Charles C

I sent in the I-485, EAD, and AP paperwork for my wife and step-daughters. (K-1, K-2). I notice my bank has processed the check so I am wondering if this is a sign that the packet of material is accepted. I have not received any notices back yet in the mail, but thought I would ask the group how reliable it is when the check is cashed. Thanks for any advice and experience!

Carlos

After getting through all of the K-1 and K-2 process, we got to the US and are now married. However my wife is not adjusting well, she has family emergencies back in her home country, and my business is struggling. In short, we have a lot of tough times in front of us right now.

Is there any way we can ask the US to put her AOS "on hold" so she can return to Honduras? In a year (or less) we think our options will be clear, but I hate the idea of losing all the work (and money) we have already invested in the immigration process. Any advice? Thanks in advance for any experiences or suggestions.

Charles

You can send for all of them. It costs nothing. No penalty for not working. It's like an interim GC

So when they are approved for work status, will we then be able to go to the SS office and apply for a SSN for each of the step-daughters? The papers for the SSN for my wife specifically excluded granting a SSN for a K-2 minor, but is this a way to work around this restriction? Actually both girls might want to have summer jobs - more money to spend on clothes!

Charles - finding the magic to getting a SSN

I seem to read that if we fill out an Application for Employment Authorization (I-765) for my step-daughters, they will then be permitted to get Social Security Numbers. Is this correct?

My step-daughters are 17 and 15 and it seems that without the I-765, they will wait quite a long time before being eligible for a SSN. But we have places where a SSN would be very helpful. So should we send in the I-765 along with the I-485 packet? Will this change our filing requirements in any other areas? On a related note - should I apply for my wife as well? I don't think she will be working, but is there any harm in getting the I-765 and then not using the authorization?

Thanks for any help - I have researched this but this idea is not completely addressed in any of the posts I have found so far.

Charles - we got this far, now to send in the AOS...

If your concern is future travel, on the plus side, several countries allow visa-free entry by US Green Card holders using the passports of their country where they would normally be required to have a visa. Others will still require a visa but are more likely to grant one to someone with a US GC than they may otherwise be. But, yes, they will need to become citizens (3 years minimum US residency, post-AOS) before becoming eligible to receive a US passport.

Thanks - I do travel frequently so I will be learning more about this situation in the future! I have trips to China and Japan in the wings now, and who knows what else will pop up. I guess we Americans become incredibly spoiled by being able to buy a ticket to just about any place on earth!

Charles

Please understand - this is critical - that your wife will not become a US Citizen when she marries you. Once you get married and apply to change her status she will become a Permanent Resident. Then 3 years after her permanent residency was approved she can apply to be a US Citizen. This is important to understand because if she falsely claims to be a US Citizen because she married you, she can be deported and given a lifetime ban from the US.

Thanks for the warning. We are aware of the distinction, but we will be doubly-certain to consider the exact wording of any forms we complete and sign!

Charles

We have the K-1 (yeah!) and K-2s for the daughters. I am curious - at what point in the immigration process will my wife (we will be married by then, I am sure!) get a US passport? And what about her daughters? We will file for AOS soon... just wondering when they might get US blue books.

This is not a terribly important question right now, but I can not seem to find the answer... thanks.

Charles

We have now successfully been granted a K-1 visa for my fiancee and her two daughters have K-2 status as part of the process. They are both under the age of 18 and their birth father is deceased. We have not yet gone to the US, but while researching all of the things we need to do when we get there, I was faced with this question: Am I a "legal guardian" of the minors when they are in the U.S.? I do not plan to adopt them (they are 17 and 15 - soon to be emancipated), but we will need to sign documents in the U.S. where we are to list the legal guardians. What is the process here? School forms, medical forms, and driver's licenses come to mind, and I am sure there will be more forms to sign. Thanks in advance for any enlightenment!

Charles - Ohio / Honduras

Our K-1 is approved and we will be moving my fiancee and her two daughter to the US in March or April. (yippee!) What documents should we bring from Honduras to the US that we might need at some point in the future? And further, should we get those documents apostiled (sic) in Honduras? We will bring birth certificates and the death certificate for the children's father... what else might we need? Thanks - our planning is well under way now and I want to have everything we might need when we get to the US.

Charles

My fiancee has one tattoo (small on her hip) and while it was not a big deal in the medical exam, the embassy required her to allow them to take a photo. We were told the embassy must take photos of all tattoos - but they asked first if they could be photographed while she was clothed. If you need to be nude, they must make other arrangements to get the photos.

Thanks for the kind thoughts!

Today we received an email from the US Embassy in Tegucigalpa informing us we have been approved for our K-1 visa! My fiancee and her daughters are approved. With the holiday schedule we will travel to the embassy on the 9th of January and they will take the passports. They told us the passports with visas would be ready for pickup the following afternoon after 3.

Our timeline is up-to-date, but I filed the first papers in March of 2011 and received notice today, 28 December. So if you are working your way through the process in Honduras, just be patient. It will happen for you too!

Charles & Mariana... planning our trip to the US now!

Our farm and food business is considering bringing workers to the US under the H2-A program. Is there much experience or discussion of this program here at VJ? We are just beginning to gather data on the program. Our goal is to get and retain legal workers - the current community of migrant workers are predominantly undocumented.

Charles

My finance and I are awaiting her interview... we are through all of the preliminary stuff. But circumstances with her family are making it highly unlikely that she can leave Honduras in the next year or so. As rotten as this is - I understand. So here is my question...

Should we delay the K-1 somehow? Can we switch from the K-1 process, get married in Honduras, and then restart her paperwork to get her and the kids here? I can travel back and forth, so while this is difficult, we can delay. But we are mid-stream in the K-1 process. Any suggestions? I do not want to do something that causes problems later. Frankly, if it takes more time and we just get married in Honduras, that is probably OK.

Let me know if anyone has ideas about this. Thanks!

Charles - family first... sigh!

In my business I do not get a W-2... I get a K-1. Since our business is a partnership, we do not get W-2 forms. However, our distributions from the partnership are shown on a K-1 (the tax form, not the visa forms). Will the K-1 substitute as income evidence in lieu of a W-2? In addition, in 2010 our business reported a loss, so this loss flowed through to my 1040. Will this affect my ability to meet the 125% test? We do not and will not be a public charge, but our business tax structure does not follow the typical "1040, W-2" format. Will the embassy personnel understand all of this? Our accounting firm will prepare a letter of employment and statement of my income, but I am concerned about how all of this will be viewed as part of the means testing for the visa. Any help would be appreciated. Even better - someone with experience as a business owner in this situation would be very helpful!

I have received an email from the US Embassy in Tegucigalpa (Honduras) telling me that the daughters of my fiancee (ages 16 and 15) need to attend the interview for the K-1 visa process. This is no big deal... but I am curious - will I be allowed to be in the interview with them? I will go to Honduras for the appointment (or I will already be living there for the winter), but I am not sure if I will be allowed "in the room." And I am certain the girls will ask me for information! What is the process?

Thanks for addressing my curiosity!

Charles - hoping to be done by the end of this year! (well, done with the K-1 at least!)

El 797 para mi novia no tiene el nombre de sus hijas. Cuando la familia va a la embajada para la entrevista, el niño tendrá que ir a la entrevista también. Si el niño se incluyó en la original I-129, que verán su nombre en la embajada. Cuando la visa se ​​paga en la embajada, el niño tendrá que pagar una visa también. Pero yo no creo que el I-797 se lista el nombre del niño, así que no te preocupes.

Esposo o novio? El K1 es sólo para personas que aún no han casado. Por favor, díganos si están legalmente casados​​.

(Husband or boyfriend? The K1 is only for people who have not yet married. Please tell us if they are legally married.)

Thank you for taking the time to write a thoughtful reply. I do understand the guidelines and principles behind the US immigration law, but it does't make it any easier to accept. Fundamentally, the US immigration policy seems flawed. And while I understand your case based on "millions of starving" people, this is not the same case. As a USC, and a business owner and relatively "successful" citizen of this country, anyone I bring here would not be a burden on the society. Would they be "contributors" to a greater America? Who knows... but Americans are not limited to the number of children they have if they are born here. There is no means testing for child birth. It seems restrictive that a capable family could not bring additional family to this country.

Of course we won't solve the immigration issues here, and we will need to live within the laws as they are set. But boy, oh boy... our country seems to have made a mess of this entire process! Thanks again for your thoughts.

Charles... more and more a libertarian every day...

Charles, it might help to see things in perspective.

<SNIP>

Your fiancee's family can try to get a B2 visa for her nephew. B2 visas are also available for people who need to come to the US for medical treatment, provided they have a financial sponsor. The stay is usually limited to six months, but an additional six month extension can be obtained if the treatment will require additional time. That's pretty much all her nephew might have a reasonable expectation of getting right now.

Well, none of this is very encouraging. But thank you for your comments. It seems odd to me that if there is a child with a medical condition and he requires extra care, there is no provision for getting them to the US. We will - of course - offer financial support if he is in Honduras, but the issue is more about the quality of the care he receives. This is very frustrating. I will continue to explore ideas, but as was pointed out, adoption is just not going to be possible. (Honduran law and mother's resistance.) If anyone has other ideas, I am all ears and eyes!

The "tourist" visa might be an option, even if we only get 6 months of the year. We plan to go back and forth part of the year in any case.

Charles... wife won't like this...

I am seeking suggestions for getting the nephew of my financee from Honduras to the US. Approaches and advice appreciated!

A bit of background... My fiancee is nearing the completion of her K-1 visa process. We will be coming to the US early in 2012 and her two minor daughters (15, 16 yrs.) will join us. All is fine there, we just need to grind through the K-1 process. However, her 3 year old nephew lives with us in Honduras and we are his primary care-givers. He was born with a both defect (now corrected) but we are essentially his parents. His mother (her sister) is alive and fine with us raising him in our house. She does not want us to adopt him (very difficult in Honduras) but she is willing the let him come to live in the US with us. So with this in mind, what might be the most efficient way to get Moises (the nephew) to the US?

It is possible for us to have Moises travel back and forth (with us, of course) periodically - we do not need to get him citizenship. We just want to have him continue in our home regardless if we are in the US or Honduras (we maintain homes in both countries). This is a matter of the heart... thanks for any ideas!

Charles

Thanks. The father is dead, so we have his death certificate. The girls are old enough (and excited enough) to go, so we will probably all be there. As for the fees... well, I figured I would be paying triple! I guess that is all part of the process. Thanks again.

charles

Same fees. Same medical. For the most part, same forms and documentation. Many consulates also want to see additional evidence that the applicant is the biological parent, such as photos of parent and child over the years, school records, etc. It depends on how reliable birth certificates are in that country. In some countries it's pretty easy to get falsified documents by paying off a government official. She'll probably also need a quit claim, signed and notarized by the children's father, that gives his permission for the children to immigrate permanently to the US.

The consulate should provide specific instructions, but usually very young children don't need to attend the interview.

Do we need to pay the consulate fee for dependent/minor children listed on my finacee's application? She will be getting her interview soon, but I am unclear if the children need to attend the interview and if we need to pay fees for each of the two children. So far, the only documented mention of the children is when we listed them on the original application. What should we expect? And do we need any particular documentation for them?

Thanks in advance!

Thank you. I called the NVC this morning and they told me it was shipped to the embassy last Friday! I have my case number now. Thanks again.

Charles

K-1 visa need to speak to an operator not the autoline.

You should of already had the embassy case number from the NVC and your case should of been already sent off and likely at the embassy by now or almost there.

Call NVC get the case number then call DOS and ask if its reached the embassy.

I was working in Belize and she was visiting the country with her girlfriend. We met in a bar. Not very romantic, but true! Two years later we are hoping to get through the immigration red tape!