daughter denied tourist visa

[doodle 0]

Hi everyone...

question.

We applied for a k1 and per usics advice we had put henry's daughter on the application as "coming at a later date" uscis had said this would help down the road if she were ever to apply for a gc. She's only 5!!

So...we sent the mother of the daughter to the embassy this morning with everything ready to go...they were about to approve the petition until they saw that she was listed as still being on another petition. how could this be??? they gentleman told her that the daughters name would have to be cleared before they could approve the tourist visa.

i am on hold iwth uscis to try and ask for their guidance...but anyone else have any ideas for me.

grrrrrrrrrr..

d

[w¡n9Nµ7 §£@¥€r 123]

Hi everyone...

question.

We applied for a k1 and per usics advice we had put henry's daughter on the application as "coming at a later date" uscis had said this would help down the road if she were ever to apply for a gc. She's only 5!!

So...we sent the mother of the daughter to the embassy this morning with everything ready to go...they were about to approve the petition until they saw that she was listed as still being on another petition. how could this be??? they gentleman told her that the daughters name would have to be cleared before they could approve the tourist visa.

i am on hold iwth uscis to try and ask for their guidance...but anyone else have any ideas for me.

grrrrrrrrrr..

d

What do you mean by "name would have to be cleared"? I'm sorry, I'm confused.

[Yodrak 7]

doodle,

Your post is really confusing. Three points to get started

- there isn't any petition required for a tourist visa,

- what kind of "petition" was taken to the consulate "this morning"?

- if the consulate expects that a child will be following to joint their K1 parent, they are highly unlikely to issue said child a B2 tourist visa knowing that the child has plans to immigrate unless you can convincingly demonstrate that the child does not intend to immigrate on this particular visit but rather intends to apply for a K2 visa and immigrate at some later date.

You are perhaps using a number of terms incorrectly, which is making the information you are trying to provide nonsensical.

Please be clear as to what the intent of the upcoming proposed trip to the USA is, and what kind of visa was applied for this morning.

Yodrak

Hi everyone...

question.

We applied for a k1 and per usics advice we had put henry's daughter on the application as "coming at a later date" uscis had said this would help down the road if she were ever to apply for a gc. She's only 5!!

So...we sent the mother of the daughter to the embassy this morning with everything ready to go...they were about to approve the petition until they saw that she was listed as still being on another petition. how could this be??? they gentleman told her that the daughters name would have to be cleared before they could approve the tourist visa.

i am on hold iwth uscis to try and ask for their guidance...but anyone else have any ideas for me.

grrrrrrrrrr..

d

Edited February 27, 2006 by Yodrak

[doodle 0]

Exactly, I am confused to. But I found out how USCIS screwed us big time.

by checking that box "will come at a later date" we have essentially put on the record that his 5 year old daughter has intent to immigrate. The tourist visa clearly denies anyone with any sort of intent to immigrate.

USCIS told me that there is absolutely NO WAY to clear her name off the petition that was filed over a year ago. The only option is to contact the embassy and try to get them to understand what happened in your situation. It is completely in their hands.

i have a call out to my congress person....they are going to see what they can do.

i just sent out a huge email to the embassy explaining the situation...

pray for us...

Yodrak. thanks for responding. I love when you respond. OK to correct myself. You are right. It's not a petition...it's an application. Indeed the consulate seemingly does think that the daugther is expected to immigrate with the father since she was orignially on the k1 petition. How do I clarify with the embassy that she is not intending to immigrate at this time, only visit? can you help me Yodrak? The intended purpose of the upcoming trip was just to be able to spend some time together during summer break. The idea is keeping the relationship between my husband and his daughter alive until we are ready to file the k2 visa. does that make sense?

Edited February 27, 2006 by doodle

[Yodrak 7]

doodle,

I find no question on the I-129f petition that asks whether or not children intend to immigrate to the USA, either with with their parent or following to join. The I-129f petition simply asks a petitioner to identify their fiance(e)'s or spouse's children, there is no implication that the children might want to immigrate. (I am looking at a version of I-129f that is about 2 years old, however. Maybe it has been changed?)

There is such a question on the DS-230-I visa application - questions 21.a and 21.b on the version that my wife used a few years back. How did your husband answer that question when he submitted his DS-230-I?

There is also a question similar to 21.a on the DS-156 visa application. How did he answer that?

It's too late to tell you that you shouldn't be asking the USCIS questions about the DoS - they don't know. It's correct, however, that the children's names cannot be removed from the petition - nor should the names be removed, they belong there.

I suspect that the problem is not the I-129f petition, it is more likely the DS-230. And from your post here, it's not a problem with the DS-230 since the the child does intend to apply for a K2 visa.

Your husband will have to try to straighten out his intentions with the consulate. He may have to have direct contact with a consular officer in the Immigrant Visa Unit, the people who respond to e-mails may or may not have the knowledge or authority to deal with his issue. And he may have to maintain his relationship with his daughter by visiting her rather than the other way around.

Your husband does realize that any K2 visa will have to be issued within 1 year of the date that his K1 visa was issued? The window may be closing sooner than he realizes?

Yodrak

Exactly, I am confused to. But I found out how USCIS screwed us big time.

by checking that box "will come at a later date" we have essentially put on the record that his 5 year old daughter has intent to immigrate. The tourist visa clearly denies anyone with any sort of intent to immigrate.

USCIS told me that there is absolutely NO WAY to clear her name off the petition that was filed over a year ago. The only option is to contact the embassy and try to get them to understand what happened in your situation. It is completely in their hands.

i have a call out to my congress person....they are going to see what they can do.

i just sent out a huge email to the embassy explaining the situation...

pray for us...

Yodrak. thanks for responding. I love when you respond. OK to correct myself. You are right. It's not a petition...it's an application. Indeed the consulate seemingly does think that the daugther is expected to immigrate with the father since she was orignially on the k1 petition. How do I clarify with the embassy that she is not intending to immigrate at this time, only visit? can you help me Yodrak? The intended purpose of the upcoming trip was just to be able to spend some time together during summer break. The idea is keeping the relationship between my husband and his daughter alive until we are ready to file the k2 visa. does that make sense?

Edited February 27, 2006 by Yodrak

[doodle 0]

Yodrak. Thank you for your very informative response. I think I have put all the facts together. I went home last night and looked at all the paper work and this is what I found.

Indeed, listed on the DS-230 we placed the daughters name and stated that she would be travelling at a later date. We had no idea that this meant we were essentially obtaining a K-2 visa for her. I have read about the K2 and understand it for the most part, but still have a few things to bounce off of you.

Our intentions in regards to his daughter is that we wanted her to be able to visit the US while she is still young and staying with her mother and then at the appropriate time file for her to immigrate to the US. Maybe when she is in her early teens. As you can see this is almost 10 years from now, so being denied the tourist visa is very scary for us. Not understanding what we did on the DS230 has put us in a tricky situation...becuase we do want her to come and live at some point, just not yet. I feel like I should have never put her name on anything...but we didn't want a child to appear 10 years later out of the blue, do you understand?

What I need to know now is:

If I let the K-2 expire (which based on husbands entry would be June) would she then be eligible for a B2 since she no longer has the K2 lingering?

If we were able to obtain a B2 visa for her this year what would the process be like down the road if we tried to have her immigrate? Are we shooting ourselves in the foot by not using the K-2?

If the K2 expires and we go for another interview for the B2 are they still likely to deny it based on the expired K2? With evidence (of what kind) would we be able to use to prove otherwise that there are no intentions of her immigrating at this time?

It is so frustrating how I spent so much time doing so much research and I'm still out of the loop on some things. I had no idea that putting her name on that form would cause this. I hope you can help me Yodrak, as we now have a definite timeline in front of us if action needs to take place.

Thanks for all of your help and information.

D

Edited February 28, 2006 by doodle

[doodle 0]

it's amazing that the only requirement to obtaining a k2 is applying for the k1 and adding the childs name on the DS230 question 21b? I had no idea stating that his daughter may come at a later date would do this to us.

why don't they make it more clear?

There is always the idea that we want her to come to the US. but not until the age of 15 or so. I assumed "later date" meant just that. A date that has yet been determined in the future.

it's all so vague and confusing.

we have a letter going to oru congressman and they are looking into removing the child's name from the ds230 and will be submitting our letter to the embassy with their full support of the issuance of the visiting visa....i hope this all works.

[Yodrak 7]

doodle,

You can try to contact the consulate and explain what your real plans are. As things stand now, the consulate is expecting that it may receive an application for a K2 visa from the girl. Leaving them with that impression as the deadline approaches and then passes does not help the girl's situation any.

Yodrak. Thank you for your very informative response. I think I have put all the facts together. I went home last night and looked at all the paper work and this is what I found.

Indeed, listed on the DS-230 we placed the daughters name and stated that she would be travelling at a later date. We had no idea that this meant we were essentially obtaining a K-2 visa for her. I have read about the K2 and understand it for the most part, but still have a few things to bounce off of you.

Our intentions in regards to his daughter is that we wanted her to be able to visit the US while she is still young and staying with her mother and then at the appropriate time file for her to immigrate to the US. Maybe when she is in her early teens. As you can see this is almost 10 years from now, so being denied the tourist visa is very scary for us. Not understanding what we did on the DS230 has put us in a tricky situation...becuase we do want her to come and live at some point, just not yet. I feel like I should have never put her name on anything...but we didn't want a child to appear 10 years later out of the blue, do you understand?

What I need to know now is:

If I let the K-2 expire (which based on husbands entry would be June) would she then be eligible for a B2 since she no longer has the K2 lingering?

If we were able to obtain a B2 visa for her this year what would the process be like down the road if we tried to have her immigrate? Are we shooting ourselves in the foot by not using the K-2?

If the K2 expires and we go for another interview for the B2 are they still likely to deny it based on the expired K2? With evidence (of what kind) would we be able to use to prove otherwise that there are no intentions of her immigrating at this time?

It is so frustrating how I spent so much time doing so much research and I'm still out of the loop on some things. I had no idea that putting her name on that form would cause this. I hope you can help me Yodrak, as we now have a definite timeline in front of us if action needs to take place.

Thanks for all of your help and information.

D

Whenever anyone asks, "do I need a lawyer", I always advise that a consultation to discuss the specifics of one's situation is always a good investment. Your situation is a good example of how a consultation could have saved a lot of trouble.

Yodrak

it's amazing that the only requirement to obtaining a k2 is applying for the k1 and adding the childs name on the DS230 question 21b? I had no idea stating that his daughter may come at a later date would do this to us.

why don't they make it more clear?

There is always the idea that we want her to come to the US. but not until the age of 15 or so. I assumed "later date" meant just that. A date that has yet been determined in the future.

it's all so vague and confusing.

we have a letter going to oru congressman and they are looking into removing the child's name from the ds230 and will be submitting our letter to the embassy with their full support of the issuance of the visiting visa....i hope this all works.

Edited February 28, 2006 by Yodrak

[doodle 0]

beyond what we did on the DS230...what else is involved in obtaining a K2? What is actually sitting in Jamaica for her?

Is there a way to withdraw the DS230 petition (or K2) petition? If so, I think that's what we should do...then we could appeal the decision on the B2 and pray it works

[Yodrak 7]

doodle,

Applying for it - using the same forms and supporting documentation that your husband did as is age-appropriate.

Note that the basic form, DS-156, is the same form as is used for all non-immigrant visas - including the B2 visa.

Yodrak

beyond what we did on the DS230...what else is involved in obtaining a K2? What is actually sitting in Jamaica for her?