Another Day, Another Crisis

[A Mafan]

I just got notice, I'm leaving for a 6-month deployment starting 19 Feb.

Pretty quick, huh?

 

Right now, I'm thinking the best move is to let my wife take the kids back to China. Her English isn't good enough to handle emergencies, and she can't drive yet. Her parents can help out with the kids, the kids get a chance to get fluent in Chinese, they have a chance to build their relationship without me around (which may help resolve some of the resentments). For those who participated in the Our Stories threads, we've had some really good progress in both our relationship, and the relationship between her and my daughter (the source of 90% of the friction between us).

 

But this creates a little problem for us. We still haven't gotten an interview notice for the temp Green Card. What happens if it comes while we're both out of the country (different locations)?

 

I know I can watch for the progress on the USCIS website...

 

I plan on going to the local USCIS office tomorrow and pleading my case for an early interview, or for them delaying any interview until after 20 August (when I should be back, and so will bring her back).

 

Also, I screwed something up:

I thought, all along, that you needed the Green Card to get an SSAN. But the bank wouldn't let her set up an account without an SSAN. There hadn't been any rush, but now I want to get it taken care of. So I went in to the office (thank goodness I didn't waste the time to send it in) and they said I needed to bring her along, but that everything else was in order. So I went back today, and after the 2nd 2-hour wait in 2 days, they said the K-1 I-94 was expired, so they couldn't give her the SSAN based on being my fiancee. I said, "Right! She's my wife!", but even though I also had our marriage license, the lady said that she couldn't give her an SSAN on the basis of marriage without a Green Card. I told her we were in the process of applying for a Green Card, but it had already been 4 months and would probably be another 2-6 before we got the card. She said I could ask USCIS to extend her K-1, and then they'd give her an SSAN...

 

Does that sound right?

 

The 2nd question can probably be answered with giving me a link to the proper information...but I couldn't find anything on my own, yet.

[SirLancelot]

A Mafan,

 

Sorry to hear of your deployment call orders. But I suppose it comes with the territory of being an active member of the armed forces. Best wishes on your tour.

 

Now, I'm sure others will correct me if I'm telling you bad info, but I'm not understanding how she can leave the US to go back to China when she doesn't even have her green card? Just as you're having problems trying to get her SSN#, she's going to have lots of trouble trying to re-enter the US without her Green Card or at least an Advance Parole document. Do she have AP?

 

On the surface, I don't think she'll be able to go back to China--if she wants to return without getting a K-3 visa that is. I could be wrong and I stand corrected if I am.

 

 

 

I just got notice, I'm leaving for a 6-month deployment starting 19 Feb.

Pretty quick, huh?

 

Right now, I'm thinking the best move is to let my wife take the kids back to China. Her English isn't good enough to handle emergencies, and she can't drive yet. Her parents can help out with the kids, the kids get a chance to get fluent in Chinese, they have a chance to build their relationship without me around (which may help resolve some of the resentments). For those who participated in the Our Stories threads, we've had some really good progress in both our relationship, and the relationship between her and my daughter (the source of 90% of the friction between us).

 

But this creates a little problem for us. We still haven't gotten an interview notice for the temp Green Card. What happens if it comes while we're both out of the country (different locations)?

 

I know I can watch for the progress on the USCIS website...

 

I plan on going to the local USCIS office tomorrow and pleading my case for an early interview, or for them delaying any interview until after 20 August (when I should be back, and so will bring her back).

 

Also, I screwed something up:

I thought, all along, that you needed the Green Card to get an SSAN. But the bank wouldn't let her set up an account without an SSAN. There hadn't been any rush, but now I want to get it taken care of. So I went in to the office (thank goodness I didn't waste the time to send it in) and they said I needed to bring her along, but that everything else was in order. So I went back today, and after the 2nd 2-hour wait in 2 days, they said the K-1 I-94 was expired, so they couldn't give her the SSAN based on being my fiancee. I said, "Right! She's my wife!", but even though I also had our marriage license, the lady said that she couldn't give her an SSAN on the basis of marriage without a Green Card. I told her we were in the process of applying for a Green Card, but it had already been 4 months and would probably be another 2-6 before we got the card. She said I could ask USCIS to extend her K-1, and then they'd give her an SSAN...

 

Does that sound right?

 

The 2nd question can probably be answered with giving me a link to the proper information...but I couldn't find anything on my own, yet.

[LeeFisher3]

Sorry to hear about the deployment. You need to move very fast on this since you have less than 30 days and our government agencies move very slow.

 

You need to get to the USCIS with a copy of your deployment orders and all of her paperwork. It is not clear what you filed with your AOS, so I'll assume you didn't file for EAD or AP. For her to leave and return to the US she needs Advanced Parole(AP).

 

To delay the interview and biometrics until after you return the USCIS needs to give you something in writing delaying both of these appointments, you can't just take their word for it or you could easily find a cancellation letter in the mail when you get back after thinking it was all resolved. If they issue a delay you then need emergency AP, complete the paperwork and take it with you along with your checkbook. The reason for AP goes away if they won't delay the case.

 

I haven't heard of the USCIS doing this in the past, but they may have a process to handle this situation.

 

If they can not do that you need to get with your unit and apply to be released from deployment. The hardship is that if you are out of the country you will not be able to attend the USCIS interview and your wife could be deported for your failure to appear at the interview.

 

Now if everyone tell you they can't do anything for you it is time to take the entire family and all your paperwork to your Representatives office. You need to get them on board and get them to either get the USCIS to delay and issue AP or defer your deployment. Anything else is not acceptable.

 

If that fails you need to get your local TV station involved.

 

Your time is extremely short, so you need to make an InfoPass appointment as fast as possible and be prepared to go from the USCIS to your Representatives office immediately depending on the outcome.

 

Move quickly and keep your wits about you and stay calm. Any time you get to a stopping point without getting what you need you need to ask for a supervisor and wait patiently until you get one, people hate having their boss come in to a situation, but your objective is to either get your wife's interview delayed until you return to the US or you not leave the US. The USCIS will not interview her alone for an AOS based on marriage.

 

As for the SSN, forget it, you have missed the window of time that was possible. It had to be done within 70 days of her entering the US. Some banks are aware of a DHS policy that allows them to add a spouse to your accounts without a SSN, one of the officers at Bank of America told me about this.

 

The mention of getting a K-3 visa is not valid, you can not change the visa she has from K-1 to anything other than a green card.

[SirLancelot]

 

The mention of getting a K-3 visa is not valid, you can not change the visa she has from K-1 to anything other than a green card.

 

I mentioned a K-3 because that's probably her only way to get back into the country if she leaves the US without AP. As she's already married, she can't apply for another K1. Her past K1 is a moot point. It's a one-time use visa and it's already been used. She can't use it to get back into the country again, so if she leaves she'll need to apply for new K3 to enter the US. That's why I said unless she wants to apply for a K3. I wasn't suggesting a change of visas. I was saying that a new K3 was needed if she left the country without AP.

[lostinblue]

Is there any help from the military that you can use.My forman is married to a woman from korea and the military lawyers did most of the paperwork for him involving all aspects of the visa process. I do know he was being shipped back to korea and immigration was slow with getting her citizenship papers. They stepped in and in like 24 hours she was before a judge and she was taking her oath. How this would work in your case I do not know,It is worth a shot to inquire.

[Randy W]

I'm guessing a little bit here, but here's what I think:

 

You won't be able to get the

K-1

extended. You

CAN

get an

SSN

with an

EAD

(Employment).

 

The

USCIS

DOES accomodate servicemen. First thing to do is to make an

Infopass

appointment NOW to see what they

can

do for you. I would think they would easily schedule the interview around your deployment - be sure to bring the deployment letter.

 

An Emergency

AP

is possible. Ask at the

Infopass

appointment. Jim_julian got one for a business trip on short notice. They'll certainly give you one.

 

The

K-3

is definitely an option, but only as a last resort if she has to leave without the

AP

. Of course, this means going through the whole process again. Be sure to include your deployment letter as a means of explaining why she had to leave.

[SirLancelot]

I am also of the opinion that the USCIS may indeed quickly get your AoS adjusted, especially when an active military personnel is called up for active duty. I have seen posts on VJ about cases where I-129F were quickly approved for military personnel called up for a tour. That is definitely an option to pursue.

[Guest Duke]

I'm guessing a little bit here, but here's what I think:

 

You won't be able to get the

K-1

extended. You

CAN

get an

SSN

with an

EAD

(Employment).

 

The

USCIS

DOES accomodate servicemen. First thing to do is to make an

Infopass

appointment NOW to see what they

can

do for you. I would think they would easily schedule the interview around your deployment - be sure to bring the deployment letter.

 

An Emergency

AP

is possible. Ask at the

Infopass

appointment. Jim_julian got one for a business trip on short notice. They'll certainly give you one.

 

The

K-3

is definitely an option, but only as a last resort if she has to leave without the

AP

. Of course, this means going through the whole process again. Be sure to include your deployment letter as a means of explaining why she had to leave.

 

Yes, the USCIS accomodates servicemen. You might even get an expedited infopass appointment by calling or simply walk into the nearest USCIC office with your deployment and other papers and ask for expedited service. If needed, your CO might get action more effectively than a member of Congress. At least, a CO could be more accessible.

[A Mafan]

Update, responding to several points at once:

 

I did the Infopass appt (I like Infopass!) and spoke with a customer service rep.

 

I did not realize there was the window on the SSAN. Whoever said that is correct: you can get a SSAN for a fiancee while the K-1 is still current. Afterwards, you have to wait for the Green Card. I hadn't seen that in other discussions of AOS.

 

I did not file for an AP before. Now I can (and need to) request an expidite. I need to include my orders, the rationale for an expidite, and copies of all her receipts from USCIS. And it still takes 4-6 weeks. [sigh]

 

This is all my fault.

 

I don't know why I don't understand government. I do okay in life. I do okay in the military, which is part of the military. But I seem to misunderstand nearly every single thing I've ever read from the government. I hate it.

 

I also thought that I saw that all I needed to do was apply for the AP, it didn't need to be approved before she left. I even asked a USCIS rep on the phone, and he confirmed that she didn't need the AP before she left. But today, during my appt, the rep said that it was true she didn't need the AP in her hands before she left, but she needed the approval. If she left before the approval, she will not be allowed re-entry and will start the whole process all over again from the beginning.

 

How can I be doing so well in the military, and so badly on nearly everything connected with the govt?!?

[Joanne]

I can only wish for the best outcome!

 

As an alternative plan, in case she does not get approval by the time you leave. Would that be difficult to find some friends she and the children can stay with after you are away?

[A Mafan]

I can only wish for the best outcome!

 

As an alternative plan, in case she does not get approval by the time you leave. Would that be difficult to find some friends she and the children can stay with after you are away?

I have a back-up plan. She can stay with my sister in Montana. I also can have my parents fly in to stay with her and take her to the airport when the AP comes in.

So there are choices.

 

If I'd been a little more pro-active, this wouldn't be a problem.

[SirLancelot]

I also thought that I saw that all I needed to do was apply for the AP, it didn't need to be approved before she left. I even asked a USCIS rep on the phone, and he confirmed that she didn't need the AP before she left. But today, during my appt, the rep said that it was true she didn't need the AP in her hands before she left, but she needed the approval. If she left before the approval, she will not be allowed re-entry and will start the whole process all over again from the beginning.

 

I do not believe this person you spoke with today is offering you the correct information. I believe you're right that she does NOT need the AP in hand before departing but it's VERY dangerous to leave the country without a confirmed approval as what happens if she is denied the AP? Then she can't get back into the country. I have heard of people leaving the country after the AP paperwork is filed and having the AP directly sent to their foreign address to get back into the country but the problem is you have no guarantee that the AP will indeed be approved.

 

Good luck with whatever you end up trying.

[A Mafan]

Another update:

My family is either going to go with my (at my own expense), or stay here in Hawaii. Probably the latter.

[A Mafan]

We got her bank account set up without a SSAN by using her passport number and setting up a joint account.

 

Also, we're going to get her driver's license (SSAN required) by having the SSAN office fax a refusal letter.

Is that silly, or what? Still, it works.

 

I figured out why I'm having problems. In the military, you can get a waiver for anything, if you talk to the right people or have a compelling need. Not so with the federal govt's other branches. Incompetence and undermanning kills any chance for responsiveness/sanity.

[LeeFisher3]

While you have many of the issues addressed, the BIG one is still out there, AOS. Perhaps they gave you information on this, but I didn't see any reference to it in your posts.

 

If she is out of the country or away from the address used for AOS, she will not receive the letter for Biometrics or the AOS interview. Missing either of these will get your application canceled and she is told to leave the country or file an appeal. You only have 30 days to file an appeal, no extensions. We have one member who recently filed an appeal because of a USCIS mistake.

 

While she can get assistance getting to the Biometrics appointment, it is not possible for her to complete the AOS interview without your presence. I don't know how the USCIS handles this, but I would guess they do it badly based on their track record.

 

You need to get this issue resolved.

 

Concerning AP, if she leaves the US prior to approval the USCIS CAN cancel your AOS application and mark it as abandoned, I am sure there is an appeal process but like other appeals you have 30 days to file. Now whether they would cancel the application or not can only be found out by her leaving and I wouldn't suggest you risk this.