biggish data

i got this letter from uscis

Or if you decided to get married, cancel the K-1 and start a CR-1 (can you do that?) It just seems like a lot of time has been wasted...but maybe I don't know what can be done in the process. Anyway I'm really sorry this happened to you. Make sure you have a ton of evidence when you file again;)

Or better question, why would you? I would've waited to see if they would approve it or give us another interview rather than get married and have to start all over again, but I guess it doesn't matter since it expired anyway....this process is so difficult and stressful........

Lisamarie

Female

Morocco

2011-01-15 13:30:00

i got this letter from uscis

Or better question, why would you? I would've waited to see if they would approve it or give us another interview rather than get married and have to start all over again, but I guess it doesn't matter since it expired anyway....this process is so difficult and stressful........

I think their file got sent back for review and in that time it expired. But how can you get married if you have filed the K-1 and are still in the process? I'm confused too.

Lisamarie

Female

Morocco

2011-01-14 21:28:00

i got this letter from uscis

I think their file got sent back for review and in that time it expired.

But how can you get married if you have filed the K-1 and are still in the process? I'm confused too.

Your timeline is a bit confusing. So your wife (fiancee at the time) filed an I129F, it was approved, you had a visa interview and was told you were approved...but then your passport was returned to you with a K-1 visa in it which was stamped CANCELLED? Did something happen between the interview and when they mailed your passport to make them retract the initial approval? I have never heard of a consulate actually issuing a visa (taking the time to put it in the passport) only to cancel it. This is a bit unusual.
The replies you received to your initial question are spot on. The letter you received is just basically a 'closing-out' of your case...your status is now changed to married, so you would no longer be eligible for a K-1 visa anyways. So just file the I-130 and go the CR-1 visa route. It is another round of waiting, but you would have the same amount of waiting if you had received a NOIR/NOID as well...so at least now you know that you're separated and waiting, but with cause...not in limbo as you would have been waiting on the NOIR/NOID to be adjudicated.

Lisamarie

Female

Morocco

2011-01-14 21:20:00

How long apart?

"Every morning when I wake up, I tell myself "I am one day closer to seeing my love!"

What a positive way to look at it! I will remember that, thanks!

I miss him too.. Although I just came from Kyrgyzstan (we had a wedding ceremony, but we are not legally married yet), I can't wait to see him again! I can't wait for the day when I see him at the airport *DREAMINGLY*. Every morning when I wake up, I tell myself "I am one day closer to seeing my love!" I am so hoping he would be here by April (keeping my fingers crossed).

Hang in there, guys. I heard that this process used to take at least a year. And some couples right now don't even get approved by the end of their K-1 visa journey because the person at the embassy did not believe the relationship was genuine (how absurd!). We have to believe that our case will go smoothly, and at the end, we will be with our loved ones for the rest of our lives. That's all that should matter now.

I know it's hard to wait this long.. but we have to be strong! I am happy to learn that we are not alone. We are all going through the same stages, and we'll get through this. A year from now, we will be talking about our marriage lives, and how wonderful it is! =)

I wish you all the best of luck and fast approval!

Lisamarie

Female

Morocco

2011-01-14 13:49:00

How long apart?

Good luck!!!

We had 5 days together during New Years, before that we hadn't seen eachother for 5 months. Now depending on how my interview goes on thursday (wish me luck ) I'll hopefully get to see him in the middle of february (Depending on when he comes back from deployment)and then we'll get to live happily ever after

Lisamarie

Female

Morocco

2011-01-14 13:44:00

How long apart?

I agree.....

I would love to be one of the people that gets to go for three months at a time, or go wait it out until he gets his visa, but my job would never allow me to do that. I'm lucky if I get two weeks off a year...... -_-

That is your opinion. It's harder for some, easier for others.

Lisamarie

Female

Morocco

2011-01-14 00:42:00

RFE after LONG WAIT!!

I feel for you.......... We waited over six months and finally after a service request and inquiry from the Senator, got a 3-page RFE. We are waiting for 2-4 months for a decision. We also filed through CA, although we filed the CR1 rather than K1. I hope yours is something simple. I know the waiting is tough, I got the same thing, a text and email that there was an update, went to the site and saw that I had an RFE but had no idea what it was until it actually came in the mail. Best of luck to you.

Thanks for the quick responses. I was just venting after my anxiety on the matter. It's the California Service Center.. I know they are doing their jobs but I just think they are requesting too much. And, I did spend a lot of time into it with more evidence then what is required. My packet looked like a book, tabbed, and organized. Anyway, I'm eager to hear what more evidence they need. I do hope it's just a minor missed box. Thanks for your support those that replied. Thank you.

Lisamarie

Female

Morocco

2011-01-13 15:35:00

Passport Pages

I sent a certified copy of my birth certificate only (which is what the guides said to do, one or the other to provide proof of citizenship) and was sent an RFE, in which one of the things it asked for was "all copies of my passport pages" (and my spouses also). I would send both just to be on the safe side.

Only if you're using your passport as proof of citizenship. If you can send a photocopy of a certified copy of your US birth certificate, there's no need to send ANY of your passport.

Edited by Lisamarie, 24 January 2011 - 03:32 AM.

Lisamarie

Female

Morocco

2011-01-24 03:31:00

Got RFE after 5 months 2 weeks.

Don't be too discouraged..... We received an RFE after 7 months of waiting. It was a 3-page RFE and we had approx. 45 days in which to reply. I thought it was the end of the world.....I was so frustrated and depressed. But we sent everything back, and they said we would have an update or decision within 60 days, and our petition was approved in 3 weeks:)))

It could also be a very minor thing like a missed signature, or something wasn't filled out, etc. But whatever it is, just get everything back that they ask for quickly and you'll have a decision and hopefully an approval in no time

Good luck:)

After 5 months 2 weeks since we got noa1, today they said, we got RFE. Perfect!!!!!!!!

Lisamarie

Female

Morocco

2011-01-25 01:27:00

I-129 F petition approved!

Yay!!! Congratulations!!! :dance:

I dreamed of this day. The day that I, too, could share with my fellow VJ members that my I-129 F petition has been approved. I have been feeling down these last few days and I have been checking my USCIS account often. I checked it yesterday and there was nothing new; the same tired last update date of 09/01/2010.
Today, after reading the VJ forums for a while, almost without hope, I ventured to log in to my account at the USCIS website and what do I see? A last update date of 01/24/2011! I did a double take, really? I opened my tired eyes wider. Clicked on the receipt number as I dialed the USCIS customer service line (was it approved or will I get a RFE?). But my case status is clear:

"On January 24, 2011, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E). Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283."

The automated USCIS voice was reading outloud what I was reading on the website.
After 150 days my petition has been approved. Today, I also received the news that my vacation has been approved and I will be able to go see my love for Spring break. I will go to the DR this March before going back, once again, for the interview.

Best wishes to all and may you, too, receive approvals soon

Lisamarie

Female

Morocco

2011-01-25 14:40:00

I agree.

Are you kidding me? You guys are getting "offended" by something that a complete and total stranger types on his keyboard and posts on a forum??? Seriously, if some of you have a problem with AI's posts simply Ignore or close the internet browser.

These are very very tense times for a lot of people, some of which are very close to me. Everybody just take a deep breath and step away from VJ if necessary.

Lisamarie

Female

Morocco

2011-01-28 18:40:00

Perhaps if people read this comment, they will understand more where you are coming from That must've been incredibly difficult for you. I really hope you have a quick process so you can start your lives together.......

Thank you for your positive contribution to a very negative thread. (Yeah, I know I started it, but that doesn't mean I can't recognize it as negative. My apologies once more.)

And yes, I know there is a lot of anger here due to processing delays hitting 10 year highs, and sadly we often turn on each other because we are so stressed out from all of this. I am guilty of this too (probably more than a lot of other people).

People are worried, and genuinely so. They tell us 5 months at the start, but the real time back then was more like 3. Then it goes to 4, then 5, then they start moving the goal posts, and before you know it, 6, 7. Where does it end? This is not some electronic doodad we ordered online. This is people's lives. They have a right to be worried. When will I get there? Will I get there? Will my SO give up on me by then?

I know that last worry close up and personal. The last time I did this, back in 2004, my SO did give up on me. And back then, you got the whole magilla done in 3 months, embassy and all. She threw in the towel 3 days before her Moscow interview but never told me that she was giving up. She just postponed the interview two times, over my objection, and happily pocketed the money I sent her for things like English lessons, travel expenses, and the fee for her medical exam.

So in case anyone was wondering why I am in such a mad rush to get this done, now you know. Elena is a much different person than my prior SO and someone who I trust and love very much, but I trusted the one from 2004 as well. And while I refuse to consider any possibility that Elena would do such a thing, an experience as bad as the last one is a memory that just refuses to go away.

Lisamarie

Female

Morocco

2011-01-27 00:30:00

I say that and think that everyday (in the bold). I have personal knowledge of success stories. I don't ever wonder if our relationship will make it, or not. I just wonder when he will be here........

Nothing personal taken.....

I only meant that sometimes people that have already been through this and are living their lives forget what it's like for the people that are still in this struggle, who are trying to learn the process, asking questions because they need to feel confident about what they're doing and want advice from people that have already "been there", only to be answered with comments that make them feel like they don't know anything.....or that they should know everything. But I'm pretty certain those people were also learning and asking questions at one time. I'm not talking about me personally but I read a lot on the forums. That's all I was trying to get across in that statement.

Congratulations on your successful marriage. I enjoy reading about the positive outcomes in all of this, it takes away from the frustration and stress.

I'd like to address this point - and no LisaMarie this isn't personal, all right? It's a general statement to address the issue you raised.

I'm one of those people who have my husband here. For a long time now. We've been married over five years.

Now, when I first came to VisaJourney, I was actually looking for stories of couples. I wasn't looking for immigration advice at all. I had not even met my husband in person yet. We'd been talking online and on the telephone. I was looking for evidence, I guess, that a long distance relationship can work.

Fast forward six plus years. Here I still am on VisaJourney. To be honest, I'm mostly still here because I enjoy the social company. I don't contribute to the upper forums as much as I used too, but I do still like to help people when I can.

I guess it would be nice to think that all the people who are still waiting for their dreams to come true - that they could look at people like me as some sort of proof that well, it will happen one day. That they could say "my loved one will be here with me, we will be married and have a life". That the paperwork will be done and over with, and all just be a memory.

Because that's really how it works. That's why some of us tell you to chill out and breathe deep. Because some day this will just be part of your story. It will be part of what makes your couplehood different and unique.

I hope everybody figures this out someday.

Thank you

The most satisfying and refreshing comment on this thread. Something worth reading. Thank you.

Lisamarie

Female

Morocco

2011-01-27 00:27:00

This is a very difficult situation for all of us. We have been waiting for nine months now, and it will still be a few more months until we can be together "God willing"...........granted we did finally get our NOA2, but we waited for a long time for it and we still have to get through the rest of the process, so we are far from being done.

We are all at different steps, some of us breezing through for whatever reason, while others are waiting for what seems like "forever", running into all sorts of problems... I know there are many that had it easier than us, and many that are having a much more difficult time than us. But nevertheless, we are all in the same boat, trying to get the same result. We should all be trying to support each other, rather than trying to figure out who has worse than who, who has a right to be upset and who doesn't, who is trying to do what to get their loved ones here faster.....

Getting angry at each other is not going to help anything, it's only going to add even more frustration to our lives. If we read something we don't like, just ignore it. Everyone has a right to their own feelings and if we don't like a post, pass it by.....that's all.......

And the people that have already made it through the process and have their loved ones here with them should really show more compassion to the ones that are still struggling to get to that point.

That's all I have to say to this posting......good luck to everyone and may this year bring lots of approvals and happiness to everyone........

Mari, my thoughts are prayers are with you and your fiance that he stays safe. Take care.

Lisamarie

Female

Morocco

2011-01-26 15:37:00

Mari, my thoughts are prayers are with you and your fiance that he stays safe. Take care.

Really? No kidding... just now you figured that out? I have a fiance in the Green Zone that has been bombed all week...what do you have?

Best wishes, really.

Lisamarie

Female

Morocco

2011-01-26 15:21:00

LOL

Lisamarie

Female

Morocco

2011-01-26 15:18:00

Co-Sponsor support document

Congratulations!

We had a co-sponsor and it went through fine.
Our co-sponsor submitted an I-864A

Bforbarree

Female

United Kingdom

2011-01-30 02:05:00

K-1 - Call USCIS

But on the USCIS website says that I can change the address only "if I have a pending case" - I donot have a pending case now, right???

Need advise.

The only thing I can see happening is that USCIS will send the NOA2 to the address that you petitioned with UNLESS you file a change of address with them.

Do you still have access to the mail at your old address?
As in, you used to live with friends or relatives and they still live at that same address?

Did you file a change of address with the US Postal Service?
If not I suggest you do it first thing Monday!
If you already did this, make sure it is not near the expiration date (I think they last for 6 months but you should check this with your postmaster) if it is near the expiration file another one now!

The envelopes from USCIS are noted as RETURN SERVICE REQUESTED, this means If the addressed person has moved the post office will send the letter usually along with the new address (but the post office can only do this if they have one on file for you!) back to the sender of the envelope (USCIS).

If the NOA2 gets returned to USCIS they will send it back to you but you really need to file a change of address with them. You can do this online but I would suggest you follow up with a phone call. If someone helps you get a reference number and their name...always keep a log of any phone calls to USCIS.

Bforbarree

Female

United Kingdom

2011-01-29 23:01:00

2nd K1 Visa

My husband filed a K1 visa for ex-wife 13 years ago. At the time it was still INS :yes:

Anyway, there was no problem with the second petition for me. You just have to make sure that:

+ Your fiance knows about it, including when the marriage was terminated (important info for the K1 interview)
+ You have the papers proving that divorce is final and you are free to marry
+ You inform USCIS, checking the proper boxes in the biographic forms.

So be ready, be honest and he only thing you are going to get is an approval saying that they've noticed that this is the second K1 petition. B-)

Good luck! :thumbs:

Edited by Precious, 24 January 2011 - 08:15 AM.

Precious

Female

Brazil

2011-01-24 08:14:00

Can I use money transfer receipt as evidence in K1 visa?

I had sent in my I-130 petion long before I discovered or became a member of VJ so I had not read the differences in opinion about money grams etc sending to a spouse or Fiance. When I sent in my petion I DID include a few money grams but the amounts were low and I had sent him money to have for my trip there for rental car etc and housing and it was better for him to help me save cause he is the saver and I am the spender,lol.....and since we have been married I have sent him like $200-300 a month to help with cost of apartment rental. The way I feel about it is, if I can't help my spouse/fiance and he makes a mere $400 a month to my $2400-3.000 a month, I would think it is inconsiderate to let one struggle and barely make ends meet. Wouldn't they do the same for us? My husband already feels bad about accepting money from me and it's like i have to almost beg him to let me send anything! I think it is showing love and support....you can always send in to USCIS a conversation record talking about the money grams and reasons for sending it....If they read all our chats they could see why money was sent.

SweetHome_Alabama

Female

Morocco

2010-11-12 22:57:00

The Unwanted Fears Inside My Mind .

Hello everybody!!

Well, I'm from Morocco, My girlfriend is from U.S.
So, I've known her through Internet for almost One year.
I've never met Her in person.
She will not be able to come to Morocco simply, because She cares of her Mom who is SICK.
As you see, i have no choice, I should go to Her.

I only have 3 questions are:

1 - What am i supposed to do in this case?
2 - What obstacles that will may be waiting for me?
3 - What are the best advices that i must follow?

( I don't want to be disappointed or surprised in future, that's why I need to know all probabilities that will may happen).

Thanks for Reading.

Requirements for the K1 Visa
A. You and your fiance are legally eligible to marry under the laws of your country as well as the laws of the U.S.
B. You will marry the petitioning U.S. citizen within 90 days of entering the U.S.
C. You intend to enter the U.S. solely to marry the U.S. citizen
D. You have met the U.S. citizen within the last two years before filing for the K1 fiance visa. However, this requirement can be waived only if meeting your fiance in person would violate long-established customs, or would create extreme hardship for you

This you would have to prove and Morocco is considerd a high fraud country and it is already hard for couples to prove a bona-fide relationship with several trips meeting in person. There are probably no guarantees they will even consider an approval without meeting at least once in person. Sometimes things may not appear as it seems on-line without physical touch and emotions and meeting of family and vise versa. Isn't it only logical to meet in person to see if you both are experiencing genuine REAL feelings?......she could get a sitter for her to at least visit you only if its just for two weeks Morocco. Surely she has friends or family who can help out. I had only visited my husband once in nov 2008...again in April 2009 when we married and in 2010 (even thought its nearing the end of the year) I have not visited him any this year 'cause of waiting for immigration this year almost taking about 8 months so we patiently waited. Both my trips could only last about two weeks with my work schedule. we got approved & he has his visa but I kept up with every e-mail chat record since our very first meetings on-line. I would encourage you both do this.
Its going to be a long process so I encourage you to burn your logs onto CD's incase your computer ever crashes from a sudden unexpected virus to not lose important key evidence of your relationship.

Most all visitor's visa's to come and visit a lady fiance or friend gets rejected. I met a lady on the plane who had a mere friend in tourist business she visited every year and he applied she said 10 times and never accepted and you lose those fees. Im sure if I am wrong someone here on VJ will correct me. Good luck to you both.

SweetHome_Alabama

Female

Morocco

2010-11-12 22:26:00

Chat History for K-1 Visa

Hi everyone,

I was wondering if anyone knows how many pages do they need to prove ongoing relationship. I do have about 12800 pages of chat history from OCT 2007 till FEB 2009. So could I cut and paste samples from every month? about few lines from everyday we chatted?

And what about the phone bills?,,,I have about 2000 pages just for 7 months. I think thats a lot to submit with the I-129 form.

Do they need an engagement ring receipt?

If we are going to file the petition by the end of DEC 2010,,,which tax return? for which year? 2009 or 2010??

How many pictures do they need??

we don't have a lot of emails,,,about 6 or 7, is it going to be a problem?

Thank you for helping

I sent in 10 pages of chat logs from various dates until present...from what I've learn the interviewer may or may not even look at them and better not to overwhelm since the other evdience is more important.
Same with the phone bills just pick a few to send in with various dates.
Engagement ring reciept is not required.
You will be best to send 3 years tax returns but I think they only require 1 yr.
The pictures and emails will be the strongest evidence, I sent 10 pictures with her family and friends included in the pictures of us 2getr... i think others have said 4 pictures is minimum.
Start having her email more often I send in 10 pages from various dates.
We are still awaiting the interview date so this is coming from someone still in the process.

All your questions have been asked and answered serveral times from previous members so just keep reviewing the VJ forum as ofhen as possible and it will slowly start to come 2getr.

maximus

Male

Philippines

2010-11-22 13:56:00

K-2 Minor Child

Hello!

This is my first post but I have already used VJ for a few months now and it has been SO helpful with information.

My fiance and I will be applying for a k-1 visa (I am a USC) and hopefully bringing his daughter on a k-2 visa. I know that she can just be "added on" at this point in the process and it isn't until AOS that she will need to be separate.
So for now:

1. Does she need her own G-325a form? (She is only 2 years old)

2. Will she need to be present at the medical visit/interview at the embassy? Or just proof of certain vaccinations?

3. What do I need from her mother giving consent for all this? Is just a typed and signed letter enough?

Thank you so much for any help you can give!!

Me and my fiancee is in the same situation as you and cuz each country has differant rules I can only speak for the Phillipines were my fiancee is from.

1. The child does not need a separate G-352a but you must list her on that form as well as the I-129f from what I recall.

2. The child will need to get a medical exam and maybe required to attend the interview as well but wont need to answer any question cuz of her age.

3. This answer depends on which country the child is from and what the Emabassy requires.

Just so your aware I just also found in my case out that the child maybe able to accompany the mother at the same time the visa is approved so as not to be separated from the mother for a extended amount of time..I became aware of this 9 months into our visa process so perhaps its to late for us but something you may want to check into.

Hope this helps.
Regards.

maximus

Male

Philippines

2010-11-28 14:29:00

As Don at CFL would say, WHOA! Including the name of ALL the beneficiary's children on the I-129F form is mandatory. It's just a question. Answer it accurately. It doesn't ask if they are immigrating. If she had 6 children all married and over 21, you would still list them ALL.

Always read carefully, interpret literally and answer accurately.

Yes, I see. For some reason I was thinking wrongly about this since I went into this conundrum. Thanks for setting me straight on that.

Sisyphus

Male

China

2010-11-12 22:59:00

You might ask that question over at www.candleforlove.com but in the meantime, I would file that I-129F instead of wasting time. It's what you're going to end up doing anyway and you'll never get this time back.

Yes, thanks I am proceeding with the I129f petition. I think I will post over at CFL as you suggest. Just undecided on the inclusion of her son's name on the form. However, given the circumstances, I am collecting affidavits/statements from both sides of the pond to try and address our red flag issues. I'm not in a big hurry to file, I think it's a good idea if her interview does not happen before the 1 year anniversary (7/22/2011) of her most recent divorce. We will have been together for over 1 year and I will have visited again. So I'm aiming at a Dec filing, meanwhile trying to line up the ducks as best I can.

Edited by Sisyphus, 12 November 2010 - 08:18 PM.

Sisyphus

Male

China

2010-11-12 20:15:00

Both cases I am familiar with went through the CSC. As I understand there is no particular, specific requirement that the AOS be completed by the age of 21. Hence the problem. It is true that in the past USCIS had taken the position that was the case. It has not been the case (though not officially) for more than a year. (I discussed this exact subject in particular with a USCIS director more than a year ago and his answer was "get it filed before they turn 21")

At any rate, the OP has little choice given the age of the child but to pursue a K-2. Whether the Chinese consulate will issue the visa and what, exactly, they consider close to "age out", who knows? But plan B should definitely be plan B. I have not heard of any consulate refusing to approve visas on the speculation that the beneficiary "could possibly" age out. Seems preposterous actually. Why? ANY K-2 could "age out" if the AOS was not filed on a atimely basis and there is no requirement to file the AOS in any particular time period. It just makes no sense. Who are the consulates to second guess what the beneficiary will do and how long it will take USCIS to process?

Thanks Gary. Yes I think this is a jurisdictional matter. I believe there is some court precedence in the Ninth Circuit to allow >21 AOS approval. So it could work out since I am in that dist. But I'm not up for a court battle, been to that horror show, never again. The I485 would be sent to the Chicago lockbox. Technically however, the Nebraska service center would handle the AOS, as far as I can tell, for an app originating in WA state.
The word I got was that the consulate does not cite the older K2 as the basis for denial, they use something else for the basis. Usually the "failure to show a bonafide relationship" catch-all. Yes it seems preposterous, but from what I can see it would be in character for GUZ. Hence the concern, this topic, and this question:
Anyone go through the Guangzhou consulate for a K1/2, with a 19yo or older K2, in the last few years or so?
What was the result?

Edited by Sisyphus, 12 November 2010 - 04:26 PM.

Sisyphus

Male

China

2010-11-12 16:21:00

Waiting for the priority date to become current is not USCIS processing time. It has nothing to do with delays at USCIS, and everything to do with statutory limits on the number of visas in each category that are available each year. What you may deduct is the time between when the petition was accepted and the time it was approved. You may not deduct the time waiting for the priority date to become current. It goes like this:

(date visa number became available - birthdate) - (date petition was approved - date petition was accepted)

If the result is under 21 years then the beneficiary has not aged out, and has one year to pursue a visa.

As far as K2's aging out, the law does currently require that their adjustment of status be approved before they are 21 years old. However, because of a case which is currently making it's way through the courts (google "re Qiyu Zhang"), and an amicus brief filed by the AILA in behalf of the petitioner in that case (see http://www.aila.org/...spx?docid=30587) some USCIS offices have been using their discretion to grant adjustment of status when the petition is accepted before the K2 has reached 21 years. I wouldn't hang my hat on this unless it results in an actual policy change with USCIS, though.

Thanks for the clarifications. The CSPA calc is the same as I used.
I have reviewed this lawsuit, and the Reuniting American Families act (inactive). It would sure be nice if there was a clear USCIS policy re:K2 > 21 @ AOS approval. It looks like while this is pending in the courts, it is a jurisdictional discretion issue. It seems impossible to predict how a particular case will be decided.

Sisyphus

Male

China

2010-11-12 15:23:00

Gary, It's good to here you have some sucessful experience with K2's AOS approval after they're 21. Others have related the opposite. Take a look here: http://www.chinafami...hp?showtopic=69 RandyW had a bad expereience with this.
A while ago I had the impression it was OK, as long as the AOS filing was prior to 21, but I saw this and now I see that it is inconsistent whether it is allowed or not.

The UCICS site says no CSPA protection for K-2:

Limited CSPA Coverage for K-2s
An individual in K-2 status does not generally have a visa petition (Form I-130, Petition for Alien Relative) filed by the U.S. citizen petitioner, which is required in order for CSPA provisions to be applicable. Therefore, a K-2 nonimmigrant cannot utilize the CSPA when seeking to adjust status. A K-2, absent any different circumstance, may only seek adjustment until he or she reaches his 21st birthday and must adjust prior to his/her 21st birthday.

http://www.uscis.gov...000082ca60aRCRD

I just wish I could be sure one way or another. But ia all seems "clear as mud".

Edited by Sisyphus, 12 November 2010 - 12:03 AM.

Sisyphus

Male

China

2010-11-12 00:00:00

Gary, Yes same atty. The son would be over 20 at the time of the interview. Any dif?

Edited by Sisyphus, 11 November 2010 - 11:18 PM.

Sisyphus

Male

China

2010-11-11 23:17:00

Yes. You're missing the fact that an LPR cannot file a petition for an immediate relative (CR and IR visas). Only a US citizen can do that. Your wife, after becoming an LPR, would file a family based visa petition; an FB2A if he's still under 21, or an FB2B if he's 21 or over and unmarried. It's still the same form - the I-130 - just a different class of visa. FB2A's from China are currently about 5 months. FB2B's from China are currently about 5 years.

One problem. CSPA does not protect someone who ages out while waiting for a visa number. A visa number is available when his priority date becomes current. Add five months to the I-130 filing date for his priority number to become current, according to the current visa bulletin, and he's aged out.

You have nothing whatever to lose by filing a K1. Yes, Guz might deny the visa, which would leave you in the same situation you're currently in.

Your wife can become a US citizen three years after she becomes an LPR. Her I-130 can then be changed to an FB1, which would knock about 8 months off the wait time. There's also a good chance that the wait time will decrease on it's own, as it has been for the past couple of years. People are submitting fewer family based visa petitions, which is cutting the backlog.

Thanks Jim, I see the visa would be a FB2A (akaF2A) not IR/CR. However I don't understand why you say that CSPA wont protect him from age out. According to the CSPA calculator you deduct the USCIS processing time from the availability date. So if the USCIS time is 4-5 mos, viola he's under 21 again. I thought that CSPA is specifically to protect a child from aging out while the petition is in process? I know CSPA wouldn't protect him if the availability date gets out a ways further, but with the USCIS processing time close to the wait time for availibity, it works.
So I think we do have something to lose if we file K1 now and its denied. We lose the window of opportunity to do K1 and have her file the I130 for her son as a fresh LPR and use CSPA to avoid age out. We also have to start over on the whole visa process, so we are apart 6-8 months longer.
Hence my question: Anyone go through the Guangzhou consulate for a K1/2, with a 19yo or older K2, in the last few years or so?
What was the result?
Attached is a b/w .bmp of the CSPA calc check it out...

Attached Files

nicoxls..bmp 96.06KB 3 downloads

Sisyphus

Male

China

2010-11-11 23:01:00

File the I-129F now. The stepchild is not eligible for a CR2 visa if the marriage takes place after they turn 18. THIS attorney gave you VERY bad advice. While it may be true that Guangzhou denies K2 visas in similar circumstances to those you describe (News to me) USCIS will deny an I-130 petition for a stepchild when the marriage takes place after age 18, so CR2 is out of the question entirely.

Her filing for him after she gets her green card could take a very long time and he MUST remain unmarried.

Thanks Pushbrk. However according to the visa bulletin the wait for a F2A to come current is only five months now. So with CSPA its doable for my fiance to file the I130 for a CR2 as a LPR after she gets a K1, we get married, she AOS, gets a GC. I know he wouldn't qualify as my step-son since he's over 18, his mom would need to file as LPR. Am I missing something here?
The timeline looks like this to me: Sep 2011 K1; get married quickly; 4 months for AOS; file I130 for the son in Feb 2012; with CSPA using the CSPA calculator and all the current processing times etc it works. His 21 bday is June 1, 2012.
I know this is risky, we are depending on the F2A wait and processing times to hold. We want to do the K1/2 but if it means no K1 (in all probability) we would risk it. We have other redflag issues to overcome as well. This attorney is the #1 recommended for GUZ and HCMC so... lets not mention names, suffice to say: he is who you think he is.
So I'm trying to get an idea of how big a factor the older K2 really is.

Edited by Sisyphus, 11 November 2010 - 09:12 PM.

Sisyphus

Male

China

2010-11-11 21:09:00

In a recent topic I related info about my K1/2 situation. We do have some red flags, so I contacted a popular immigration attorney.
I sent an email relating our relationship timeline. When I talked to the atty, (I think it's best not to mention his name) he recognized the red flag issues, recommended we marry in China and persue a CR1 visa. Apparently he had not read my email. When I mentioned our issue of my fiancee's son (K2) being 19yo he made this comment -The Guangzhou consulate routinely denies K1 visas that have a K2 with age-out potential, they have been doing that for years- This news is significantly discouraging for us, it seems there is little hope for a K1/2 based on this alone. One strategy recommended is that we wait for one year to file for K1, however that strategy leaves the young man without a derivative visa/path to GC. So we were considering a more limited wait, 6 mos maybe, then going forward. Of course this would cut it close on the K/2 AOS before 21yo. We have also considered a K1 without her son, then she can file I130 for him when she gets her GC.

So I guess I'm looking for some feedback on the atty view that K1/2 are usually denied because of the older K2.
Anyone go through the Guangzhou consulate for a K1/2, with a 19yo or older K2, in the last few years or so?
What was the result?

Please don't move to the China forum.

Edited by Sisyphus, 11 November 2010 - 02:24 PM.

Sisyphus

Male

China

2010-11-11 14:21:00

How to reapply a denied K1 Visa? - China

Hey darnel. what time can I go to the ACS to get the EOR noterized? Will I need to get an appointment?
My Fiancee tells me they dont do this service any more is that true?
I will be leaving to China I a couple of weeks. please give me anymore advice before I go.

Thanks.

A lot of info is available at the Guangzhou consulate website.

Here's a link to "Notarial services" http://guangzhou.use...ces_260608.html

surf around, you will learn a lot.

Sisyphus

Male

China

2010-11-13 23:38:00

Is there a credit check run prior to Interview?

Ok, I sent in my affidavit HOWEVER as of today things have changed!

My background, what I send in:
I make about $65,000 a year, have about $8,000 in the bank in savings, have about $22,000 in stocks and bonds and I am single(plus the fiance).

HOWEVER today I just found out that my brother never took me off his mortgage for his house and now its in foreclosure. I had no idea I was still on his paperwork, as it was a deal from a long time ago.

I am freaking out.....
My question is- will the government do a financial background check on me at any point after the initial papers sent from the NVC to the Embassy?

Should I quickly try to get a cosponsor and send the papers separately and hope that at the Interview they will accept them???
WIll my fiance be denied if they find out that I unknowingly didnt disclose having a property and now its in forecloser???

Thanks for your help!

Uuuhhh... It is my understanding that a background check is performed at some point. Not a credit check per se, but I think a foreclosure would show up. Whether that's a problem, I don't know. But you should disclose EVERYTHING to avoid problems.
An attorney recommended that I order a background check just to see if there is any erroneous info on it that the consulate could use to deny the petition. Financial entanglements, people living at your house, criminal convictions, etc.

Heres how to get one for free:

https://personalrepo...information.jsp

Of course, the proper time to file your I134, including co sponsors, is at interview time, so its not too late if thats what you want to do.

Sisyphus

Male

China

2010-11-16 21:02:00

My check was cashed but ......What ?

Hi,

I sent my k-1 packet off July 02, 2010. I see through my bank that the $455.00 was cashed yesterday, but thats all i know so far...What does this mean? Will I get NOA1 soon?

They cash your check faster than Obama can go on a golfing vacation. It means you will get your NOA hardcopy soon. Congratz!

:star:

SuperDuper!

Male

2010-07-17 22:43:00

We filed for the K-1 Visa, BUT.....

Yes, send a one page letter to the USCIS, and cc it to the NVC and withdraw your petition and I-864 affidavit of support.

ps, you don't need to notarize such a letter, but many uninformed persons will recommend it, so consider the source.

Kudos to you to seeing a scam unfold right B4 your eyes. Take action now to protect yourself, then move on to find true love.

:star:

SuperDuper!

Male

2010-05-30 22:38:00

medical exam concerning tattoos in mexico

Tattoos and piercings have no bearing whatsoever on the medical exam. They will do bloodwork to check for communicable diseases and a chest x-ray to check for TB. That's about it. They might ask questions out of curiosity, just because they can. Don't worry. He'll be fine.

What if a Mexican male has The Black Hand on his chest? No big deal, right?

All tattoos mean something and are NOT created equal.... :whistle:

SuperDuper!

Male

2010-07-22 00:00:00

I-129F help

I-129F package requires proof of meeting and proof of ongoing relationship. You will need further proof of ongoing relationship at the interview.

Play it safe, and front load your application. Loaded for bear is preferable. Good luck.

:star:

SuperDuper!

Male

2010-08-07 22:30:00

I will get a ban????

we do, but finally we decided take more time.

Hmmm, did you consider the CR1 visa? It takes longer than a K1. Sorry to be so surprised at your post. Most couples here want to be together yesterday.... :unsure:

SuperDuper!

Male

2010-08-20 20:16:00