kjdrga

Tragically at midnight on Sunday night my fiancé and I (USC) received a phone call that his mother of 42 had died of a sudden heart attack in his village in the Dominican Republic. Like many cultures throughout the world it is extremely important that family be together. During the hours that followed and the wailing and crying that followed he was determined to see her before they were to bury her the next day.

With the support of my family we stayed up all night figuring out what to do, he had entered into the U.S. on a K1 visa, he would not be allowed back in if he were to leave. Desperately we tried calling all the INS numbers in the phone book, they have no emergency 24 hour number.

My father being a retired State Department employee called the Emergency desk officer at the State Department because we knew we would get a live person. He advised us to be at the INS Washington Office (which is actually in Arlington, VA) as soon as they opened and see if they could write a letter to the US consulate to have them reissue a K1 visa so he may return for the Nov. 8th wedding.

These are the events that took place:

We arrived at the INS office at 6:30 in the morning and were 50 people ahead of us. The office does not open until 7:30. I brought all copies and originals of EVERYTHING, the I129f packet I sent in, all correspondence from INS, everything and anything I could think of, my passport, my checkbook.

Around 7ish an immigration officer passes through the line checking ID and people paperwork, we explained our situation to him and he looked at us and said “I doubt it will work, but here go to room 201� (which is the information room) Hey we at least got ourselves into the door.

Once in 201 you must wait in a line for a number, but in order to receive that number you must speak with an immigration officer about why you are there. As we were called over to the immigration officer, it turned out to be the same officer from outside in the line. He remembered us and turned to his colleague/supervisor and said “these were the people I was talking about� In all there are 4 officers there, two that interview people and two that observe and oversee the officer (I would say that are profilers, they read peoples body language etc.) The female officer took my fiancé’s passport and I-94 and explained that she wasn’t sure if there was anything they could do, that the State Department had sort of mis informed us.

We were asked to take a seat. We waited. We cried. About 20 minutes later she came back and gave us a pass to go upstairs to see the boss so that he could explain the situation better to us.

We went up to 311 (were adjustment interview take place, etc.) We deposited our pass into a slip box and waited. The boss called us back into his office. He began to explain the complexity about the situation and started was talking sternly. But after about 2 or 3 minutes he just melted and became very sympathetic seeing our situation and culturally how important it is that my fiancé be in his country with his family. He said that unfortunately with a K1 single entry visa (a 2 entry visa does exist he explained, but he was not issued that) he would not be allowed back in.

He gave us three options: 1) He leaves and goes to the consulate in Santo Domingo and explains the situation and perhaps they are sympathetic and reissue another visa to him. (Those of you dealing with High fraud countries know rarely are anyone sympathetic in those consulates.) He stated that INS approved the I-129f petition once and that should be enough for them to reissue the visa, but that a letter from INS/DC would not help because they are under Dept of Justice and consulates are under Dept of State and they have the ultimate decision.

Option 2: We go down to the courthouse and get married and file AOS and AP and he said that if we could get him the paperwork by 3pm he could have an AP by that afternoon or early the next morning. It was 10:30 am.

Option 3: He doesn’t leave and we carry on with our plans. – That was not an option to us.

To say the least my fiancé was determined to be there by the burial, and he was at times being very irrational. It took many times of explaining over and over that if he left without permission he could not come back! Finally around noon we decided that best thing would be to get married. After getting lost in Arlington and finding out the courthouse in not down the road we hopped in a taxi, met my parents at the courthouse, paid 30 bucks for the license and were directed to a magistrate, exchange vows and 30 more bucks with had our marriage certificate! It was a bittersweet moment, everyone crying, knowing that his mother wanted us to be together and she wasn’t here to share in the joy.

Back to INS, filled out the forms, look fotos at the deli next door, up to the 3rd floor again and we waited. The boss was in a meeting. After about an hour he gather only the biographical forms for both of us, the AOS application, and said to start filing out the check he had to check on the price of the forms. $415.00. Then a nice woman came out and took the AP form and asked if we wanted to submit the EAD form as well, she stated it would be quicker then sending in the mail. $120.00 later. In about an half hour she returned and explained to him the process of using AP and also gave us our packet of info about the up and coming Adjust appointment. Timeline as follows:

EAD card available to pick up: 10/16/02
Fingerprint interview date: 02/2003
Green card interview date: 05/2003

I am allowed to turn in the Affidavit of Support at the EAD card pick up. They did mention that because his file had been there it help expedite and allow for such consideration.

She also stated that she and the INS Staff were very sorry about his mother’s passing and understood the circumstances. She said that we were very luck to have received such exemplary service from them and that INS had gone above and beyond their normal processes due to his situation. She said we were very lucky. I say it was a miracle sent from heaven by Maria. My husband has left on the first available flight to Santo Domingo where he will pass the nine days of mourning and begin a new life as husband and brother to his 4 other siblings. He was able to make the burial due to the time consuming process of getting the AP.

I can only say that persistence and patience are a virtue in life. Ever step we passed working our way up the INS ladder in the office paid off, yes there were tears and many times fear of being rejected but not once did any of us become inpatient with the INS officer knowing full well they were working on our behalf. I’m sorry this has been so long, 48 hours without sleep and little food can take its toll. The boss told us that no amount of preparation could have prepared us for such an event.

Andy Platt

I'm glad you got this result. I can honestly say that all of the people I've
met in Arlington INS have been very concerned about doing the right thing -
I can't say there aren't any bad apples, but they do seem to try and help
when it's needed.

BTW, I agree with their assessment of the state department's advice. It
would be totally up to the consulate and you picked the best route at this
difficult time.

Andy.

--
I'm not really here - it's just your warped imagination.
"kjdrga" wrote in message
news:436881.1034078390@britishexpats-
.com...
    > Tragically at midnight on Sunday night my fiancé and I (USC) received a
    > phone call that his mother of 42 had died of a sudden heart attack in
    > his village in the Dominican Republic. Like many cultures throughout
    > the world it is extremely important that family be together. During the
    > hours that followed and the wailing and crying that followed he was
    > determined to see her before they were to bury her the next day.
    > With the support of my family we stayed up all night figuring out
    > what to do, he had entered into the U.S. on a K1 visa, he would not
    > be allowed back in if he were to leave. Desperately we tried
    > calling all the INS numbers in the phone book, they have no
    > emergency 24 hour number.
    > My father being a retired State Department employee called the Emergency
    > desk officer at the State Department because we knew we would get a live
    > person. He advised us to be at the INS Washington Office (which is
    > actually in Arlington, VA) as soon as they opened and see if they could
    > write a letter to the US consulate to have them reissue a K1 visa so he
    > may return for the Nov. 8th wedding.
    > These are the events that took place:
    > We arrived at the INS office at 6:30 in the morning and were 50 people
    > ahead of us. The office does not open until 7:30. I brought all
    > copies and originals of EVERYTHING, the I129f packet I sent in, all
    > correspondence from INS, everything and anything I could think of, my
    > passport, my checkbook.
    > Around 7ish an immigration officer passes through the line checking ID
    > and people paperwork, we explained our situation to him and he looked at
    > us and said “I doubt it will work, but here go to room 201â€? (which is
    > the information room) Hey we at least got ourselves into the door.
    > Once in 201 you must wait in a line for a number, but in order to
    > receive that number you must speak with an immigration officer about why
    > you are there. As we were called over to the immigration officer, it
    > turned out to be the same officer from outside in the line. He
    > remembered us and turned to his colleague/supervisor and said “these
    > were the people I was talking aboutâ€? In all there are 4 officers there,
    > two that interview people and two that observe and oversee the officer
    > (I would say that are profilers, they read peoples body language etc.)
    > The female officer took my fiancé’s passport and I-94 and explained that
    > she wasn’t sure if there was anything they could do, that the State
    > Department had sort of mis informed us.
    > We were asked to take a seat. We waited. We cried. About 20 minutes
    > later she came back and gave us a pass to go upstairs to see the boss so
    > that he could explain the situation better to us.
    > We went up to 311 (were adjustment interview take place, etc.) We
    > deposited our pass into a slip box and waited. The boss called us back
    > into his office. He began to explain the complexity about the situation
    > and started was talking sternly. But after about 2 or 3 minutes he just
    > melted and became very sympathetic seeing our situation and culturally
    > how important it is that my fiancé be in his country with his family.
    > He said that unfortunately with a K1 single entry visa (a 2 entry visa
    > does exist he explained, but he was not issued that) he would not be
    > allowed back in.
    > He gave us three options: 1) He leaves and goes to the consulate in
    > Santo Domingo and explains the situation and perhaps they are
    > sympathetic and reissue another visa to him. (Those of you dealing with
    > High fraud countries know rarely are anyone sympathetic in those
    > consulates.) He stated that INS approved the I-129f petition once and
    > that should be enough for them to reissue the visa, but that a letter
    > from INS/DC would not help because they are under Dept of Justice and
    > consulates are under Dept of State and they have the ultimate decision.
    > Option 2: We go down to the courthouse and get married and file AOS
    > and AP and he said that if we could get him the paperwork by 3pm he
    > could have an AP by that afternoon or early the next morning. It
    > was 10:30 am.
    > Option 3: He doesn’t leave and we carry on with our plans. – That was
    > not an option to us.
    > To say the least my fiancé was determined to be there by the burial, and
    > he was at times being very irrational. It took many times of explaining
    > over and over that if he left without permission he could not come back!
    > Finally around noon we decided that best thing would be to get married.
    > After getting lost in Arlington and finding out the courthouse in not
    > down the road we hopped in a taxi, met my parents at the courthouse,
    > paid 30 bucks for the license and were directed to a magistrate,
    > exchange vows and 30 more bucks with had our marriage certificate! It
    > was a bittersweet moment, everyone crying, knowing that his mother
    > wanted us to be together and she wasn’t here to share in the joy.
    > Back to INS, filled out the forms, look fotos at the deli next door, up
    > to the 3rd floor again and we waited. The boss was in a meeting. After
    > about an hour he gather only the biographical forms for both of us, the
    > AOS application, and said to start filing out the check he had to check
    > on the price of the forms. $415.00. Then a nice woman came out and
    > took the AP form and asked if we wanted to submit the EAD form as well,
    > she stated it would be quicker then sending in the mail. $120.00 later.
    > In about an half hour she returned and explained to him the process of
    > using AP and also gave us our packet of info about the up and coming
    > Adjust appointment. Timeline as follows:
    > EAD card available to pick up: 10/16/02
    > Fingerprint interview date: 02/2003
    > Green card interview date: 05/2003
    > I am allowed to turn in the Affidavit of Support at the EAD card pick
    > up. They did mention that because his file had been there it help
    > expedite and allow for such consideration.
    > She also stated that she and the INS Staff were very sorry about his
    > mother’s passing and understood the circumstances. She said that we
    > were very luck to have received such exemplary service from them and
    > that INS had gone above and beyond their normal processes due to his
    > situation. She said we were very lucky. I say it was a miracle sent
    > from heaven by Maria. My husband has left on the first available flight
    > to Santo Domingo where he will pass the nine days of mourning and begin
    > a new life as husband and brother to his 4 other siblings. He was able
    > to make the burial due to the time consuming process of getting the AP.
    > I can only say that persistence and patience are a virtue in life. Ever
    > step we passed working our way up the INS ladder in the office paid off,
    > yes there were tears and many times fear of being rejected but not once
    > did any of us become inpatient with the INS officer knowing full well
    > they were working on our behalf. I’m sorry this has been so long, 48
    > hours without sleep and little food can take its toll. The boss told us
    > that no amount of preparation could have prepared us for such an event.
    > --
    > Posted via http://britishexpats.com

Paulgani

http://www.foia.state-
.gov/masterdocs/09fam/0941081N.pdf

9 FAM 41.81 N6.3 Reissuance of K-1 Visa
(TL:VISA-2 08-30-1987)
If a K-1 visa, valid for a single entry and a 6-month period, has already
been used for admission into the United States and the alien fiancé(e) has
returned abroad prior to the marriage, the consular officer may issue a new
K visa, provided that the period of validity does not exceed the 90th day
after the date of initial admission of the alien on the original K visa and
provided also that the petitioner and beneficiary still intend and are free
to
marry. The alien's return to the United States and marriage to the
petitioner
must take place within 90 days from the date of the original admission into
the United States in K status.

Paulgani

"kjdrga" wrote in message
news:436881.1034078390@britishexpats-
.com...
    > Tragically at midnight on Sunday night my fiancé and I (USC) received a
    > phone call that his mother of 42 had died of a sudden heart attack in
    > his village in the Dominican Republic. Like many cultures throughout

Mark Kitchell

I agree. The Arlington office seems to be staffed by professionals.
When we filed for AOS, the woman could not have been nicer.



kjdrga wrote in message news:...
    > Tragically at midnight on Sunday night my fiancé and I (USC) received a
    > phone call that his mother of 42 had died of a sudden heart attack in

Gabriela

That 's a very touching story..it brings tears in my eyes....Im very happy
that you sort things out and that he is alowed back in now...I can only
understand your fears
And the staff there in Arlington seems to be very nice and helpfull and yes
I think that it was a miracle too.
Good luck to both of you and sincere condolences for your mother-in-law

Gabriela



"kjdrga" wrote in message
news:436881.1034078390@britishexpats-
.com...
    > Tragically at midnight on Sunday night my fiancé and I (USC) received a
    > phone call that his mother of 42 had died of a sudden heart attack in
    > his village in the Dominican Republic. Like many cultures throughout
    > the world it is extremely important that family be together. During the
    > hours that followed and the wailing and crying that followed he was
    > determined to see her before they were to bury her the next day.
    > With the support of my family we stayed up all night figuring out
    > what to do, he had entered into the U.S. on a K1 visa, he would not
    > be allowed back in if he were to leave. Desperately we tried
    > calling all the INS numbers in the phone book, they have no
    > emergency 24 hour number.
    > My father being a retired State Department employee called the Emergency
    > desk officer at the State Department because we knew we would get a live
    > person. He advised us to be at the INS Washington Office (which is
    > actually in Arlington, VA) as soon as they opened and see if they could
    > write a letter to the US consulate to have them reissue a K1 visa so he
    > may return for the Nov. 8th wedding.
    > These are the events that took place:
    > We arrived at the INS office at 6:30 in the morning and were 50 people
    > ahead of us. The office does not open until 7:30. I brought all
    > copies and originals of EVERYTHING, the I129f packet I sent in, all
    > correspondence from INS, everything and anything I could think of, my
    > passport, my checkbook.
    > Around 7ish an immigration officer passes through the line checking ID
    > and people paperwork, we explained our situation to him and he looked at
    > us and said "I doubt it will work, but here go to room 201" (which is
    > the information room) Hey we at least got ourselves into the door.
    > Once in 201 you must wait in a line for a number, but in order to
    > receive that number you must speak with an immigration officer about why
    > you are there. As we were called over to the immigration officer, it
    > turned out to be the same officer from outside in the line. He
    > remembered us and turned to his colleague/supervisor and said "these
    > were the people I was talking about" In all there are 4 officers there,
    > two that interview people and two that observe and oversee the officer
    > (I would say that are profilers, they read peoples body language etc.)
    > The female officer took my fiancé's passport and I-94 and explained that
    > she wasn't sure if there was anything they could do, that the State
    > Department had sort of mis informed us.
    > We were asked to take a seat. We waited. We cried. About 20 minutes
    > later she came back and gave us a pass to go upstairs to see the boss so
    > that he could explain the situation better to us.
    > We went up to 311 (were adjustment interview take place, etc.) We
    > deposited our pass into a slip box and waited. The boss called us back
    > into his office. He began to explain the complexity about the situation
    > and started was talking sternly. But after about 2 or 3 minutes he just
    > melted and became very sympathetic seeing our situation and culturally
    > how important it is that my fiancé be in his country with his family.
    > He said that unfortunately with a K1 single entry visa (a 2 entry visa
    > does exist he explained, but he was not issued that) he would not be
    > allowed back in.
    > He gave us three options: 1) He leaves and goes to the consulate in
    > Santo Domingo and explains the situation and perhaps they are
    > sympathetic and reissue another visa to him. (Those of you dealing with
    > High fraud countries know rarely are anyone sympathetic in those
    > consulates.) He stated that INS approved the I-129f petition once and
    > that should be enough for them to reissue the visa, but that a letter
    > from INS/DC would not help because they are under Dept of Justice and
    > consulates are under Dept of State and they have the ultimate decision.
    > Option 2: We go down to the courthouse and get married and file AOS
    > and AP and he said that if we could get him the paperwork by 3pm he
    > could have an AP by that afternoon or early the next morning. It
    > was 10:30 am.
    > Option 3: He doesn't leave and we carry on with our plans. - That was
    > not an option to us.
    > To say the least my fiancé was determined to be there by the burial, and
    > he was at times being very irrational. It took many times of explaining
    > over and over that if he left without permission he could not come back!
    > Finally around noon we decided that best thing would be to get married.
    > After getting lost in Arlington and finding out the courthouse in not
    > down the road we hopped in a taxi, met my parents at the courthouse,
    > paid 30 bucks for the license and were directed to a magistrate,
    > exchange vows and 30 more bucks with had our marriage certificate! It
    > was a bittersweet moment, everyone crying, knowing that his mother
    > wanted us to be together and she wasn't here to share in the joy.
    > Back to INS, filled out the forms, look fotos at the deli next door, up
    > to the 3rd floor again and we waited. The boss was in a meeting. After
    > about an hour he gather only the biographical forms for both of us, the
    > AOS application, and said to start filing out the check he had to check
    > on the price of the forms. $415.00. Then a nice woman came out and
    > took the AP form and asked if we wanted to submit the EAD form as well,
    > she stated it would be quicker then sending in the mail. $120.00 later.
    > In about an half hour she returned and explained to him the process of
    > using AP and also gave us our packet of info about the up and coming
    > Adjust appointment. Timeline as follows:
    > EAD card available to pick up: 10/16/02
    > Fingerprint interview date: 02/2003
    > Green card interview date: 05/2003
    > I am allowed to turn in the Affidavit of Support at the EAD card pick
    > up. They did mention that because his file had been there it help
    > expedite and allow for such consideration.
    > She also stated that she and the INS Staff were very sorry about his
    > mother's passing and understood the circumstances. She said that we
    > were very luck to have received such exemplary service from them and
    > that INS had gone above and beyond their normal processes due to his
    > situation. She said we were very lucky. I say it was a miracle sent
    > from heaven by Maria. My husband has left on the first available flight
    > to Santo Domingo where he will pass the nine days of mourning and begin
    > a new life as husband and brother to his 4 other siblings. He was able
    > to make the burial due to the time consuming process of getting the AP.
    > I can only say that persistence and patience are a virtue in life. Ever
    > step we passed working our way up the INS ladder in the office paid off,
    > yes there were tears and many times fear of being rejected but not once
    > did any of us become inpatient with the INS officer knowing full well
    > they were working on our behalf. I'm sorry this has been so long, 48
    > hours without sleep and little food can take its toll. The boss told us
    > that no amount of preparation could have prepared us for such an event.
    > --
    > Posted via http://britishexpats.com