dgalster

Not helpful.

Of course it is her life. I am concerned about stories of people from the Ukraine being denied for visitor or tourist visas. I just want her to be able to visit. If she does not complete adjustment of status on her K2, does it jeapordize her chances of getting another visa? Is it worse if she gets a green card and then abandons it? Or is this not a problem for future tourist or visitor visas?

My wife is from Ukraine and her daughter is here on K2. Technically the daughter is a Moldovan citizen but a resident of Ukraine. However she doesn't want to stay here permanently (at this time). I'm afraid if she goes back without AOS they will not let her back in. But if she gets AOS, then she has to stay here at least six months every year, which may not be practical.

What say you?

I am happy to be wrong in this instance.

I relied on information here: http://www.visajourn...-of-status-tips which is certainly older than JimVaPhuong's information above.

I will look into trying to get this information amended or removed by a VJ admin, since it appears to be erroneous.

Is this post still accurate? I see that the guides have not been updated so I am just wondering if there has been any change. I am also in the situation of having a K2 who came to the US before age 21 but is now over 21. So we want to file for AOS but I want to make sure that this thread has the correct information as opposed to the guide.

Thanks.

I am new to this website so I am sure this question has been asked but I just wanted to verify.

Upon entering the US on the K1 visa, does my fiancé apply for a SSN first or do we get married first? After reading a few things I am confused. Some say you get married first and some say you apply for a SSN 2 weeks after entering the US and then get married (like the timeline says).

Any help would be appreciated!

Thanks!

We waited until after marriage and it caused a problem. The SS office refused to grant a SSN because they said she was not K1 anymore and thus not eligible until she got her EAD. We are still waiting for the EAD. Members here (you can search for my posts) have argued that the SS office was wrong and I should have insisted but I don't think it would have done any good.

I think you're better off doing it in her old name before marriage and then changing the name afterwards, as the VJ Guides recommend.

I also have questions about K2 and I think this is an area of weakness on this site in the FAQs and Guides. There is, like the OP said, a lot of seemingly conflicting information out there.

Today I came across this:

• Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18. (http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#10)

And then the K2 guide says this:

• Older K-2 Visa adjustees
• Child Status Protection Act: Immigration law generally requires a derivative child visa holder to adjust status before they are 21 years old. The Child Status Protection Act protects them from "aging out" as long as their AOS petition is accepted by USCIS before their 21st birthday. However, the CSPA only applies to K2's if the K1 marries the US citizen petitioner before the K2 turns 18. If the marriage occurs after the K2 is 18 then their AOS must be approved before the K2 turns 21.
• This can be a big problem because a K2 is eligible to receive a visa right up until they are 21 years old, but if it's too close to their 21st birthday when they come to the US then they might not have time to finish AOS before aging out.

And then I found this in a post:

• A K-2 holder must travel to the US before his/her 21st birthday in order to adjust and get a green card. The K-2 holder has to be under 21 when entering. It is okay to file to adjust after the K-2 visa holder's 21st birthday. Age is relevant when entering the US, not when adjusting. (http://www.visajourney.com/forums/topic/334342-still-eligible-for-follow-to-join-benefits/)

My stepdaughter is 20 and has a birthday in March. We were married last August (so she was over 18). She is now applying for her interview & medical (so she should be able to get here before she is 21). There are some pretty hefty fees if this turns out not to work, so it would be nice to have the real straight scoop.

The SSA office always seem to think they know the facts when they really don't. If they try to tell you that you are not eligible, then you simply ask them to look up your wife in the system. They have to look her up by her VISA name though, even if she changed her name through marriage. Once they find her in the system, the computer will tell her that she is eligible and you're good to go. If they refuse to look her up, then either ask for a supervisor or go to another SSA office. You have to be very proactive and confident that you are right otherwise they will just send you home.

Well send us home they did.

So, get your SSN before marriage.

They won't give an SSN in the old name after you're married, and after you're married you're not K1 anymore.

Your information is incorrect. Your status is still K-1 until the expiration of the I-94, and you are eligible for an SSN whether or not you marry before or after. You need to apply for the SSN in the visa name as that is the name in the SAVE database.

Well that is not what the social security office told me, they refused to give the SSN.

Yes, just go to the SSA office and apply in VISA name.

No, it doesn't work. If you didn't apply for SSN before marriage, they won't give you one because you are no longer in K1 status and thus don't fall into an eligible category. You can try to get an EIN instead, but that's even more trouble. Otherwise you have to wait until you get your EAD, then you can apply for a SSN.

No, it's the last line of Part 1, which says "Current USCIS Status" and "Expires on".

As for the daughter, there is this from the instructions for the I-485 which seems to say you can apply for a visa for the child along with the I-485:

"B. If the spouse or child is residing abroad, the person adjusting status in the United States should file Form I-824, Application for Action on an Approved Application or Petition, together with the principal's Form I-485, to allow the derivatives to immigrate to the United States without delay if the principal's Form I-485 is approved."

This is one of many confusing quotes I have found...

Until you file your I-485 she is out of status once the I-94 expires in 90 days. The I-485 is what will give her the status to work and get license and other things. K3 no she isn't that. You weren't married when she came over so that doesn't apply to you.

When they are speaking of supporting documents they are talking evidence you don't need that, but yes she will have medical and all that and an interview.

So she was 21 when you petitioned the mom?

She's not 21 yet but we only have a few months.

So on I-485 I say K1 status? But Social Security said her status is no longer K1.

Back to the documents. So if she doesn't need documents, what will they want to see at the interview? Do they have all the documents there? They never gave my fiance (now wife) any back except the packet for customs.

How old is she?

She will be 21 in March.

Also on the I-485 I'm confused what to put for USCIS status.

I made a blunder in that I did not apply for a social security number before we were married. So Social Security says she is no longer in a K1 status but is now K3 or something.

Then I found a website that said after your are married the status is Conditional Permanent Resident, but then another page says you have to apply for that status (using 485 of course).

Yes, she was listed in both documents.

I'm thinking this section applies:

"If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 for your child overseas with your Form I-485. When concurrently filing Form I-824, it does not require any supporting documentation."

But I don't understand, no supporting documentation? Doesn't she need a medical and an interview?

I need to get started on having my fiance/wife's daughter come over from Ukraine. However, I am having trouble finding information on what to do. She was listed on the DS-160 but did not go right away. Where can I find instructions for this?

My fiance came over on July 7 from Ukraine. We were also worried about these things. I even wrote to my senator for help but they didn't really do anything. In the end it just took patience.

OK thanks for all the help!

I want to send my fiance a sample of how to answer the forms on the plane. Actually I believe there is an I-94 form and a customs declaration form 6059B.

What I seem to remember from flying is that there are different customs declaration forms, for US residents and visitors. Am I wrong about that, because I can only find one online?

The I-94 says that it must be filled out by "all persons except U.S. Citizens, returning resident aliens, aliens with immigrant visas,..." The K-1 is referred to in some places as a non-immigrant visa and in other places as an immigrant visa. So, does she fill the I-94 or not?

On edit....

I found something that says the I-94 is no longer being used (and there was also an I-94W).

Well I just needed more patience...after 69 days, the Russian Police Certificate finally arrived. Now her interview is scheduled for Monday. Woohoo!

Well we are now at 64 days. Perhaps it will come in a few days. But what if the Russians are holding it up, and not sending papers to Ukraine because of the war? Is there any chance of getting a waiver?

Somebody posted about getting a power of attorney in Moscow and having them get it the same day, is this realistic? Can it be done that way?

She's not in the East, she's from west of Kiev. She went to the Russian Consulate in Kiev on April 9th and ordered the police certificate and was told it would be there withink 30 days. Is it possible to get a waiver under these circumstances? The uscis website says that "police certificates from some countries are not available." Well, that doesn't exactly apply, as they are available, but what can you do if they don't give you one?

My fiance lives in Ukraine. She ordered the Russian police certificate on April 9, so it is now over 60 days, and it has not come. According to Russian law (apparently it says this on the Russain website) it is to be delivered in 30 days. This is the last thing we are waiting for. Any thoughts?

Why buy a one-way ticket when round trip is cheaper? Or did you manage to find a one-way ticket that was cheaper than round trip?

I sent about 4 pages of emails and 4 pages of skype chat from different days spread over the time we had corresponded. It was apparently enough.

I'm sure it depends on all kinds of factors, though. You need enough to convince the reviewer that your relationship is legitimate.

My own case was probably low suspicion as we are both in our 50's.

Hmm well, I found my fiancee in the Ukraine. I was a member of one of the marriage broker sites, but was not successful that way. However, I never went on any of the romance tours. I did go over there and meet 3 women that I had been writing to. That didn't turn out so well. So I don't know if maybe people's expectations are too high sometimes? I mean, if you are dating locally, doesn't it take a a lot of unsuccessful attempts to find "the one?"

Later I met my fiancee on a different dating site. I went to see her and here we are.

What is packet 3?

Well, I that's how it's labeled on the timeline, I guess, though maybe it's not the best description anymore. I refer to the letter from the Embassy to the beneficiary which contains the directions to apply for the visa. The actual packet is now online.

My I-129 went to California and then on to the Kyiv Embassy.

I got a notification from NVC on March 5. It then took a couple of weeks before there was any news on the case tracking website. I even called the Embassy line and asked some questions, but the lady who answered didn't seem to be very knowledgeable. I wanted to know if the Medical exam could be scheduled before receiving the Packet 3 letter. I also asked about getting the police report from Russia, because my fiance had been calling the Russian Embassy and no one was answering. Turns out the Russian Embassy was actually closed for a couple of weeks. But she finally got through and got an appointment there. But it is also possible to give a power of attorney to someone in Russia so they can get the police report for you, and that is what she is doing now. Also it seems K1 visa appointments in Kyiv are only 3-4 days out, so we haven't scheduled yet, we are waiting until she has all her documents.

Where does it say anything about what to put in the package itself as a proof of the payment?

You put the payment in the package. And the check must made out correctly, with the exact words in the instructions.