Total mess for K2

[Dave61 1]

On our petition for K1 and K2 visa's in Guangzhou China, on DS-156K and DS 230 part 1 we indicated the child would follow the mother. The Consulate sent only one envelope which my then Fiancee gave to DHS on arrival 12/29/2011 at Newark NJ, my then fiancee thought she spotted the K2 packet when the BPA opened the envelope but refused to re-seal the K2 packet and hand it over to her even though he was aware the child was not with her and she was immediately ushered out of the office in newark airport. We got married within the 90 days and filed i-485 to adjust her status, on 3/19/2012 I entered the US (as USA Citizen with the K2 Child. They border patrol asked for the K2 envelope, we never received. And held us for over 4 hours then gave him a paroled entry withholding his passport and telling us the local office in Houston would be able to straighten this out with the time allowed, they then advised us to go to a deferred entry appointment on 4/25 at 11 am, there we were asked again for the envelope, then given another month on the paroled i-94, then on the 2nd appointment we were told that they were not getting a response from the consulate in china and that i should communicate with them. Email via web form sent, reply next day confirmed the Ks was inside the K1 envelope and we should have had the K1 and K2 enter together, even though the DS-230 Pt1 and DS156K clearly indicated the K2 would travel later. We only became aware in O'Hare airport when we both arrived on 3/19/2012 that a separate envelope for the K2 was in fact required. It is clear from the reply received from the Consulate in China that are not willing to send us a copy of the K2 packet. The DHS BP agent explained that he is giving us one more month on the K2 i-94 until 6/25 to sort this out myself, and said in no uncertain terms that if I fail to do this the child would be removed and have to return to China, he has been attending school here for over 2 months and is doing great, the Mother - (my wife is in application for 485 and can not leave until the process is complete) is distraught with worry, continuously crying not sleeping and in full panic mode. Yesterday I we opened a DHS-Trip case on this and received a response saying a minimum of 30 business days is needed to investigate.

1/... Is it possible for DHS-TRIP to correct this?

2/... Can I file the i-485 for the K2 with a paroled entry status

3/... What do we do if the Deferred inspection officer insists on the childs removal next month when the present extension is near expiration

Can anyone help us understand this total mess

Thanks in advance for all who try

[Ryan H 3,790]

Moved from K1 Process & Procedures to Adjustment of Status from Family Based Visas; topic is an AOS issue.

You may need to consult and/or retain an attorney.

[belinda63 2,981]

Have you tried a service request to find out where the brown envelope was sent after entry into the US? USCIS should have it somewhere, probably wondering why your wife has filed for AOS and not the child since they have both packets. Normally the brown packet is forwarded to the local office, maybe try to contact the center that is processing her AOS?

[JimVaPhuong 4,863]

What is the entry class on the I-94? A K2 entry class is usually admission and not parole. If it's K2 then the child can adjust status. If it's anything else then the child cannot adjust status as a K2. If you married the child's mother before the child was 18 then you can still file adjustment of status for the child if you concurrently submit an I-130 petition. Just to avoid confusion, you can explain on your cover letter about the bungle with the K2 packet.

[Darnell 8,478]

I remember yer prior post, and I wrote up some stuff.

Did you see what I wrote ? or no ?

[Dave61 1]

Have you tried a service request to find out where the brown envelope was sent after entry into the US? USCIS should have it somewhere, probably wondering why your wife has filed for AOS and not the child since they have both packets. Normally the brown packet is forwarded to the local office, maybe try to contact the center that is processing her AOS?

Thanks Belinda63, how do you go about making a service request? The original envelope was surrendered to the border patrol agent in Newark New Jersey, what do you suggest?

[Dave61 1]

What is the entry class on the I-94? A K2 entry class is usually admission and not parole. If it's K2 then the child can adjust status. If it's anything else then the child cannot adjust status as a K2. If you married the child's mother before the child was 18 then you can still file adjustment of status for the child if you concurrently submit an I-130 petition. Just to avoid confusion, you can explain on your cover letter about the bungle with the K2 packet.

Thanks for taking the time to respond. The original i-94 was stamped "PAROLED" and was attached to a letter titled "ORDER TO APEAR DEFERRED INSPECTION" valid until 4/25, at the appointment the original i-94 was removed and replaced with a fresh i-94 also stamped paroled until 5/24 (attached onto the same letter), on 5/24 a new i-94 was attached to the original letter - stamped paroled until 6/25 - purpose = deferred inspection! On the letter originally issued in Chicago O'Hare airport by a Supervisory Officer dated 3/19/12 there is one box which has no title where it states F0327108, K2 / 850

All the paper work was ready to file i-485 on 4/25, but then i made an info pass with USCIS in Houston to clarify a situation with my wife ahead of filing for AOS, the ISO that eventually spoke with me advised me not to file AOS for the K2 until the paroled entry was removed so I held of filing them together and went ahead with my wife's i-485 application only. Hoping the Border Patrol agent would do as he promised when we met him on 4/25 and clear this up by 5/24 instead he said he had been trying and said the boy would have to return to China if it was not corrected, he said he had exhausted his potential because the consulate in guangzhou would not reply to his emails. Quite frankly I do not trust this guy or even believe he tried, the Consulate responded immediately to my initial inquiry with 24 hours, but not with a response which was helpful other than confirming the K2 envelope was included inside the K1 and they referred us to DHS-Trip

[Dave61 1]

I remember yer prior post, and I wrote up some stuff.

Did you see what I wrote ? or no ?

Thanks Darnell: yes we saw your note, see embedded comments therein below and some additional info:

1. The K-1 visa is invalidated once it's stamped in at the USA POE. Having an expiration date on the K-1 visa is only useful for 'when to travel' - one must arrive in the USA prior to that date. ALL IS FINE HERE

2. You filed the wrong set of paperwork (that I-130). You needed to file the I-485 set for Adjusting from a K-1 visa - see http://www.visajourn...om&page=k1k3aos . Plan on including the child with the I-485, so that's 2 sets (IIRC) and two fees. Do the math on the fees, it'll get messy, there are discounts when 2 are filed together. WHEN I WENT TO USCIS IN HOUSTON THE ISO ADVISED NOT TO FILE FOR THE CHILD UNTIL I CLEARED UP THE PAROLED ENTRY FOR THE K2 AS SHE THOUGHT THE I-485 WOULD BE REJECTED BY USCIS AS A RESULT AND THE FILING FEE'S FOR THE K2 WOULD BE LOST

3. The K-2's paperwork is in the big envelope that was handed over to CBP when the K-1 arrived, with the K-1 casefile. You don't need it, per se, but it was to be handed over at a POE. YES THIS IS CORRECT, THE CONSULATE IN GUANGZHOU RESPONDED TO A WEB FORM REQUEST FOR A COPY BY CONFIRMING THEY HAD IN FACT INCLUDED THE K2 INSIDE THE K1 ENVELOPE. ON THE DS156K AND THE DS-230 PT1 FORMS SUBMITTED TO GUANGZHOU WHILE IN VISA PROCESS I CLEARLY INDICATED THE CHILD WOULD FOLLOW THE MOTHER AT A LATER DATE WHICH WAS ALSO DEFINED WHEN THAT WOULD BE

4. Fax stuff to send out on Monday:

-- Letter of explanation stating that you erroneously filed the I-130 when you should have filed the I-485. Show that you are filing two I-485s now, one for yer wife, one for the child. DID THIS AND HAVE RECEIVED THE I-797'S FOR MY WIFE FOR HER AOS

-- Demand letter to return the passport, as it was erroneously held by a USCIS officer who did not understand anything about a K-2 follow to join case. HAVE HAD THE K2 PASSPORT RETURNED AND IT IS NOW IN HAND WITH 3 PAROLED STAMPS IN IT FOR DEFERRED INSPECTIONS, CURRENTLY SET FOR 6/25/12 AT 11 AM

-- Letter of Explanation explaining that the K-2 came later in the calendar, even though the interview was at the same day. You failed to tell the VO at GUZ IV that the child would follow later (I DID STATE THE CHILD WOULD FOLLOW THE MOTHER AT A LATER DATE), so all of the K-2 file was included in the K-1 file, and the K-1 file (including the K-2 file) was already turned in at the POE. (CORRECT - CONSULATE IN GUANGZHOU HAVE CONFIRMED THIS IN AN EMAIL RESPONSE) Remind them that it is ON THEIR OFFICE to ask for the K-2 paperwork to be retrieved from the national archive, and that they should start the request asap. Remind them that they can see all of his casefile , all of your wife's casefile, WITHIN the SAFEFILE system, in real time. In the end, it still may be possible that GUZ IV not include his K-2 paperwork in the visa packet, after all, but a quick lookup in the SAFEFILE system will confirm all. THIS WAS SUGGESTED TO THE BPA IN HUMBLE HOUSTON ON THE 4/25/12 MEETING AND HE SAID HE WOULD LOOK INTO IT??????????? DO NOT BELIEVE HE DID AS ALL HE TOLD US ON THE 5/24 MEETING WAS THAT HE HAD EMAILED THE CONSULATE IN GUANGZHOU BUT HAD NOT RECEIVED A RESPONSE

-- Letter of Explanation claiming the USCIS officer in Houston has given you erroneous information and imposed an invalid deadline, as a K-1 and K-2 adjustment of status 'time to file' does not hinge upon the expiration date of the I-94. Remind said officer that the INA REGS and 9FAM do not stipulate a deadline of filing the Adjustment of Status, there is only suggested guidelines when filing (when adjusting from a K-1) past the 2 year POE anniversary date of the I-130 and I-485 together, concurrently. Also declare that you are adamant with being given erroneous information and that you prefer to deal with this person's supervisor instead of that person. If you get any chaff about this, remind them that the Ombudsman's Office can clear up procedural errors and ignorance very quickly, in the end requiring them to attend refresher training classes. Also demand that he rescind any deadlines that he imposed, as they were done in error, and demand the child's passport to be returned. THE BPA WAS OFFERED A COPY OF MY WIFES I-485 - I797 RECEIPT NOTICE AND DECLINED TO VIEW IT SAYING THIS WAS NO LONGER A PROBLEM AND THAT I SHOULD FOCUS ON MY EFFORTS TO CLARIFY OR OBTAIN A K2 ENVELOPE CONTENTS COPY DIRECT WITH THE CONSULATE IN GUANGZHOU, OTHERWISE THE CHILD WOULD BE REMOVED

---

Can things be cleared up via an infopass appointment? Maybe. YES - ONLY FOR MY WIFE - THE ISO ADVISED NOT TO FILE FOR AOS FOR THE K2 UNTIL THE PAROLED ENTRY PROBLEM WAS CLEARED UP AND HE WAS PROPERLY ADMITTED If you get a balky human (most USCIS front line officers are poorly trained, less trained than the IRS TeleReps folk call during tax season) then you need to calmly and politely ask for the shift supervisor.

I really hate the situation yer in. It's full of procedural errors, between CBP, USCIS, and you. YOU can get all of this fixed, if you find the right, competent human within USCIS. CHANCE WOULD BE A FINE THING, SEEMS EVERYTHING I TRY AND DO AND WHO WE COMMUNICATE WITH DONT REALLY CARE AND DO NOT TAKE THE BULL BY THE HORNS TO HELP CLEAR THIS UP. NOW I HAVE SENT A SECOND REQUEST FOR THE K2 ENVELOPE CONTENTS COPY TO THE CONSULATE IN CHINA BUT ALREADY KNOW THIS REQUEST WILL RESULT IN MORE BLAME GAME ANTICS ON THEIR PART, EVEN THOUGH THIS IS INDEED THEIR FAULT AS THE DS-156K AND DS-230 CLEARLY DETAILED THE INTENT TO HAVE THE K2 FOLLOW THE K1. SO OUR REAL HOPE NOW IS WITH DHS-TRIP, WE HAVE BEEN COPYING THE BPA IN HUMBLE WITH ALL COMMUNICATIONS BEING SENT TO TRIP AND THE CONSULATE AS WELL AS THE RESPONSES WE HAVE RECEIVED TO DATE. THE RESPONSE FROM TRIP IMMEDIATELY AFTER SUBMISSION STATES THEY WILL TRY AND ATTEND TO OUR CASE WITHIN 30 BUSINESS DAYS AND THE WORRY IS THE NEXT TIME I SEE THE BPA ON 6/25 - WE HAVE NO RESPONSE AND HE REFUSS TO GRANT A FURTHER EXTENSION OF THE I-94 WHICH EXPIRES THAT DAY WHICH HE HAS ALREADY THREATENED TO DO. HOW CAN THESE PEOPLE BE SO IRRESPONSIBLE IS A TOTAL MYSTERY AND A SOURCE OF ABSOLUTE DISSATISFACTION AS LIKE EVERYONE ELSE WE FILED THE FEE'S AS DEFINED, ALL THE PAPER WORK REQUIRED AND OF COURSE PAY OUR FEDERAL TAXES ON TIME EVERY YEAR, THESE PEOPLE ARE JUST A SAD DISGRACE TO THE NATION INAPT IN EVERY RESPECT.

On Monday, I suggest (also) that you call into the National USCIS Hotline, get a Tier 2 Human, an ISO, and explain all. Do not try to explain anything to the first human that answers the phone, just ask for an ISO. An ISO can usually handle all matters over the telephone that an in-person appointment with a local USCIS office (via infopass) can handle.

[Dave61 1]

DARNELL:

DO YOU THINK DHS-TRIP HAS THE CAPABILITY TO RESOLVE THIS?

SHOULD I FILE AOS FOR THE K2 EVEN THOUGH THE ISO RECOMMENDED NOT TO UNTIL THE PAROLED ENTRY WAS REMOVED?

WHAT COULD AN ATTORNEY DO TO HELP RESOLVE THIS?

WHAT WOULD YOU SUGGEST AS A BEST PATH FORWARD?

APPRECIATE YOUR HELP AS ALWAYS, MANY THANKS

[Darnell 8,478]

yes, DHS-Trip filing has a chance to fix this,

as the casefile packet was handled by their staff at the POE and they know exactly where it went after the POE date,

so the casefile packet CAN be retrieved via their subsequent inquiries.

re - all the stuff I wrote, prior? I'm smelling some stuff about things falling on the floor, more procedural errors with the humans you talked with. You really need to get 'a boss' or 'the boss' and b|tch, gripe, complain with FULL explanation of casefile movement.

Currently, 'folk' are asking YOU to get a copy of the K-2 casefile, when in fact, the original is in archives inside of the USA

and

GUZ IV will deny this request, telling who-ever asks for it that the entire copy exists in SAFEFILE.

Anyone with SAFEFILE access can retrieve the K-2 A-File copy. A Competent USCIS officer with the right access, at a local office, for example, can generate a COPY of what's in SAFEFILE, for the K-2 A-File copy.

For now, on Tuesday, suggest you call into USCIS, get an ISO (A Tier 2 Human) and ask him/her to tell you specifically which office in the USA you need to initiate the 'casefile movement' with - as , in the end, the do-all, be-all, trump-all, will be to have the original casefile (with the K-1 and K-2) sitting at a desk at a local USCIS office, with you and a USCIS-human poring over the contents together, in real time. For that to happen, the physical file, the A-File, must be requested from where-ever it is, currently. The ISO at the national call center can tell you where it's at, and how to initiate a casefile transfer request. Remind the ISO that the K-2 paperwork is IN the casefile with the K-1 paperwork, and it's the K-2 paperwork that yer attempting to get an eye-ball review on. If you get a really competent ISO, then that ISO can contact the USCIS officer that you spoke with in Humble Texas, and explain all to that human in Humble. You'll have to ask for that, though.

Failing a physical-casefile-transfer request, you need to have a USCIS officer review the A-File that's stored in the SAFEFILE system on the K-2. That electronic copy is valid for review by anyone (DoS, USCIS, CBP, DHS) with the proper access to DOWNLOAD IT from the SAFEFILE system.

I'm sorry yer having this much trouble.

Edited May 27, 2012 by Darnell

[Darnell 8,478]

Remind me - exactly what is the BPA office in Humble? I think I'm missing one point, here.

Is this also the DHS-BP office? DHS-Border Patrol? IE - you went to a secondary inspection/deferred inspection office to try to suss out what's what? IMO, that was a good thing, but you got an incompetent fool there,

as

a BP agent in Secondary Inspection, a competent one, would have been able to READ the SAFEFILE Electronic Image of the A-File, there at that office.

So, it was an agent in that office that has extended the I-94 but has suggested other foolish stuff to do. Got it. At this stage, USCIS and CBP need to talk with each other, one supervisor-level human to another supervisor-level human. Stop talking with front-line agents, as they are making more muck for the casefile.

USCIS knows where the casefile for the K-2 is. CBP had it for a brief moment in time, and sent it on to the national archives.

ug.

I still recommend the fax campaign, though. I hope you got fax #s.

Here's GoGo's phone book - use it in good health.

GoGo - http://www.visajourney.com/forums/topic/221091-uscis-contacts/page__p__3365596entry3365596

Edited May 27, 2012 by Darnell

[JimVaPhuong 4,863]

Unless his class of admission is changed to K2 then he cannot adjust status as a K2. It's that simple. Class of admission is everything in this case.

However, he is currently in the US having been paroled. He is an immediate relative of a US citizen. He's not inadmissible. He can adjust status on that basis. You only need to submit an I-130 with his AOS packet.

If I were in your shoes I'd stop waiting for CBP to get their act together, and I'd get this case in the hands of USCIS as soon as possible. I'd file the AOS with an I-130.

[Dave61 1]

Unless his class of admission is changed to K2 then he cannot adjust status as a K2. It's that simple. Class of admission is everything in this case.

However, he is currently in the US having been paroled. He is an immediate relative of a US citizen. He's not inadmissible. He can adjust status on that basis. You only need to submit an I-130 with his AOS packet.

If I were in your shoes I'd stop waiting for CBP to get their act together, and I'd get this case in the hands of USCIS as soon as possible. I'd file the AOS with an I-130.

Yes Im feeling a deep sense of going around and around with people who do not care or want to be bothered, why file the 130 though, everyone said this was not required when i did file this for my wife.

Think i will get an info pass once again and try and talk this trough with an ISO, although the last time I went there the ISO advised me not to file AOS for the K2 until the paroled entry was removed

Relly a total mess - Thanks to the Consular office in Guangzhou, who at this stage have a catalogue of errors relating to our application, they forgot to include the childs name on the Hospital medical paperwork, they forgot to include the childs name on the initial appointment letter 10/12/11, they phoned us and scorned us for making extra work for them saying to get the the child included in the interview date was not possible, called back saying it was possible, then called back the following day and said the interview date would be moved to 11/1/11, then I returned to the states, shortly thereafter we received the new appointment notice "the correct appointment letter" allowing the child to have his medical, then the original letter we received with only the K1 envelope inside arrived delivered by ems all ripped and torn, wedding delayed more flights to cancel and all this only for our form filings to be ignored and the include the K2 inside the K1 envelope to create this total mess. All who go to Guangzhou beware: you are dealing with incompetent, uncaring and very unprofessional ignorants of the highest order, and to think our taxes and filing fee's get spent paying these _Di__s,

[Dave61 1]

Remind me - exactly what is the BPA office in Humble? I think I'm missing one point, here.

Is this also the DHS-BP office? DHS-Border Patrol? IE - you went to a secondary inspection/deferred inspection office to try to suss out what's what? IMO, that was a good thing, but you got an incompetent fool there,

as

a BP agent in Secondary Inspection, a competent one, would have been able to READ the SAFEFILE Electronic Image of the A-File, there at that office.

So, it was an agent in that office that has extended the I-94 but has suggested other foolish stuff to do. Got it. At this stage, USCIS and CBP need to talk with each other, one supervisor-level human to another supervisor-level human. Stop talking with front-line agents, as they are making more muck for the casefile.

USCIS knows where the casefile for the K-2 is. CBP had it for a brief moment in time, and sent it on to the national archives.

ug.

I still recommend the fax campaign, though. I hope you got fax #s.

Here's GoGo's phone book - use it in good health.

GoGo - http://www.visajourney.com/forums/topic/221091-uscis-contacts/page__p__3365596entry3365596

Thanks a bunch for all your help, today I made another info pass appointment with mu local USCIS office in the hope i can talk to an ISO with integrity, sent an email and follow up USPS mailed copy to NATIONAL SECURITY AND RECORDS VERIFICATION DIRECTORATE

Verification Division

Chief: Howard “Mac” McMillan

Copy to the CBP Officer at the deferred inspection unit in Houston with a personal request to check out the SAFEFILE system now that we have had confirmation the K2 packet has been submitted to DHS - CBP in Newark NJ, just hope this will not be to much trouble for him

One last question: Do you think I should proceed to file an I-130 and I484 concurrent for the K2? Love to hear your thoughts on this, because this may negate any future need to deal with the people at the deferred inspection unit.

[Darnell 8,478]

i say make no further decisions

until

you use a telephone on Tuesday,

and call into the USCIS National Hotline,

and get an ISO on the telephone.

see ISO - http://www.dhs.gov/files/publications/gc_1305658440339.shtm

just so you understand what an ISO at the National Call Center is, and can do for you.

and then - reread my stuff here on yer two topics, apply 'ISO' properly, and use a telephone.

Edited May 28, 2012 by Darnell