zimzim2012

I need to file I-751 for my K-2 son separately.  He received his conditional green card more than 90 days after my wife.  My wife is already a 10 year green card holder.  We've already submitted tons of evidence proving our bona fide marriage.  Do I need to submit more evidence of our bona fide marriage with my son's I-751?  I wouldn't think so, the bona fides of our marriage have already been proven.  I'm just trying to save more work here if it's not necessary.  Thanks everyone!

Hi,

My stepson's AOS interview is coming up next week. He's a K-2 & 8 years old. My wife is a LPR. I looked at the list of things to bring to the interview on the notice and it looks like we already submitted all of those things, original birth certificate, etc.

Is there anything else they might ask for that we might be missing? I was thinking maybe pictures of us together at home, his report card, etc., to show he has a happy normal life in U.S.A..

And what kind of questions do they ask an 8 y.o. child?

Thanks for the help!

One possible line of questioning may to assure that the child is not a victim of international child trafficking.

I hadn't thought of that, thanks.

Hi,

Does anyone know if this is common to interview an 8 year old child? He's a K-2. My wife is a LPR.

What can we expect? And the better question is, what possible purpose does an interview for an 8 year old child serve?

Thanks!

Hi all,

I'm in the process of completing my stepson's AOS packet and I'm confused how to complete I-864. We will be supplementing our income with assets to meet the requirement.

My wife and I filed a joint tax return for 2013. All of our assets are jointly owned (bank accounts & investments).

Do I put 1/2 of our income and 1/2 of our assets on the I-864 that I will sign and make a separate I-864a for my wife with 1/2 income and 1/2 assets? My wife's name is also on everything, so I'm assuming she has to sign something also, but I'm not sure.

Our income is also split 50/50, no W-2's, just income from investments.

Thanks!

The NBI clearance is only valid for a "certain" period of time. If my memory serves me correctly - 1 year. So, unless someone else has better info. than me you are going to need an updated NBI.

There are many documented cases of 2 failed fingerprints and all that was required was a police clearance from the city department of residence in U.S.A. Why is she asking for the Philippines also? All police clearances from the Philippines were submitted at the time of her K-1 interview. If they were not satisfactory, she doesn't get a K-1 visa.

Also, yes it's true, the N.B.I. clearance and city police clearances are no longer valid now, but they were valid at the time of her departure from the Philippines and after that also, and she has been in the U.S.A. and has not even been in the Philippines since then.

I'm wondering if the Philippines clearances we have will be acceptable. Really confused how to respond, don't know what to do.

My wife had her interview yesterday 6/24. Everything was going great and the officer was ready to approve us until the end. She looked at her computer and goes, "Oh I'm going to have to give you an RFE".

The problem is after 2 biometrics appointments her fingerprints are no good. So the officer told us she needs police clearances from the Philippines and our town of residence in the United States.

From what I have read, usually only the clearance from the United States is required. We already have that.

My wife's K-1 interview was March 2013. She arrived in the United States in April 2013. N.B.I. clearance was shown or submitted at the interview. It makes me wonder if this officer is confused. Why is she requesting Philippines police clearance?

Luckily we have original copies of the N.B.I. and city police clearances in the Philippines, which are identical to the ones we submitted last year at the interview. But they are from 2013.

I did not think to ask her if she needed new police clearances from the Philippines dated 2014 or are identical copies to the ones we submitted in 2013 at the K-1 interview satisfactory. If she needs new police clearances from the Philippines, that of course is a HUGE problem.

I'm worried that if I send her clearances that are not satisfactory to her, she can deny the green card.

Can anyone please help? Thanks!

Does anyone know if this means that for sure there will be an interview? Adjusting from K-1, my wife received a letter in December that an interview may not be necessary. I'm only asking because I read another person was in this stage, waited for the letter to appear for the interview (it never arrived) and then the green card just arrived in the mail with no status update. Thanks!

The K-2's visa has to be ISSUED within one year of the K-1 being issued. Which means her son's visa has to be issued before April 2, 2014, issued happens after the interview. The language on the embassy website is rather clear on this:

your children must travel within the validity of their K-2 visas." <- They must enter the US before the expiration date on their K-2 visa.

So if I'm understanding this correctly, as long as the child's K-2 is issued before April 2 (1 year from date of issuance of mother's K-1), then he has up to 6 months after that to enter U.S.A.?

After a successful K2 interview, the visa will be issued and the K2 must follow to join within one-year of the K1 date of issue.

Hi all,

My wife's K-1 was issued April 2, 2013. Date of entry into U.S.A. was April 12, 2013. AOS was filed in August (still in initial review). Her son's K-2 interview is scheduled for March 11.

I read that a K-2 child has 1 year from the date of issuance of my wife's K-1 to follow. What does this mean? That the child's K-2 must be issued by April 2 and then he has 6 months to enter U.S.A. or he has to arrive in U.S.A. by April 2?

You would think the language would be less vague so we don't have to guess what it actually means. Thanks!

Imagine a country where an adult woman can be prevented from traveling with a valid visa at the whim of some "counselor". Only in the Philippines. Unbelievable.

Ah... so you are doing the follow-to-join K2. I really don't think the embassy or St. Luke's requires any special documents for your wife's mom to accompany. I think only DFA asks for power of attorney when assisting with the passport, but you are past that moment in time.

Everything for the K2 is pretty much the same as when your wife did her application. Only special requirement is the K2 much be ISSUED the visa within one year of the K1 being ISSUED the visa (page 4 of the embassy instructions letter). Miss that date and it's a do over.

Thanks Hank. Any idea if it's safe for my wife to use the advance parole to travel to get her son when the time comes if she doesn't have her green card yet? 40 something days out of status before AOS was filed, I was too busy to get that done on time.

Is the child traveling to the USA with your fiancee? Why aren't they doing their interviews together?

1-2) As for the grandmother accompanying the child, there is no issue with this. I don't know that any special paperwork is required, such as a power of attorney or not.

3) There is no issue doing the medical a couple weeks early.

The child will be traveling with my wife in a few months. She is currently in USA with me. Her AOS is still in initial review (filed August 2013) but she has advance parole. We are hoping she has the green card when the time comes to get her son. She was 40 something days out of status before AOS was filed so we are hesitant to take a chance traveling with advance parole. I've read that advance parole is no guarantee that she would be readmitted should she leave and like I said she was out of status for a brief time. Are we worrying too much about this or is the advance parole usually no problem?

Thanks again.

T&M

Hello to all. We have a K-2 interview scheduled in March in Manila for my wife's minor son. Not sure that it matters but father is listed as unknown on his birth certificate. The 129-F petition expires on April 2, 2014. My wife is unable to attend the interview with her son at this time. A few questions:

(1) Is it OK for my wife's mother to accompany the child to the interview? Any special paperwork required?

(2) Is it OK for her mother to accompany the child to St. Lukes for his medical exam? What is required?

(3) Is it OK to go for his medical exam a few weeks ahead of time in case there is a problem or does it have to be the recommended 5-7 days before the interview?

Thank you all in advance for your help.

T&M

Hi,

My wife and I were recently married in June (K-1 visa). We are having a problem with the Department of Foreign Affairs in the Philippines regarding getting a passport for my wife's minor son.

We went to the Consulate of the Philippines in New York to change the name on her passport to her married name, report the marriage in the Philippines and get a "red ribbon letter" from my wife that gives special power of attorney to her mother with affidavit of support and consent to travel. The letter and affidavit are in my wife's married name and the consular officer approved it.

Now the DFA is giving her mother a problem, saying that since there is no record of the marriage and change of my wife's name yet at NSO the "red ribbon letter" in her married name is unacceptable. The woman said the red ribbon letter should have been in my wife's maiden name. So why did the consular officer sign off on a letter and affidavit that would not be accepted at DFA in Manila? We also provided her mother with an original marriage certificate to show the name change (married in USA). Does anyone know if this is really correct? I ask because, having been to the Philippines, chaos is the rule and if you asked 3 different Filipinos the same question you would get 3 different answers.

Also, my wife's AOS case is in initial review but she has received her combo card with advance parole. She is thinking of just going to the Philippines to get his passport and bring him back after the K-2 interview. Two questions: (1) She arrived in U.S.A. on April 2, 2013 so the I-129F petition is good until April 2, 2014? (2) She was out of status for 40 something days, is there any danger in her traveling to the Philippines with advance parole to get her son.

Really confused and frustrated about what to do now. Thank you for your help.

Hi all. I'm currently finishing my wife's AOS packet (so we have no case pending at the moment). She is currently out of status as a K-1 visa holder. We moved shortly after she arrived in May and I was not aware that we needed to notify USCIS of the move. I know I need to efile an AR-11 for her but since as of now we do not have a case pending (but will soon when I send in AOS packet next week) do I also need to send them I-865 for myself? I also noticed on the AR-11 that it asks when her stay expires and she is out of status (30 days). I'm a little nervous about that. Anything to worry about here and should I send AR-11 and I-865 before I send the AOS packet? Thanks to all in advance.

T. & M.

Thanks. That's what I thought. But do you think that if I just send in a copy of the return now with no transcript they might send a RFE for a transcript or it would be more likely there would be an interview? I'm just wondering if there is any benefit to waiting for the transcript.

At the K-1 interview I don't think the CO even looked at it. I did see him looking at the letter from my stockbroker verifying my assets.

Hello everyone. I am almost finished with my wife's AOS packet (K-1). I just recently filed my taxes for 2012 so a transcript is not available yet.

My AGI was only $4,700 but my assets (stocks, cd, cash in savings and checking) are well into the six figures and comfortably meets the requirement for I-864.

My wife's I-94 expired on July 10 so she is currently 24 days out of status. Given the low income and sufficient assets, should I wait to get a transcript for 2012 then send the package to USCIS or should I just send the package now with a copy of what I filed through Turbo Tax? Should I attach a letter of explanation that a transcript will be provided when available? Also, I filed in 2011 but did not file in 2010 (not required gross income was under the requirement).

Also, if she is approved for advance parole will the days she overstayed (maybe it will be 30+ days) cause a problem should she leave the country?

Thanks to everyone in advance.

T&M