Derrick Williams

Hi All!

I haven't been posting for a while, but I am happy to say my wife came
to the US in August on a K-3 with my new step-daughter (K-4) and life
has been great! The next step is for my wife to obtain a green card,
and we had a strange experience which left us befuddled.

We got a notice from the Warsaw Consulate that my wife was scheduled
to come there for a green card interview. We thought, enh, Warsaw's
too far, we're not really up to flying all the way to Poland from
Conneciticut, why not see if we can have the interview here in the US
instead? After some back and forth, I explain my situation and my
wishes, and the consulate replies that it would be easier to go
through the interview rather than adjust status, because all the
paperwork was collected and ready, but we could fill out form DS-3098
to transfer it to the US provided our local immigration office agreed
to take on the case. After that, the documents and so on are sent to
the US, and we're on our way.

Or so we thought. After making a trip to the Hartford office in
Connecticut, we waited 4 hours to talk to an officer (this was with
InfoPass too), we show the officer Form DS-3098, expecting her to
process it, but our hopes were crushed when she immediately begin
shaking her head and saying that we had to adjust our status in the US
that my wife had a K-3, and that we could not get a green card
anywhere else. According to her, it would be 'illegal to go to Warsaw
to get a green card'. She insisted that going to Warsaw was not an
option and she was not going to transfer any cases to the us 'because
it does not exist, you must get the green card here.' It didn't help
that she didn't look up any of our information on the computer or look
at any of our paperwork. After a few minutes of trying to ask her how
it is that the US Embassy in Warsaw has a different story than she
did, she got tired of us and told us she couldn't talk to us anymore.

Of course we were unhappy, and I wasn't really impressed by the
officer's attitude or professionalism (she made all kinds of
grammatical mistakes in her speech), and it didn't help that she was
condescending to my wife. After cooling off, we figured that if we
have two contradicting stories, we'd just go with the one we like
better. Maybe a trip to Warsaw wouldn't be too bad, one visit to the
Hartford center is about the same length of time for a transatlantic
flight (2 hours to get to Hartford, 3 or 4 hours to wait, 5 minutes to
speak with an officer, and the trip back home), and although we'd
rather not have to spend the money this trip to Warsaw, it isn't
entirely out of our means now that the summer tourist season has
passed.

Now I'm having some doubts, could it be that the USCIS officer
actually might have known what she was talking about? Would accepting
the green card interview in Warsaw just lead us into trouble?

Our situation is this: My wife got a K-3 from the US Consulate in
Minsk, and arrived to the US. One month later (September) she got a
notice from the US Consulate in Warsaw to arrive for a green card
interview (before Poland joined the EU, Belarussians didn't need a
visa to go to the US Embassy in Warsaw, and they then started
processing some visas in Minsk in response). It is my understanding
that if my wife goes through the interview successfully, then this
card will be issued and she will be able to enter the US with this and
we will continue on the process here.

So what should we do, ignore the USCIS officer and schedule an
interview for the green card in Warsaw, or turn down the interview and
adjust status in the US?

I've not withheld any information from the US consulate in Warsaw - in
my correspondence with them I've disclosed that my wife is in the US
on a K-3, so we are not sure if it was wrong to go to Warsaw for the
interview, they would advise us that it is better to go there than to
adjust status here, simply because all the paperwork is collected and
ready there.

Thanks again for all your help!

-Derrick

Eric S.

I don't have personal experience with K3 (my wife came over on a K-1), but
the way I understand the process from reading this newsgroup is this.
Basically, if you are already married, you do two things. You file an
immigrant petition (I-130) and apply for spouse visa (K-3). Then, you have
a choice of either adjusting status in the US (via K-3) or processing the
I-130 at the foreign consulate. So, from your message, it seems like the
Warsaw consulate is ready to process your I-130. I don't really know the
advantages of one process over the other. Maybe people choose based on
which one happens first.

Check here for an overview of the process and more info:
http://www.visajourney.com/faq/k1faq.htm

You may also want to search the USCIS site for info on transferring your
case from Warsaw to the local office. http://uscis.gov

Again, this is mostly assumption based on what I've picked up here. I'd
recommend doing a little searching for threads about K-3 and I-130. I
believe it's been discussed frequently.

- Eric S.


"Derrick Williams" <> wrote in message
news:...
    > Hi All!
    > I haven't been posting for a while, but I am happy to say my wife came
    > to the US in August on a K-3 with my new step-daughter (K-4) and life
    > has been great! The next step is for my wife to obtain a green card,
    > and we had a strange experience which left us befuddled.
    > We got a notice from the Warsaw Consulate that my wife was scheduled
    > to come there for a green card interview. We thought, enh, Warsaw's
    > too far, we're not really up to flying all the way to Poland from
    > Conneciticut, why not see if we can have the interview here in the US
    > instead? After some back and forth, I explain my situation and my
    > wishes, and the consulate replies that it would be easier to go
    > through the interview rather than adjust status, because all the
    > paperwork was collected and ready, but we could fill out form DS-3098
    > to transfer it to the US provided our local immigration office agreed
    > to take on the case. After that, the documents and so on are sent to
    > the US, and we're on our way.
    > Or so we thought. After making a trip to the Hartford office in
    > Connecticut, we waited 4 hours to talk to an officer (this was with
    > InfoPass too), we show the officer Form DS-3098, expecting her to
    > process it, but our hopes were crushed when she immediately begin
    > shaking her head and saying that we had to adjust our status in the US
    > that my wife had a K-3, and that we could not get a green card
    > anywhere else. According to her, it would be 'illegal to go to Warsaw
    > to get a green card'. She insisted that going to Warsaw was not an
    > option and she was not going to transfer any cases to the us 'because
    > it does not exist, you must get the green card here.' It didn't help
    > that she didn't look up any of our information on the computer or look
    > at any of our paperwork. After a few minutes of trying to ask her how
    > it is that the US Embassy in Warsaw has a different story than she
    > did, she got tired of us and told us she couldn't talk to us anymore.
    > Of course we were unhappy, and I wasn't really impressed by the
    > officer's attitude or professionalism (she made all kinds of
    > grammatical mistakes in her speech), and it didn't help that she was
    > condescending to my wife. After cooling off, we figured that if we
    > have two contradicting stories, we'd just go with the one we like
    > better. Maybe a trip to Warsaw wouldn't be too bad, one visit to the
    > Hartford center is about the same length of time for a transatlantic
    > flight (2 hours to get to Hartford, 3 or 4 hours to wait, 5 minutes to
    > speak with an officer, and the trip back home), and although we'd
    > rather not have to spend the money this trip to Warsaw, it isn't
    > entirely out of our means now that the summer tourist season has
    > passed.
    > Now I'm having some doubts, could it be that the USCIS officer
    > actually might have known what she was talking about? Would accepting
    > the green card interview in Warsaw just lead us into trouble?
    > Our situation is this: My wife got a K-3 from the US Consulate in
    > Minsk, and arrived to the US. One month later (September) she got a
    > notice from the US Consulate in Warsaw to arrive for a green card
    > interview (before Poland joined the EU, Belarussians didn't need a
    > visa to go to the US Embassy in Warsaw, and they then started
    > processing some visas in Minsk in response). It is my understanding
    > that if my wife goes through the interview successfully, then this
    > card will be issued and she will be able to enter the US with this and
    > we will continue on the process here.
    > So what should we do, ignore the USCIS officer and schedule an
    > interview for the green card in Warsaw, or turn down the interview and
    > adjust status in the US?
    > I've not withheld any information from the US consulate in Warsaw - in
    > my correspondence with them I've disclosed that my wife is in the US
    > on a K-3, so we are not sure if it was wrong to go to Warsaw for the
    > interview, they would advise us that it is better to go there than to
    > adjust status here, simply because all the paperwork is collected and
    > ready there.
    > Thanks again for all your help!
    > -Derrick

PeterB

And what happens if Warsaw does not have your papers and sent you all
this in error? How will you get back to US? Since your wife does not
have any US status yet - she will not be able to return to US or even
stay in Poland - so she would need to return to Minsk ... and then what?

My strong advise to you is to get all straight in US!!! how ever long it
takes (you be at least together)...

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