AOS denied

[JoandRyan 6]

2 minutes ago, Boiler said:

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.

So that would get Me in even though I left the states without adhering to the K1 rules 

[Boiler 46,058]

Just now, JoandRyan said:

So that would get Me in even though I left the states without adhering to the K1 rules 

As far as I can see you did, married within 90 days, filed to adjust within 90 days but then had to leave and abandoned that process. 

3 minutes ago, aliskay2003 said:

I heard in Germany there is not more DCP.

DCF

 

Not for anybody who wants to use it, exceptional cases are still permitted.

[JoandRyan 6]

4 minutes ago, Boiler said:

As far as I can see you did, married within 90 days, filed to adjust within 90 days but then had to leave and abandoned that process. 

DCF

 

Not for anybody who wants to use it, exceptional cases are still permitted.

Yes you’re right. I got the K-1 in June/July. Married in August. Applied for AOS in August. It was out of my hands that we left the United States we had no choice. I just wondered if that would go against me when doing the  VWP

[Boiler 46,058]

Well it should not, I really do not want to be certain about such things, I doubt it will be a problem.

[JoandRyan 6]

1 minute ago, Boiler said:

Well it should not, I really do not want to be certain about such things, I doubt it will be a problem.

It’s Worth a try. Thanks!

[African Zealot 1,456]

1 hour 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 

I like your positive attitude and finding some humor in an unfortunate situation. Such a mentality usually wins out in the end.

 

It looks like CR1 is the way to go now. Make sure you bookmark VJ and read some of the stories here. Will help you the more egregious avoidable errors like this.

 

I don’t know if it’s worth it paying an attorney to fight this considering the probability of success particularly since it appears you can still use ESTA to come and go in the meantime.

 

Good luck, keep positive, and stay safe in Germany!

Edited March 12, 2020 by Ray.Bonaquist

[DELETEME1234 208]

If there's a USCIS liaison on base it might be worth your while to talk to them or call their special military line at 877-CIS-4MIL. Chances are low that anything can be done, but nothing ventured, nothing gained. 

[Dashinka 24,771]

6 hours ago, aliskay2003 said:

I heard in Germany there is not more DCP.

Consulates will generally handle cases for the military.

[Ella84 50]

11 hours ago, JoandRyan said:

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.

Direct counselor filling ,

What counts as an “exceptional circumstance”?

A qualifying “exceptional circumstance” includes any of the following:

• A medical emergency, affecting either the sponsoring spouse or the spouse seeking a green card and requiring urgent travel. This might include a pregnancy where the expectant mother will soon be unable to fly.
• A military deployment, but only if the military service member received far less notice than normal.
• A change in employment, but only for a sponsoring spouse who is a U.S. citizen living abroad and whose work or job offer requires them to relocate to the United States on short notice.
• A threat to personal safety, if either the sponsoring spouse or the spouse seeking a green card has credible fears about their security.

 

[JoandRyan 6]

53 minutes ago, Ella84 said:

Direct counselor filling ,

What counts as an “exceptional circumstance”?

A qualifying “exceptional circumstance” includes any of the following:

• A medical emergency, affecting either the sponsoring spouse or the spouse seeking a green card and requiring urgent travel. This might include a pregnancy where the expectant mother will soon be unable to fly.
• A military deployment, but only if the military service member received far less notice than normal.
• A change in employment, but only for a sponsoring spouse who is a U.S. citizen living abroad and whose work or job offer requires them to relocate to the United States on short notice.
• A threat to personal safety, if either the sponsoring spouse or the spouse seeking a green card has credible fears about their security.

 

Hi. None of those apply to us. This is not a deployment it’s a permanent duty station 

[DakotaKid 38]

16 hours ago, 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!

In the 80's, when I was in the USAF, military bases were considered US soil.  Has that changed?  If it hasn't and you are living in on base housing, you should be able to adjust status.  I would contact the on base legal department.

[JoandRyan 6]

1 minute ago, DakotaKid said:

In the 80's, when I was in the USAF, military bases were considered US soil.  Has that changed?  If it hasn't and you are living in on base housing, you should be able to adjust status.  I would contact the on base legal department.

I believe it is classed as American soil still. We live off base. Even using his APO military adress they said it doesn’t count 

[Soup Dragon 104]

4 hours ago, JoandRyan said:

I believe it is classed as American soil still. We live off base. Even using his APO military adress they said it doesn’t count 

I would definitely query this.  I spent five years living in Germany on military and then government orders (living off base the whole time) and I did my and ROC (removal of conditions) while living there using our APO and it was all fine.  They did not query at all that I was living 'outside' of the US and that the APO didn't count.    I also got my CR1 through DCF at Frankfurt and it was fine with the APO.  

 

I don't know where you are stationed (I was in Wiesbaden) but sometimes the bases have people from the consulate at Frankfurt visit to answer any immigration questions.  Keep an eye out and go and see them.

 

Good luck!

[geowrian 22,338]

My understanding is that military bases are NOT considered US soil by USCIS.

https://military.findlaw.com/family-employment-housing/military-children-born-abroad.html

SCOTUS ruling: https://www.justice.gov/sites/default/files/osg/briefs/2016/06/01/15-889_thomas_v._lynch_opp.pdf

From the FAM:

Quote

Birth on U.S. Military Base Outside of the United States or Birth on U.S. Embassy or Consulate Premises Abroad:

(1) Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities abroad are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not born in the United States and does not acquire U.S. citizenship by reason of birth.

(2) The status of diplomatic and consular premises arises from the rules of law relating to immunity from the prescriptive and enforcement jurisdiction of the receiving State; the premises are not part of the territory of the United States of America. (See Restatement (Third) of Foreign Relations Law, Vol. 1, Sec. 466, Comment a and c (1987). See also, Persinger v. Iran, 729 F.2d 835 (D.C. Cir. 1984).

 

Note that the specifics of the benefit being considered are relevant. Like for physical presence purposes, maintaining US residency, etc., it should be fine. But birth on a base alone would not be considered being born in the US - you would still need to meet CRBA requirements to transmit citizenship to the child.

As it pertains to AOS, you need to be physically within the US. A military base would not meet this requirement.

Edited March 13, 2020 by geowrian

[DakotaKid 38]

https://www.uscis.gov/military/deployments-and-moving

 

Deployments and Moving

We understand that deployments are a part of military service. If you are submitting an application or petition to USCIS, and are scheduled to deploy in the near future, write in bold letters, “I have an upcoming deployment” on the first page of the application/petition, or on a cover sheet attached to your application. If you have already submitted your application and need to notify us of an upcoming deployment, contact the USCIS Military Help Line at 877-CIS-4MIL (877-247-4645, TTY 800-877-8339) as soon as possible.

 

You may have recourse.  Did the PCS orders come after you initially filed for AOS?  I can't imagine that the USCIS would use getting PCS orders to deny an application.  It's not like they can be refused. In my view, it would be quite egregious to expect a spouse to find somewhere to live with no means of support while the petitioner is stationed outside of the CONUS. 

 

In addition to calling the military help line, I would write to your Senator and ask for help.

 

 

 

 

 

Edited March 14, 2020 by DakotaKid
spelling error