AOS and I-864 questions

[deer 1]

I am filling out my wife's AOS packet and a recent thread on VJ recently has got me thinking and doubting the way I filled in Part 3 of the I-864, Affidavit of support. For 8. I checked " I am sponsoring the principal immigrant named in part two above," and for 9. I checked that I am sponsoring the following family members immigrating at the same time or within six months...., and I put down our daughter's name and info, (My step daughter).

The little girl is 13 years of age and she has just received the instruction packet from Guangzhou, and we won't be sending in the completed packet until my wife gets her AP so she can travel back to China to attend the interview with her.

Should I not be including the child's name on my wife's I-864 form? Is the K-2 considered a separate visa petition, and I don't list the child until I fill out her own separate form when I apply to adjust her status when she eventually gets here?

Also, for #8 of part 3 it lists a YES and NO box, I would check the YES box? It seems checking the first box after #8 already answers in the affirmative, but I thought I would post my question and make sure. Thank You for any and all help/comments!

[Otto 83]

** Topic moved here (family-based AOS) from "US Embassy and Consulate Discussion"

[Darnell 8,479]

I see some other issue, on this 'K-2 follow to join' casefile -

The daughter has 1 year from the time of the mother's visa approval date, to the time of the K-2 interview, to 'get ir done'.

[deer 1]

Yes, Darnell! I am glad you mentioned that. I have been told that we would be OK since it was GUZ's fault for taking so long with processing the child's case. My wife was issued her visa from USEM Abu Dhabi and they transferred the case to Guz on 12/01/2009. A series of comm snafus led to GUZ just now sending the instruction packet to the child in China a week ago. GUZ said they were waiting for a paper file, ABD kept saying they sent an electronic copy and they will have to load it from the "IVO-Topics-Status/Receive case transfer." GUZ could not figure this out til a few weeks ago and then they kept sending e-mails referring to my wife's E-MAIL NAME as the beneficiary for the K-2 visa! This would be hilarious if it wasn't our family being together at stake! Do you know if it is correct that we should be OK since it is the Embassy's fault in taking so long in the processing? My wife was issued her visa on 11/25/2009 and case transfers on 12/01/2009, that is pretty quick, this should have been over a long time ago.

[Darnell 8,479]

IMO - the only thing that makes the difference is that 'one year span' from Mom's visa issuance date to child's interview date.

Sure, GUZ f'ed up, but if some entity is telling you that you'd be OK , then you should be OK. I think. Maybe.

At this point, the DOS Hotline should be on yer speed-dial, if it's not already - they'll know all case status about the K-2 casefile in GUZ.

Are you slamming the GUZ IV Unit via email, at all? If not, you should. Sure, is lag on turn-around time for any answer, but at least you get an email trail of frivolity (sometimes with positive results).

I'm convinced the ppl handling the casefile, initially at GUZ, were Chinese Nationals, and not USC Consular Employees. Stupid F@$@s.

FWIW, ABD Consular Staff should be able to 'coach GUZ IV STAFF' into doing the right thing, and quickly, so if you get any further stupidity at GUZ, contact the ABD folksen, have them get on GUZs @ss about this stuff.

IIRC, the child will need to get a P-3 packet back to the IV UNIT, so as soon as she has a GUZ #, can send off a P3 packet to GUZ, without waiting for stuff. (DOS HOTLINE will know the GUZ Casefile #, if you don't have it yet). P3 documents found at http://guangzhou.usembassy-china.org.cn/forms_and_packets.htm in the K Visa Instruction Packet (“Packet 3”) section. IMO, GUZ IV receiving a P3 packet should 'force' them into some normalcy for further processing on the casefile.

I don't know squat about GUZ IV extending that 1 year 'validity date' on a K-2, seriously. I do know they automatically extend vaildity dates for K-1s, though, because of that stupid 2 to 5 month 'dead zone' lag time at the bonded warehouse .

Good Luck !!!

Edited May 19, 2010 by Darnell