coniefl

22 hours ago, K1visaHopeful said:

 

Yhanks again for your help, I am very appreciative..

Was the child follow to join and not in the US yet when you filed the K1s AOS? If so, they would not appear in the household size, only listed as a dependent of the K1.

No. The child was follow to join but was in the US when I filed the K1's AOS. The child did not live with the K1 and myself, therefore she was not a dependent, and was not included for reasons found in the lengthy post by me in this thread.  Therefore she was not included in the household size.

The child is Qu 1.

The sponsor is Qu 2.

3 is blank.

4, 5 is zero unless they apply.

6 is your wife ie. The K1 you have previously sponsored on a separate I864 and then explain in the additional info as I described before.

I believe we are looking at different forms or different version of the forms because the sections do not seem to match the suggestions. I am filling out I-864 OMB No. 1615-Expires 03/31/2020. 

The parts of the form  that I have:

Part 1. Basis For Filing Affidavit of Support 

this section is asking about me the sponsor and who/why I am filing. There is no place to put the K2 child information here.

Part 2. Information About the Principal Immigrant

No place to put sponsor information here.  But I am not sure if I put my wife's info here, she is the Principle Immigrant as all USCIS information and identifying numbers are directed at her, but since I already filed an I-864 for her I am not sure what to do.

Part 3. Information About the Immigrant You are Sponsoring.

 I am thinking this is where the child's information goes, depending on what I do for Part 2, as question P3.1 has these options.

1. I am sponsoring the principle immigrant named in Part 2.   Yes or No

(Applicable only if you are sponsoring family members in Part 3, as the second joint sponsor OR if you are sponsoring family members who are immigrating more than six months after the principle immigrant.)

2. I am sponsoring the following family members immigrating at the same time or within six months of the principle immigrant named in Part 2. (Do not include any relative listed on a saperate visa petition.)

3. I am sponsoring the following family members who are immigrating more than six months after the principle immigrant.

If this is where I put the child's information I believe I should select option 2 as the .K2 daughter arrived 3 months after her K1 mother.  even though I am filing AOS about 1.5 years after the mother. Initially they filed together when the whole K1 visa was started, we applied for both K1 and K2 at the same time.

IF I can understand what to do for the above the rest of the form I can handle.

Please provide any thoughts or instructions on what to do.

Thanks again

Conie

27 minutes ago, little immigrant said:

Under what visa did the father come here? 

I am not sure as we really don't talk to him. But I believe he got a permenant residency card before he came to the US, he has a 24 year old US citizen son who sponsered him. 

I sent you a PM with additional comments.

20 hours ago, K1visaHopeful said:

And your spouse will be listed in Qu 6 as someone else you have previously sponsored.

Qu 3 will be blank and you will explain why it's blank in the additional info section like:

"I cannot count my wife twice so I input her in Qu 6 as someone i previously sponsored".

The child was never listed on the original i864 for the K1, I am trying to fill out an additional i864 for the child. Do I put her information in Qu2, leave Qu3 blank and list wife in Qu6 with explanation?

Do I use my wife's A# in Qu2?

Thanks for the answers.

Yes the daughter has been here since 2016 without adjustment of status and for those of you who need to know why is because my wife was originally going to come here with her two children one of which is a US Citizen, her ex husband was going to be left behind with no one. We ran into some complications getting my wife's Visa , so the ex husband decided to apply for a Visa and take the 2 children here leaving my wife behind with no one, he is a spiteful SOB. We were able to overcome the complications with a waiver, so now they both, the wife and ex, have visas to come here. My wife came first and in the best interest of the children they stayed with the father so they could finish the last 3 months of school and complete that grade level. When the father came with the daughter she was supposed to come and stay with the wife and myself. He used the K2 Visa to get her here. When she got here the father at first refused to let the mother see the daughter. That slowly changed and he let her see the daughter after time. Therefore I refused to put myself on the line for 10 years by not including the daughter on the i864 the first time. The father is shady and spiteful, I don't trust him. He is so spiteful that the children both graduated high school in the US and having 8 tickets to the graduation wouldn't give the mother a ticket to see them graduate. We went anyway and got her in with no ticket. Anyway the daughter has since turned 18 and now it's time for her AOS. 

Here is the situation:

My wife came to the U.S. on a K1 Visa in 2016, we filed for a green card in 2018, which she now has. We did not file for her daughter at that time due to some indifferences with her(daughter) father. Her daughter is a K2 Visa holder who came to the US within 6 months of my wife's arrival in 2016. 

How do I now file form i864 for her daughter's green card?

I am not sure if I should fill out the form as if I was sponsering both at the same time and put my wife' s  information in Part 2 and list her daughter in Part 3 being that I've already filed an i864 for my wife when applying for her green card. 

Also I'm assuming I would check box 3.2 is that correct?

On 12/31/2016 at 2:09 PM, Suss&Camm said:

Ah! I see what you mean... that is then tricky.. I know that you can request your full alien file from USCIS although I'm not sure how exactly you go about this or how long it would take or if it's always granted, but it seems weird to me that they wouldn't let you know what the waiver was for. Has she previously overstayed or something similar? Maybe you should go over her answers on the DS-160 thoroughly.

I didn't quite get what you mean that it stated on the waiver. Did it say on the waiver that it was willingly?

I hope maybe someone with more specific knowledge to these circumstances can have some more answers for you. But it always helps to give as many details as you possibly can for ppl to be able to help you. Each situation is so different.

Thank you.

It has nothing to do with the DS-160 and it wasn't an overstay, since the Consulate is not allowed to communicate the reasons from other agencies other then USCIS they were unable to tell us the exact reason, only a general reason. I guess I can get the Alien file, but first I will see if the attorney that represented us for the waiver can answer this. I will report back if so.

2 minutes ago, Suss&Camm said:

1. She would use her married name as this is what she wants on her EAD/AP and GC I assume..

2. Well, has she? I'm not sure what the question is. Has she done any of those things, yea or no..

Thank you.

When she applied for the K1 visa they said she was inadmissible because of a misrepresentation, they couldn't tell us what it was because its came from CBP (Customs and Border Patrol) and they are not allowed to disclose information from another agency other than USCIS, but it did require a waiver to get the K1 Visa. We still do not know what the misrepresentation was, it wasn't done willingly, but the Government s interpretation of what "willingly" is isn't the same as "intentionally", because the inadmissabilty that require the waiver also stated willingly, and we have know idea what it was. Since we have the waiver I am unsure of what to answer for the question.

Filling out an I-485 for a K1-Visa in which we are now married. I have two questions thus far in filling out the form.

1. What do we put for the Last Name? Do we put her maiden name or her new married last name?

2. How do I answer Part 3 (processing information) Question 9 if my former fiance received a waiver for misrepresentation , ineligibility under section 212 (a) (6) ( C ) (i).

Filling out an I-485 for a K1-Visa in which we are now married. I have two questions thus far in filling out the form.

1. What do we put for the Last Name? Do we put her maiden name or her new married last name?

2. How do I answer Part 3 (processing information) Question 9 if my former fiance received a waiver for misrepresentation , ineligibility under section 212 (a) (6) ( C ) (i).

Question 9 reads:

"Are you under a final order of civil penalty for violating section 274C of the Immigration and Nationality Act (INA) for use of fraudulent documents or have you, by fraud or willful misrepresentation of a material fact, ever sought to procure, or procured, a visa, other documentation, entry into the United States, or any immigration benefit?"

Does the K2 child have to live and stay with the Fiance parent or can they stay somewhere else with another relative?

Is there any consequences to me, the petitioner, if the the K2 visa holder does not intend to or does not live and stay with me an my Fiance?

The fee you payed before was for that visa processing, which resulted in a refused visa. Therefore you need to pay again, have another interview, be processed again, etc.

It turns out that the information given in the quote a above is incorrect.

Upon receiving the information about having to pay the visa fee again I had asked the embassy if there was someone who i could talk to in the USA to see if we could get the fee waived because it was is beyond our control of the lengthy time it takes the USCIS to process the waiver. They took it upon themselves to check, took a few days, but they kindly replied that since the waiver was filed whithin a year of the original interview that they got clearing and we do NOT have to pay the visa fee again.

Thanks

Is it normal that the Consulate is asking us to pay the K1/K2 visa fees for a second time, I can understand getting a new medical exam because its been over a year since the original K1 interview in which we were told to file a waiver.

The original interview was in May 2015, after hiring an attorney and getting the documentation ready for the waiver we finally filed it in October 2015, after 8 months to process the waiver we finally got approved. Now they want the fees again which we already paid at the original interview. They said because its been over a year, the case number hasn't changed and its not out fault that USCIS is slow to process.

Is there anything we can do about this?

Hello all,

Not sure if anyone remembers me or still reads this thread, I was filer back in August of 2014, and have been quiet since a visa refusal in April-May of 2015.

After a long wait I am back to report, that after finding and hiring an attorney, then preparing the necessary documentation, we filed an I-601 Waiver for grounds of inadmissibility on 9/21/2015, and I am happy to announce that today 6/22/2016 that the waiver has been approved.

It's as wonderful as ever And its home.

Nice to see you made it and now consider Florida your home. I am not too far from you guys, I live in the the next county over, near Cape Canaveral.

Best Wishes

The NOA2 wasn't required at my fiance s interview. All consulates are different, but that document is addressed to the US citizen and I don't think it is expected for the fiance to bring it to the interview, the necessary information regarding the status of the case is sent from NVC to the consulate. In our case, and I'm sure every case, they sent a copy of the I129F that is stamped approved with other information on it such as case #, alien #. The consulate sent us that information after they recieved it from NVC.

Thank you all for your congratulations and kind words.

I hope that this doesn't take too long. Somehow the not knowing is more painful than just being able to know what you are dealing with.

It's comforting (somewhat) to see that you have not been denied. Hopefully that gives you some scope with which to work. Please keep us posted. I tend not to ask questions of you because I can't imagine how difficult it must be for you.

I too have wondered how your case is going, but didn't want to ask.

Hoping that this get straightened out real soon.

Thanks, You guys could of asked, I don't have any problems with that..I have been posting in other Topics trying to find out more about inadmissibility, waivers, form i-601....finally had to contact an attorney to help me with the waiver..the consular has kept us in the dark for about a week and when they finally did respond they really confused us by telling me one reason for the inadmissibility and telling my fiance a different reason for the inadmissibility all within hours, both of which weren't even the original reason for the inadmissibility..one of which is just outlandish..another of which we think is the cause was something her ex-husband did in which my fiance wasn't present and had no part of, he forged his visa about 10 years ago. Therefore had to get an attorney.

I really hope everything works out for you guys I can only imagine how devastating this is for the both of you

Thank you.....we now have an attorney.

I haven't been around for awhile, working on my own case, in which some of you know that we have ran into some problems, the visa has not been denied nor has it been approved....

I just wanted to say Congratulations to all who have been approved..and good look to those still awaiting an interview.

Now all of a sudden the Consular is replying to emails we had sent last week, we got two responses so far today, for emails sent last week.

They are now disclosing information, they tell there was not mistakes on the DS-160, that the consular cannot prompt the applicant about the waiver process (this was the last thing they were asking her before they abruptly stopped the first interview), that the decision the consular has made is based on CBP findings, and that if there was something that the consular could do to address the CBP finding they would, but there is nothing and they have to follow the law.

I am now waiting to see what they say about the two different Sections for the inadmissibility that were quoted yesterday, one about "smuggling" to me in one email and another about "trafficking" in an email to my fiance. I asked why are they sending us different sections for the inadmissibility and which one is the correct one.

You asked : will Scenario 1 cause deportation proceedings.

I asked : for whom ?

You answered : For the daughter because they didn't turn in the I-94 when exiting the country.

My question is now : If the daughter left the US (but did not turn in the I-94) then why did you ask in a previous post if it will start deportation

proceedings ? How can someone be deported not being in the US anymore ?

Again, whose deportation proceedings are you worried about ?

Have you emailed back and asked them which of the category is correct and which (if any) are a mistake ?

Time for your attorney to contact the consulate section chief and have a chit chat about the "findings based on what evidence".

You have not answered my question about your Scenario 1 comment about whose deportation you are worried about.

Yes I emailed asking which one they are finding her inadmissible for even though we think neither are true.

Sorry I missed your second question on the deportation. No, her daughter wasn't left in the US, I really don't know how deportation works, I thought maybe that if they discover that your visa has expired they issue some kind deportation warrant or something. Something has take place, entered into a computer somewhere that you are in violation of overstaying a visa. And I thought if they didn't turn in the I-94 some kind of deportation warrant or PROCESS would take place.

These people are f**cked up.

I posted earlier the contents of the email they sent me about 212(a)(6)(E)

"Thank you for your e-mail, and the additional information provided.

Nevertheless, please consider, the information about circumstances that generated [name] ineligibility have been annotated by the US migration officer (CBP Customs and Boarder Protection), then consular officer’ s determination is based on official sources of information.

Since the annotations were registered by other authority, consular section has to compile with required process, in this case requesting a waiver for the 212(a)(6)(E).

Section 212(a)(6)(E) of the INA provides for the inadmissibility for visa issuance of “any alien” who “at any time”...”knowingly”... has “encouraged, induced, assisted, abetted or aided”...”any other alien”...”to enter or to try to enter the United States” in violation of law is ineligible for a visa and inadmissible to the United States.

Then later on my Fiance receives this email:

212(a)(2)©(i) which prohibits the granting of visa to any person from whom the consular officer knows or has reason to believe has been illicit trafficker in any controlled substance or consciously there has helped, assisted, conspired, worked with others in the illicit trafficking drugs.

They can't seem to make up their mind what it is.

Nothing to do with the daughter, nothing to do with the I 94.

So the ex has another child who is a US Citizen, we can ask questions all day. Strongly suggest that you get to grips with the situation and get it all written down, seems to drip out at the moment.

Only on the basis of what has been said so far, and I have a feeling we are only seeing the tip of the iceberg, the only connection that makes sense is the MIL.

Ohh and there is nothing a Lawyer can do without the facts.

The other child who is a US Citizen is also my fiance's child, he was born in the US. Yes I agree about nothing a lawyer can do without the facts. I am trying to sort them out and am reporting them to you guys as I do...English not my fiance's first language, its not her second language, its her third, her English is pretty good, its that she quite does not understand everything.

If necessary, you can file a FOIA request with the State Department to compel their release of the notes on the case, which will tell you precisely why the visa was refused.

I did that yesterday.

I still don't get why you asked if it would start deportation proceedings. For whom ?

For the daughter because they didn't turn in the I94 form when exiting the country.

duh for me on the MIL.