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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
6 minutes ago, DakotaKid said:

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.

 

 

 

 

 

Hi. We knew about the PCS months in advance. I wasn’t on his orders before we applied for AOS don’t know if that makes A difference . 

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
22 hours ago, Soup Dragon said:

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!

Hi. We’re in spangdhalem. We were going to get advice from the JAG. 

Posted
5 hours ago, DakotaKid said:

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.

The issue in this case is they appear to have already left the US. As such, AOS is no longer an option (and if filed and left before AP is obtained, it is dead).

Had they filed AOS and planned to leave (on orders), there were options available for expedited processing, emergency AP, etc. before actually leaving the US. But once they left, there is no means/basis to continue AOS.

 

=====

The best option now is likely DCF (under exceptional circumstances) for a CR-1 visa. Failing that, domestic processing of the I-130.

Note that these options both require the petitioner to demonstrate US domicile - the visa is for family reunification in the US...if the plan is to continue to live abroad, there is no need for a green card. So domicile may be an issue if they are stationed abroad.

But yes, seek out the military help line.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
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