confused and worried

[Dave61 1]

Can any one give me some learned information on the following:

Fiancee issuded K1 Visa at US Consulate China, only son issued K2 at the same time and received one envelope for entry into USA to be opened by an immigration officer at point of entry, He did, but gave nothing for the K2

K1 Enters US within specified time limits on 12/29/2011

K1 Married US Citizen sponser 1/7/2012

aplied for step 1 as difined on U?SCIS home page via links for obtaining a green card for your spouse

describes 2 step process

1/... Apply for I-130 (applied feb 8th 2012 via mail)

2/... I797C for I-130 receipt notice received on March 4th with priortity date 2/27/2012

K2 enters the USA on 3/19 with the sposer (US Citizen), immigration asked for the envelope we never received a K2 envelope

They detained us for 4 hours, retained his passport and allowed a parolled entry until 4/25

(the original idea was to apply for the K2 I 485 at the same time as the K1

Visited the DHS specified appointment venue with mother and child at the specified time on 4/25, they told me they need another month to sort this out with the US consulate in china, and then informed me that I have a really big problem with my wife as she is now considered illegal, he said he would give a month to sort this out by 5/24 and advised me to get an info pass (4/30) prep all aspects for the 485 and support documents, fee's etc and submit during the info pass appointment. If she does not get a 485 application she will be detained on 5/24 and deported on 5/25.

USCIS describes a 2 step process, step one is complete but step 2 was delayed for 2 reasons, a) my company sent me to Canada on an assignment for 3 weeks and 2 my understanding of submitting the step 1 requirement was enough to establish her AOS process status

Can anyone guide us on the implications of this, is this fixable without her being sent back to her country, I am a US citizen and she is my wife, thanks to all who try and shine light on this mess in an effort to help us resolve this

[Darnell 8,478]

the DHS office is wrong. Was this a subunit of CBP? ALL IS FIXABLE without her leaving, but you need to start collecting fax numbers of these 'dhs offices' that yer visiting, todayish, as yer gonna send them a pile of stuff in the near future.

I'll write more later, but I have to go now - I'm nursing a wrenched knee and it's time for nappies.

Edited April 27, 2012 by Darnell

[Dave61 1]

the DHS office is wrong. Was this a subunit of CBP? ALL IS FIXABLE without her leaving, but you need to start collecting fax numbers of these 'dhs offices' that yer visiting, todayish, as yer gonna send them a pile of stuff in the near future.

I'll write more later, but I have to go now - I'm nursing a wrenched knee and it's time for nappies.

[himher 634]

Did you file an I485 package for your wife?

All is fixable and you are OK. Just advised not to leave the country for any reason right now.

Can any one give me some learned information on the following:

Fiancee issuded K1 Visa at US Consulate China, only son issued K2 at the same time and received one envelope for entry into USA to be opened by an immigration officer at point of entry, He did, but gave nothing for the K2

K1 Enters US within specified time limits on 12/29/2011

K1 Married US Citizen sponser 1/7/2012

aplied for step 1 as difined on U?SCIS home page via links for obtaining a green card for your spouse

describes 2 step process

1/... Apply for I-130 (applied feb 8th 2012 via mail)

2/... I797C for I-130 receipt notice received on March 4th with priortity date 2/27/2012

K2 enters the USA on 3/19 with the sposer (US Citizen), immigration asked for the envelope we never received a K2 envelope

They detained us for 4 hours, retained his passport and allowed a parolled entry until 4/25

(the original idea was to apply for the K2 I 485 at the same time as the K1

Visited the DHS specified appointment venue with mother and child at the specified time on 4/25, they told me they need another month to sort this out with the US consulate in china, and then informed me that I have a really big problem with my wife as she is now considered illegal, he said he would give a month to sort this out by 5/24 and advised me to get an info pass (4/30) prep all aspects for the 485 and support documents, fee's etc and submit during the info pass appointment. If she does not get a 485 application she will be detained on 5/24 and deported on 5/25.

USCIS describes a 2 step process, step one is complete but step 2 was delayed for 2 reasons, a) my company sent me to Canada on an assignment for 3 weeks and 2 my understanding of submitting the step 1 requirement was enough to establish her AOS process status

Can anyone guide us on the implications of this, is this fixable without her being sent back to her country, I am a US citizen and she is my wife, thanks to all who try and shine light on this mess in an effort to help us resolve this

[Darnell 8,478]

was the I-130 filed for the wife or the child?

and

did you file an i-485 for the wife, or no ?

[sorry, baasic questions, I really am going for nappies now]

[Dave61 1]

Darnell,

Appreciate your prompt response, the sub unit or office ans an actual USCIS office we visited was located in Lee Road Houston by the intercontinental airport, I have gentlemans name from the USCIS / Dept of Homeland Security who made these statements.

If obtaining a green card for a family member is a 2 step process, and you can't submit step 2 (I-485 without the I-797 receipt letter copy)until you have receipt of the letter from step 1 then surely this green card aquisition process has commenced within the time line specified, I know concurrent filing is allowed for us but with the K2 arriving a little later I thought it best to do everything together! Never expected for a second to hear this on Wednesday or the K2 passport being retained. After talking to this officer I am not so sure and feel terrible. But if he is right and she has to return home it will tear our hearts out in a really big way.

Look forward to your further comments later when you free up some time, just got a shot of cortasone in my right knee and you have my full sympathy, good luck with the nappies, glad my time with that one is done.

[Dave61 1]

Only the I-130 was filed for my wife, she has now received her social security number, the I-485 is not filed, I will file during the info pass appointment on 4/30 in Houston, my wife's I-94 expired on 3/28/12. The priority date on the I797C for the I-130 is 2/27/2012.

They have retained the K2's passport until 5/24 now (the next scheduled meeting to allow them time to communicate with the consulate in China and sort that one out), so he will need to have a seperate application processed once his parolled status is lifted and he gets properly entered.

[belinda63 2,981]

Why did you file the I-130?

[rocks 494]

Where are they getting the 5/24 date from? Is that the date the K-1 expires?

[Dave61 1]

Where are they getting the 5/24 date from? Is that the date the K-1 expires?

[Lainie B 465]

Why did you file the I-130?

I was wondering that too.

[Sandra G. 5,006]

He made a mistake submiting just the I-130. It's wrong of course, but she can submit now inside the USA the I-485. You messed up a bit, but I saw several cases like yours. She will be fine.

[Dave61 1]

Belinda63

USCIS home page has links:

1/...obtaining a green gard for your family member

2/...for your spouse

3/... describes a 2 step process for filing from within the USA:- 1/... Sponsor applies for a I-130, 2/... Once the I-130 receipt letter I-797 is received, then apply for I-485 including a copy of the I-797 for the I-130, we followed the 2 step process defined therein

Rocks

The guy we met Wednesday 4/25 at the Houston DHS office, upon arrival there he asked for our envelope (the one we never received for the K2 hence his passport being retained in O'hare airport chicago), they had done nothing since receiving his passport direct from chicago and extended his parolled stay until 5/24, and at the same time gave us one month verbally to return there with my wife and son, for the son: to buy time to communicate with the consulate in china, and for my wife to give me time to fix this problem and show evidence of same to prevent her from being detained and deported

[Dave61 1]

He made a mistake submiting just the I-130. It's wrong of course, but she can submit now inside the USA the I-485. You messed up a bit, but I saw several cases like yours. She will be fine.

Now I understand this is not correct, but if you follow the links it is said to be a 2 step process, the immigration officer told me if I just file the I-485 now it would be rejected because it is beyond the 3/28 window I-94 expiration date, he then suggested making the info pass appointment and submitting the I-485 then and there, thats been set up for 4/30/12.

Thanks for your input, very much appreciated

[belinda63 2,981]

Tip number one. stop listening to the CBP people. They know little to nothing about immigration.

Your wife arrived on a k-1, if you married within the 90 days you are ok to file the I-485 along with other things (follow the guide) and adjust status for her even if the I-94 is expired. I don't know why they said to submit her paperwork at the infopass appointment as it has to be mailed to the Chicago lock box to be processed. I don't think they will accept it at the local office (maybe call and check?)

Sounds like maybe you didn't state the son would be a follow-to-join so the consulate put all the paperwork in one envelope thinking they would arrive together. Of course you would have no way of knowing this since you can't open the envelope.

Sounds like the only problem is tracking down the son's paperwork and I am willing to bet it is all in the one envelope but who knows where that ends up after entry. My best guess is try to get a copy of what was in the son's brown envelope sent from the consulate to the appropriate authority here in the US or else track down the original brown envelope and see if his paperwork is in it. How you could go about doing this I don't know but this is the main issue.

Despite this your wife is here with no status (after the I-94 expires)until you file for her to adjust status. Highly unlikely she will be deported. The son is in limbo until his paperwork is found, but this is not your nor your family's fault...The US government has messed up yet again.

Edited April 27, 2012 by belinda63