K1 question -please help!

[kitty23 0]

Dear all,

I need to know if NOA2 for those who applied for fiance and children mentions the name of the children as well.

Thank you so much!!!

[Audy_Rob 26]

Dear all,

I need to know if NOA2 for those who applied for fiance and children mentions the name of the children as well.

Thank you so much!!!

Your question is not quite correctly formed.

NOA2 applies to the I-129F petition, typically approval. In the I-129F the USC petitioner must list ALL children of the foreign beneficiary. There is no statement on the petition as to which children will be joining or following the beneficiary. So USCIS does not know which if any of ALL the listed children will be applying for the derivative K-2 visa.

So the short answer is NO, NOA2 does not list the children because it knows nothing about which if any children have anything to do with the process.

Do you understand?

[kitty23 0]

Well, apparently that is not entirely accurate. We thought so too only to find out that my son - whose name we mentioned on the K1 petition as you said, thinking that it is only for information purposes, was in fact included in the petition based solely on that piece of information. We have not included him in the affidavit of support or in any other document since he didn't want to follow or join. However, he was called by the embassy for an interview but he didn't show up.

Since then he appeared before a counsel at the embassy to apply for a visitor visa. His visa was denied based on the fact that a K1 petition was filed by us on his behalf. So we sent a letter to the embassy trying to explain that it was a mistake and he has never been included in the petition. Their answer was - well, yes he was - look at field 13 on the I129F. We were puzzled. They don;t believe us that it was an honest mistake - and maybe, just maybe, someone at the embassy didn;t do their job as they should have.

Now I am trying to prove that to the embassy and I don't know how. I was wondering wether NOA2 would be of any help.

Please, if anyone has ever been through a similar situation, help!

Your question is not quite correctly formed.

NOA2 applies to the I-129F petition, typically approval. In the I-129F the USC petitioner must list ALL children of the foreign beneficiary. There is no statement on the petition as to which children will be joining or following the beneficiary. So USCIS does not know which if any of ALL the listed children will be applying for the derivative K-2 visa.

So the short answer is NO, NOA2 does not list the children because it knows nothing about which if any children have anything to do with the process.

Do you understand?

Edited April 20, 2010 by kitty23