’re in and $1500 down lol 

Letspaintcookies Experienced

Letspaintcookies   2,310

Posted
Filed: Citizen (apr) Country: Germany
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Posted
1 minute ago, JoandRyan said:

When I went for my K-1 Visa Interview I explained the situation and they said apply for it when you get to Germany. And now this  is the situation we’re in and $1500 down lol 

Are you on his orders? If so you should be good. Might get the help from an immigration laywer to appeal the decision. If not then yes, the decision is right because you left without AP.

JoandRyan Rookie

JoandRyan   6

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Filed: K-1 Visa Country: United Kingdom
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2 minutes ago, Letspaintcookies said:

Are you on his orders? If so you should be good. Might get the help from an immigration laywer to appeal the decision. If not then yes, the decision is right because you left without AP.

I am on his orders. I heard that in this situation you’re supposed to just stay behind in the states and try and expedite the AOS So I don’t think appealing would work. Especially since we knew we heading to Germany months in advance 

Boiler Grand Master

Boiler   46,059

Posted
Filed: K-1 Visa Country: Wales
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Posted

I would assume that leaving would abandonment, if Military Orders make a difference I have not ever seen this mentioned or come across such a case.

 

It certainly would be a good reason to expedite AP but that time has passed.

 

How long will you be in Germany? Seems more a CR1 situation, or maybe IR1 if you will be there for some time.

 

 

“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.”

JoandRyan Rookie

JoandRyan   6

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted
Just now, Boiler said:

I would assume that leaving would abandonment, if Military Orders make a difference I have not ever seen this mentioned or come across such a case.

 

It certainly would be a good reason to expedite AP but that time has passed.

 

How long will you be in Germany? Seems more a CR1 situation, or maybe IR1 if you will be there for some time.

 

 

We have atleast 2 years here. 

Boiler Grand Master

Boiler   46,059

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
Just now, JoandRyan said:

We have at least 2 years here. 

DCF , basically a quick option, would be possible by the sounds of it, but with that time line you do not need it.

 

I think the best bet would be to wait a year, review the situation and of it seems likely you will be moving back in a year or so file the I 130, you get an Immigrant Visa, enter and become a LPR and assuming 2 years has passed since your marriage a 10 year one. If his deployment becomes extended you could still go and activate your GC. 

 

I think that is the way I would do it, also be aware of expedited Naturalisation of that is something you want.

“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.”

JoandRyan Rookie

JoandRyan   6

Posted
Filed: K-1 Visa Country: United Kingdom
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Posted

Thanks all it sounds like I have to do the i130. 
So what happens if An emergency happens back in the states. Like a death. Is there anything I could do to get over there quickly? My father in law is 90 and you never know what may happen. I would hate for my husband to have to travel by himself in that sort of situation

Boiler Grand Master

Boiler   46,059

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Use the VWP, I assume you are eligible. We are talking about visiting.

“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.”

Boiler Grand Master

Boiler   46,059

Posted
Filed: K-1 Visa Country: Wales
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Posted

No problem.

 

VWP = Visa Waiver Programme you show UK as your Country and most people travel to the US from the UK using the VWP, good for 90 days. You need ESTA pre authorisation. I have not looked through your past posts and assumed you would have visited using this.

“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.”

JoandRyan Rookie

JoandRyan   6

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted
1 minute ago, Boiler said:

No problem.

 

VWP = Visa Waiver Programme you show UK as your Country and most people travel to the US from the UK using the VWP, good for 90 days. You need ESTA pre authorisation. I have not looked through your past posts and assumed you would have visited using this.

Hi yes I have gone over there with an esta before 

Boiler Grand Master

Boiler   46,059

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted (edited)
1 minute ago, JoandRyan said:

Hi yes I have gone over there with an esta before 

Great, ESTA is good for 2 years, if yours is not current then no harm in getting  another one now, I would not expect an issue but then you will have some certainty.

Edited by Boiler

“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.”

 
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