Wife's Daughter

[kennym 275]

All

Now-Wife, K1 Beneficiary, has an 8 year old daughter still living in Colombia with her father (daughters father).. As part of the K-1 Petition, I included her daughter in the Petition as the K2 Beneficiary. when we set up our appointment at the Embassy in Bogota, I also included all the forms for her daughter, (DS230, and DS156K, DS156, and So forth).. We did not have the Fathers Permision, but felt he would provide the needed permission with the year. The CO at the Embassy told we could schedule the interview separately within one year.. We are still hoping for the permision from the father and will hopefully be able to do the Visa for her at a latter date..

So now, some new thoughts have come to mind.. As it turns out, my wifes parents are applying for a tourist visa. And it seems they are in good shape and able to show good ties back to Colombia, fanancials and so-forth... what we were wondering is, it would be soo cool if we could also do a Tourist Visa in the meantime for my wife's daugter.

With the pending K2 and the fact that she's 8 years old (A Minor), what would we need to show for a minor to have compelling ties to back to Colombia.. Now one thing that comes to mind here is the father.. He would more than likely allow the daughter to come visit for a period of time, but may not be ready to let her immigrate permanently.. Does that carry any wieght for "ties". What I mean is, if the daughter does not have permision to stay permanently, then that shows a compelling reason for the daughter to return..

Other than the father of course who still must allow the minor to visit, he would not currently allow his daugther to permanently immigrate at this time...

We feel the permission for his daugter (my wifes daughter) will come later this year with a personal visit from My wife to Colombia to work out the details of an agreement we intend to make with him for his permission. But in the meantime, we're hoping there is an interim solution like the possibilty of obtaining a Visitors visa.

One other thought that seems to be boucing around in the empty space between my ears is the AOS for her daughter. Today, I am ready to send in the AOS Papers for my wife. So, when we finally have her daughter here, do I need to do the whole thing over again for her.. Does an 8 yr old have the same requirements as her mom as far as staying in the US? what if she must travel to Colombia to spend part of the year with her father? Will that result in the abandonment of the Resident Card?

I'm sorry if I ask some questions that may seem obvious to anyone else, but it seems that if USCIS doesn't realize that foriegn partners sometime have these issue like the need to have one of the parents abroad and the other in the US and bot parents want to be a part of the childs life, it would seem natural to have some accomadations for that in the AOS Process and Immigration Process...

Anyone, please take your time and consider these questions carefully and if there are things that I did not include which you need to know to answer me, please ask...

Thanks for everyones help on this matter..

Kenny

[YuAndDan 153]

Not and adjustment of status topic, not asking about filing an I-485 to USCIS, you are asking about a tourist visa.

Moving to tourist visa forum...

[YuAndDan 153]

I will add this may run into problems at the consulate, it is not the immigrant intent that is the problem, it would be the parental permission to travel.

[kennym 275]

I will add this may run into problems at the consulate, it is not the immigrant intent that is the problem, it would be the parental permission to travel.

Well

That's what we're trying to understand... I hope you don't think we're trying to take her daughter away without the father's permision.. We intend to get permision.. Please re-read our post.. We are looking for advise from anyone who has the answer.. By the way, this does have to do with AOS.. Again re-read the Post. I am asking several questions regarding AOS..

Thanks

Kenny

[SunDrop 59]

One other thought that seems to be boucing around in the empty space between my ears is the AOS for her daughter. Today, I am ready to send in the AOS Papers for my wife. So, when we finally have her daughter here, do I need to do the whole thing over again for her.. Does an 8 yr old have the same requirements as her mom as far as staying in the US? what if she must travel to Colombia to spend part of the year with her father? Will that result in the abandonment of the Resident Card?

The quick answer to your K-2 AOS question, seeing as she'd be a K-2 to follow and you are not filing the AOS paperwork alongside the primary beneficiary/ applicant, is yes. You are going to have to do it all over again, with the exception of the G-325A, since biometrics are not required. You will also need to file a new I-864 and updated supporting documentation. The full fees will be payable, less the biometrics.

No, your step-daughter can travel to Colombia to visit her father, but I'm assuming she'll be in school, so just how much time is she realistically going to be spending out of the US/ school? There is an application you can submit if you believe she's likely to be out of the US for more than 1 year. Remember there are many K-2 kids who are finishing off school/ university who spend most of their time outside the US, while retaining their resident status with no issues.

Take a look at the link in my signature that is the K-2 AOS guide and also see the thread linked in the bottom of this guide for more 'conversation' about the K-2 AOS process.

I'm sorry if I ask some questions that may seem obvious to anyone else, but it seems that if USCIS doesn't realize that foriegn partners sometime have these issue like the need to have one of the parents abroad and the other in the US and bot parents want to be a part of the childs life, it would seem natural to have some accomadations for that in the AOS Process and Immigration Process...

To be brutally honest, this should have been part of your now wife's consideration in immigrating and is between her and her ex/ her daughter's father as far as visitation goes. I'm not sure what realization you expect the USCIS to show that they don't already. I wouldn't have begun the K-1 process without having my ex's written consent to allow my daughter to permanently move to the US. There was no way I was leaving her behind with him or my parents and I couldn't risk going through all the immigration process, only to have him turn around and refuse permission.

My ex-husband had to sign over sole-custody to me to satisfy US/ AZ state laws as far as legalities went. He also signed to say he allowed her step-father to have parental responsibility of her upon marriage to me, in order to satisfy British law. My daughter was nearly 8 the first time she met my now-husband, absolutely adores him and sees how much happier everyone is now we're living together. With the exception of my ex-husband, of course. I hate that they can't maintain a closer relationship on a daily basis than they do, but she is far better off in a stable, happy home environment and even though it's hard for her bio Dad to see that, he's not a fool.

Point I'm making is, K-2 kids are the perfect example of what they mean when they say, "sometimes to truly love someone is to let them go."

The USCIS have no business interfering with all the considerations of immigration when a child is involved. They exist to protect the US and her citizens by facilitating a legal immigration process. That's it.

[SunDrop 59]

Well

That's what we're trying to understand... I hope you don't think we're trying to take her daughter away without the father's permision.. We intend to get permision.. Please re-read our post.. We are looking for advise from anyone who has the answer.. By the way, this does have to do with AOS.. Again re-read the Post. I am asking several questions regarding AOS..

Thanks

Kenny

I think Dan is right to move it, since your first question is in relation to obtaining a tourist visa for a child who also has a pending K-2.

My opinion, and that's all it is, is that you are going to be hard pushed to provide enough documentation to show there is no immigrant intent.

You might have some success if you can get the father to write a letter saying he's aware that his child xyz has a K-2 to follow visa application pending, that she is traveling with her grandparents on such a date and is expected to return on such a date, where she will return to such and such a school.

Part of the reason they're going to be tough about it is although they're clamping down in some areas on AOS from tourist visas, I don't think they are as strict with minors, since they are not the ones making or accountable for the decision to AOS.

I know if the K-1 AOS is refused, the K-2 derivative is automatically, same with ROC. I haven't seen or heard of a minor being denied for AOSing from a tourist visa while still a minor, and for this reason I think the Embassy are going to be very reluctant to issue a tourist visa.

Also, just know if you are successful by some wonderful miracle of getting her a tourist visa, make sure she goes home when you said she would. Maybe someone with a much better range of knowledge than I have can say what happens to both the K-1 adjuster and/or the incomplete K-2 turned tourist adjuster, should they suspect that said tourist visa was obtained by way of misrepresentation.

edit for clarity

Edited March 1, 2011 by SunDrop

[On the Road Again 2]

It has been my experience gathered from the many Colombians who have had somewhat similar experiences is that the child will not be granted a visa other then from the K-1 you are applying for. That's just on the USA end..... the Colombian end is even more complicated and you would not be able to leave Colombia with the little girl without a letter from the child's father granting permission and that has been notorized and possibly signed by a Colombian Judge. The only way I see her leaving is through your fiance's K-1 with permission from the father.

[kennym 275]

It has been my experience gathered from the many Colombians who have had somewhat similar experiences is that the child will not be granted a visa other then from the K-1 you are applying for. That's just on the USA end..... the Colombian end is even more complicated and you would not be able to leave Colombia with the little girl without a letter from the child's father granting permission and that has been notorized and possibly signed by a Colombian Judge. The only way I see her leaving is through your fiance's K-1 with permission from the father.

Thanks everyone for your answers...

We absolutely, do have every intent to follow the law.. That said, I realize that the descission lies in the hands of the CO and thier belief of our intent.. So, any useful advise on how to best address that is greatly appreciated..

What we had agreed to with the father was exactly what we did.. He wanted to ensure his daughter wasn't comming to a dangerous situation. after all, it's my now wife who knew me, and was engaged to me, not the daughters father.. So, he explained that he would like for my fiancee at the time to go first to the USA and make sure her environment was going to be a safe one.. I felt that his request was absolutely reasonable.. After all, what if we were talking about my child? How could I ever feel comfortable letting my baby leave not just my home, but to a foriegn country that I not only have never been to, but may likely never be able to go? Come on, how can anyone think that's unreasonable?

Many Colombians beleive that the News stories they hear on CNN and other News Networks are real daily threats that we live with constantly. And the shootings and outrageous crimes occur regularly.. I know this was a fear my wife had before coming as well as her family.. Maritza soon realized after getting here, things in my little town are pretty safe. We can leave the doors open all day, we can leave the car unlocked and stuff in the car and there's an excellent chance nothing will happen.. Now that's not the case in many bigger cities, but it is here... So, the message is getting back to her family that things are not as bad as they had beleived and the American Fiance wasn't trying to lure thier daughter into an unsafe place.. (They really felt comfortable with me) but you know the thought goes thru thier minds when they are preparing to send their daughter to foriegn place with a foriegn guy, "do we really know this guy?", Even after 4 years of dating before leaving, they may had an occasional question in thier mind.. but the Daughters father on the other hand, barely new me at all..

We hope to give her daughter a chance to visit before the father gives the final approval.. Maybe the best way to handle the Immigration Paperwork is to get the permission from the father, bring her in on the Dirivative K2, then do an AP travel document so her daughter can return and spend the rest of the school year with her dad then come here to start her education..

We are not, repeat, NOT, trying to circumvent Immigration Law or any intent of the process, or intend to bring her here to keep her against the fathers wishes, so please put those thoughts out of any ones heads, we are just simply trying to consider all parties involved and use the most sensible process possible to let mom and daughter be together to explore the new home together, then return for a short while to Colombia then hopefully at the end of this school year in Colombia which is the end of November we can have everything ready, in terms of Immigration, for her daughter to come to live in the US.. After that, we would like her daughter to spend summers in Colombia with her dad..

We are looking for the best way to approach all this and also, I have a question for anyone from Colombia; how does the father need to word the letter giving the child permission to leave the country to visit and how does he need to word the letter giving the child permission to Immigrate?

So, if someone out there has some thoughts, on how to best handle a situation like this, we're all ears... Again, we want everyone to realize, we are looking for advise, on how to handle this properly. We have no Malice Intent! we aren't interested in breaking any laws or circumvent any immigration process.. We are looking for help in an area we know little about..

Thanks Agian

Kenny

[SunDrop 59]

I don't think anyone is suggesting that you are trying to circumvent the law. Where people have discussed the K-2 vs. tourist visa it is to explain why they are of the opinion that applying for a tourist visa while there is a pending K-2 application is going to be unsuccessful. We are not the deciding COs but experience does show us how they think. It's not us that you would need to convince, but them.

My opinion is that your plan to execute the K-2 application to follow is a good one. Get her AOS paperwork set up to be mailed as soon as she enters the US and once you receive her AOS NOA1, you can make an infopass appointment and request that her AP is expedited so she can return to continue her academic year to completion in Colombia. I don't know what the Colombian school calendar is like, so you're best placed to judge when would be a good time.

The other consideration is that it is cheaper to file both their AOS concurrently, rather than mom then daughter's.

With some careful timing, going off advice from fellow Colombians and timelines here, you might be able to have her Grandparents accompany her on the flight to the US

[On the Road Again 2]

Well I can help you with what to rule out. Anything is possible but I'd eat my hat in Macy's window if you got a tourist visa for your step-daughter. The USA Embassy turns down tourist visas like Harvard denies admission for "C" students. It's just not gonna happen that way.

Sorry I have no answer beside what I mentioned. It's going to take time and lot's of it.