Danny&Adri

. . . and the attached is what I found.

Thank you all for the very good input.

Finding this web site back in 2004 was a God send. The whole visa journey community has been fabulous with all the questions I have had. Much more helpful than my calls to the USCIS, my visits to my local office and even my letters to my Senator. Thank you all so very much.

I was born in the US. My wife and step son got their Green Card in June 2007. My wife is exploring the US Citizenship process. My step son is 14.

1. Is there a way for my wife and step son to both get their citizenship processed at the same time (now, not waiting for him to turn 18)?

2. If so, is there a significant risk that his might be rejected and hers approved?

3. If not, is there a way for perhaps my wife to get her citizenship and then for her to sponsor the citizenship for my step son (her biological son) before he is 18?

I have also never heard of a green card with travel restrictions on it.

Through the processes when my wife entered on a K1 (fiancee) visa, she was issued a green card but was told she had conditional residency. The only condition they noted was that she could not leave the US for two years. I thought that was standard for a green card issued with a K1 visa.

If that's not the standard process, what other types of conditions are there that are causing everyone to so anxiously wait to be removed, in this forum titled "Removing Conditions on Residency General Discussion"?

Dan

So after a couple of submission issues (Click here) we finally got our I-751 NOA stating that they have received our package(s). In that NOA, as I believe most of you have seen, there is verbiage stating that resident alien status has been extended for 1 year and that this NOA can be used for travel and work.

The green card that my wife has expires in June. On that green card, it notes she has work privileges so she will give a copy of this NOA to her employer. However, she does not have travel/re-entry privileges, i.e. if she leaves the country, she cannot come back (without whatever necessary paperwork that would probably take years to get.)

My question is about this NOA and the fact it says it can be used for travel. Does that mean she has been given immediately rights to leave the US and come back? Or must we still wait to get the official green card with travel privileges?

If so, is there anyone else in a similar situation that has used this letter for travel and were there any issues?

Thanks for your input.

Dan

Update: Our plans are to:

• just pay the extra bucks and file separately (DONE.)
• once the conditions are removed, send inquiry to ??? to get response on why if mother and child file for green card in same "packet" that the child's was issued first, causing this problem,
• forward that response to our Senator attempting to get refund (HA HA - yeah, right!) and explain how we think the regulation is in error to see if it can be changed so future folks will not have this same issue.

Thanks to all for the input.

Check is made out properly to Department of Homeland Security.

Apparently child has to be within 90 days after mother and cannot be 90 days before; at least according to the response on the NOA. (They cited 8CFR Sec 216.4, but I do not even know where to look up this particular code reference to double check if they are correct.)

I called the USCIS this morning and got some person that just acted like a robot... not thought... just kept saying, well you've got to do what it says on the form. When I asked how to appeal, they said there is no appeal process because the application was never considered to have been received.

I will be happy to keep you all informed as to what I find out and how it goes.

During this whole multi-year process the visajourney community has been so very, very helpful. Thanks to you all.

check should be for $625 ($465 fee + $80 + $80 biometrics)

Yep, that's the amount we had but it got sent back twice.

It sucks but I wouldn't fight it.

I'm going to "fight" it a little, at least call them and ask. Maybe call my Senator as jane2005 suggested. I think that will be mostly to gripe as I have little faith in the government's ability to actually give a flip.

However, I'm not going to risk it by letting the date get too close. I will probably end up sending the multiple forms and the extra $$$.

Mom and son entered US on a K1 and K2 visa on 10/15/06. After the marriage, we filed the 485 forms for both on the same day and in the same package. Both received their biometrics appointments on the same day.

The green card was sent for the son about 15 days prior to mom's. No big deal, so we thought...

We submitted our I-751 form and it was rejected and returned almost without comment, noting the check amount was wrong. We double checked the amount, called USCIS offices and talked with two different people ensuring us the check was right and that we should resubmit the paperwork with a letter asking a supervisor to review. We did.

Today, Saturday, we've received the rejection NOA and returned package again. They have noted that the child can only be included on the same I-751 form if the child received the green card "concurrent with or within 90 days after the parent." They want us to resubmit the forms again, with multiple I-751 forms.

Issue 1 - (minor considering) is there a way to appeal this. It doesn't seem 'fair' to me that I have to pay an extra $465.

Issue 2 - I'm concerned that this refiling will cause green cards to expire. For my wife and her job, is there something we can do to ensure all is still okay with her job.

Thanks for any thoughts or suggestions.

Dan

you can travel with the conditional green card.... you don't need AP or anything

?!?!? I guess I need to go back and read the conditions of the green card.

Thanks for the info on both questions.

A couple of questions. I feel like it's been a while since I filed anything and I want to make sure I'm not missing steps.

1. Conditional Green Cards were received for my wife and stepson in June of 2007. I know I need to submit the I-751 paperwork in March/April of 2009. Is there anything I need to submit before then? (I used to see these notices in the 1970s stating that Permanent Residents had to update the government with their current address every Jan 15. Is that still a requirement?)

2. Christmas is just over and the family back in Colombia is being missed very much. If there is no hardship and no special circumstances, is there anyway to get back there before the I-751 is approved in 2009?

Thanks for your input.

Dan

We filed EAD at beginning of January. US CIS website now has Dec 27th as the date for which they are processing current EADs. We're hoping ours will be processed soon.

At that time, when they send us the next notification, will that be the point my wife can work? (She has SSN already, but it is stamped with something like, "cannot work without other permission".)

In other words is this going to be the point she can start looking for work, or is there going to be something else we have to do... like resubmit the SSN application to get a new card without the stamp mentioned above.

Sorry about being confused. I just feel like I'm getting bogged down in the process.

Dan

We submitted AOS and EAD paperwork on Jan 9.

I'm hoping y'all can confirm what I think I'm seeing.

> Our EAD is in MSC and CIS currently shows Dec 4th as the date they are processing.

> Our AOS is in CSC and CIS currently shows Aug 21st as the date they are processing.

1. Does this mean we will probaby be getting EAD in about a month?

2. Does it mean we will probably be waiting 5 more months for AOS stuff?

3. What are the odds they will switch our EAD to CSC?

I'm just trying to make sure I understand. Here's what I've learned (or at least been told) so far:

• > Adriana (K1 applicant, now my wife ) received SSN and has applied for EAD.
  > Nicky (K2 applicant, 10 years old) was turned down when SSN was requested.
  > I am doing taxes and will completed W-7 for Nicky, which gives a ITIN instead of a SSN.
  > The ITIN will look like an SSN but start with a "9".
  

Question 1: When Nicky gets to be 16 and wants to work, will he then need to apply for the SSN and EAD?

Question 2: If we were to open a bank account for Nicky today, would the ITIN be sufficent?

Any input to these questions, or just general information will be greatly appreciated.

Thanks,

I made the mistake of only sending in one copy of the taxes... and got an RFE for it. Make sure you make a second copy for the K2 as well.

Jim

In regards to the G-325A, Biographical Information form, do you have any thoughts on what I should do for the child's signature. Should I have the 10 year old sign the forms or have his mom do it for him?

I'm not quite sure how an AOS adjustment of status should be done after a K1/K2 visa for marriage. We have married and now when submitting the paperwork, should the two request be kind of merged into one packet or separated?

For my new wife and her son, my thinking it should be separated and not all the documents mingled together. (I figured they do NOT want to see something like: her 485, his 485, her passport, his passport, etc.)

Below is a copy of my cover letter, listing the items we are planning to include and in what order. Does anyone see any glaring issues with it?

This packet includes:

1. Payment in the amount of $620.00

o $325 for spouse's I-485 application fee

o $ 70 for spouse’s biometrics services fee

o $225 for son’s I-485 application fee (he is 10.)

2. Application Form I-485 Packet for non-US citizen spouse

o Completed I-485 Form

o Copy passport, including K1 visa.

o Copy of NOA2 "Approval" for the original I-129F

o Copy of I-94

o Copy of birth certificate along with English translation.

o Certified copy of marriage certificate.

o Copy of divorce documents along with English translation, for non-US citizen spouse.

o G-325A with supporting photos.

o Copy of Medical Check Form as submitted with K1 visa.

o Copy of vaccination supplement I-693A as submitted with the K1 visa.

o I-864, Affidavit of Support

o I-765, Application for Employment Authorization with supporting photos

o I-131, Application for Travel Document with supporting photos

3. Application Form I-485 Packet for non-US spouse’s child

o Completed I-485 Form

o Copy passport, including K2 visa.

o Copy of NOA2 "Approval" for the original I-129F

o Copy of I-94

o Copy of birth certificate along with English translation.

o G-325A with supporting photos.

o Copy of Medical Check Form as submitted with K1 visa.

o Copy of vaccination supplement I-693A as submitted with the K1 visa.

o I-864, Affidavit of Support

o I-131, Application for Travel Document with supporting photos

Is it normal that it take so long to recieve packet 4 its been 20 days since the embassy in Bogota recieve the fax copy from packet 3 any suggestions!!

We sent our packet 3 on 8/24 and received packet 4 on 9/7. This was 14 days and my fiancee lived in Bogota. I would not worry about the mail, since the embassy did not send it through the Colombian mail, but through a private courier.

If you have not received it after one month, then you might want to by a PIN and follow-up with a phone call to the embassy.

I realize the waiting is difficult. We were just as impatient. We bought our PIN on the 14th day to follow-up, but then received the packet later that day.

Alert - -

We had a situation that I wanted to alert everyone too. To leave with her son, my fiancee had a notorized document from the father. She called DAS in advanced and double checked that this was all she would need. (Along with the passport and visa, obviously.)

When she arrived at the airport, they said that since the notorized permission was signed 7 months ago, it was too old. She begged and pleaded and begged and pleaded with the supervisor, they finally let her through.

Since many of us have been waiting long time to get through IMBRA paperwork, I thought others might also have "old" notorized permissions like this. BUT DAS did not say how current it had to be... i.e. what they considered the expiration of these forms.

Best of luck to you all. The good news is that I do have my new family here with me... safe and sound.

Danny

Our paperwork left NVC on 8/9/2006 and the Bogota embassy received it on 8/11/06. My fiancee lives in Bogota and received packet 3 on 8/14/06. (I've heard stories of those in Cali or elsewhere not getting their packet 3 as quick as that.)

My fiancee had no problem getting a medical appointment, however she had concerns about the one she selected. His name was Jairo Roa and she suggested y'all avoid him if possible. See thread I posted.

I don't remember exactly what it was she submitted to get the appointment at the embassy scheduled, but I know it was minimal. The information in packet 3 was very clear.

The web site for the U.S. Embassy in Bogota has more information about some of the items requested. The English page is at U.S. Embassy in Bogota. It states, "All Colombian citizens over 18 years old must obtain a police certificate at the nearest DAS (Departamento Administrativo de Seguridad) office."

I posted a long narrative of what to expect at the embassy. To see it,

click here.

Good luck! Overall, this part was pretty easy... even though we were quite nervous.

Since Tulua is not that close to Bogota we are hoping for an interview date no sooner than November 3...

Best of luck!

The consul then saw I was standing there behind my fiancee eager to speak to him...

CONGRATULATIONS! And best of luck.

As for me, the consul saw me there standing much as you were, but he never even glanced my way. Of course I didn't care one way or the other once he handed my fiancee the receipt and said, "Come pick up your visa tomorrow." B)

The embassy received our petition on 9/5/06 and still no packet 3.

Thanks to everyone for the good wishes. We are definitely excited!

salgood -- We got our packet 3 quickly in Bogota, however I heard news from others that the packets sent to other places, Cali or Barrenquilla, were quite a bit slower... but a month seems like a long time.

Check out the process for calling the embassy... with the PIN number. I heard a couple of folks stating it was lost in the mail.

ALSO - please note your new number on the notice from the NVC, beginning with "BOG". You will find that is the number they use on the web site to show your interview date.

So here's the story... but important things first:

WE GOT THE VISA !!!

I'm sorry if there is too much detail, but if others are as anxious as I was, they might want to know.

I went to Bogota on 26th to be at the interview, too. We spent the 27th going over paperwork. I week or so before the interview, I check the Visa Journey reports (under "Immigration Timelines" above) to see if any other VJers had an interview scheduled in Bogota for the 28th. I found that Audrie and Jose Carlos (user name Audrie) would be, so I sent an e-mail so we all could at least say hello.

As I talk of "embassy" and "windows" and "interviewers" do not think so much of an office environment as I was expecting. Picture an outdoor pavillion with lots of black iron fences and concrete walls. The seating area was a covered concrete area, perhaps like the an eating area at your favorite amusement park. The windows where the questions and interviews where held seemed more like concert ticket windows than anything else.

Our appt was for 7:00. We showed up at 6:00 and were about fifth in line. A couple of street vendors were selling coffee, gum and cigerettes. At about 6:30, several embassy employees started dividing us into lines for K1 visa or other stuff. We were told to double check our paper work and they discussed what we would need. In doing so, we realized we were missing from our stack an old passport. Adri called her brother who said he would bring it to us. We asked one of the ladies outside, how could we get the passport once it was delivered. She said there was a process, but that someone inside would have to tell us.

We were then taken through security where no cameras were allowed. I don't think other electronic equipment was either, like computers or music devices, but I'm not positive about that. Cell phones were allowed.

After security, we walked down a sidewalk through a second entry way that took us into the pavillion area mentioned. The person at the gate had the K1 folks set along a long bench. Right at 7:00 a lady went over the process again, basically reading a large print out of Packet 4 letter. She then started processing us, giving us a folder labeled "K1" and having us arrange our paperwork in there. This lady was the same lady we had asked outside about getting the passport from Adri's brother. Adri asked who could tell us. She then told us the process, which I'll detail in the next paragraph. (I found this amusing that she would not tell us outside but would after we were in - - - She was quite rude in all of her attitude.)

We were sent to a seating area to coordinate our paperwork into the folder. In about 10 minutes we were called to "Window 29" where a lady checked all our paperwork. She had a copy of the file that we initially sent to Texas Service Center (then CSC) and she returned a large number of things out of that file that she did not need, like extra translations we had done that I guess were not needed. About this time Adri's brother called on the mobile stating that he was outside the embassy. They would not let him in. What they did allow was for me to leave the pavillion area, but NOT leave out of the secure area. I walked to the secure area where Adri's brother handed me the passport through the fence. I was surprised the guards did not seem to watch me to closely, but perhaps they could tell it was just a passport even from a distance.

I took the passport back to Adri who was still at the window. She was speaking through a phone to the lady behind the window who was very quickly checking the folder from the CSC and the folder of items required in packet 4. This whole process, including me going up to the front security, took about 15 minutes. She told us we would be called to "Window 2" for fingerprinting. We were called after about 20 minutes and then told to wait for the interview. By now, it was approximately 8:00. We started the long wait.

The chairs were like uncomfortable lawn furniture. The wind was blowing some and it was quite cool unless you were in the sun. There were restrooms and a small cafeteria where you could get coffee, sodas and some danished. During this time we started looking for Audrie and Jose Carlos, the other VJers I mentioned. We found them. They seemed to be about an hour behind us in the process, meaning their Window 29 and their fingerprints seemed to happen about an hour after ours did.

So we sat and chatted. Audrie and Jose Carlos seemed as nervous as us. I think Audrie was the same as me, in that we flew down just to make sure we were there to assist our fiance(e)s however we could. It was good to have the company while we stared at the walls.... and waited.... and waited some more.

At about 11:30, Audrie and Jose Carlos got called. Me and Adri got really nervous... what had we missed or what had happen to cause us to get missed? We didn't know. We thought we were about an hour ahead. (Maybe because we are getting a K2 also, for Adri's son.)

After about a 3 minute interview Audrie and Jose Carlos came back with great smiles on their faces. They were told to pick up their visa that afternoon at 4:00. We of course were so happy for them, but still terribly nervous ourselves. About 5 minutes later we were called.

Up until this time, everyone we had seen, all the security, all the folks behind the windows, all the assistances, seemed to be Colombian. They ones I spoke English to, could not understand me. (I do not speak Spanish.) They all also seemed to be "extremely business like", bordering on rude.

The man that interviewed Adri was an American, but Adri said his Spanish was very good. He was still business like, but not so terse.

When she got to the window and picked up the phone, she said, "Buenos tardes." He looked at his watch and said in Spanish something like, "What? No, not yet. Don't scare me like that." He was very personable, asked a couple of questions in Spanish like, "Where did you meet?", "Has Danny met your son?", "How does your son feel about him?" Then without warning he switched to English and said, "So where did you learn English?" and finished the interview with a few questions in English. Since Adri is so fluent in English and in the English e-mails she sent to me, I'm sure he was just checking to make sure the e-mails and her communications were really from her. After about 3 or 4 minutes of questioning, he handed her a slip of paper and said we could pick up the visa the next day at 4:00. (WOO HOO)

I was standing about 5 feet from her, but he never asked to talk to me. At the end of the interview he handed us back the pictures we submitted last April when we started the process. He never asked for the additional proof of the relationship that we prepared for the interview; they had all the previous paperwork.

Next day, picking up visas - -

They would only let the beneficiaries in, the sponsors had to stand outside the embassy. I saw Jose Carlos who told me the embassy was not able to get theirs done on the previous afternoon (the same day as the interview) so he had to come on the following day, like us. I am speculating that since he was from Barrenquilla, they might have tried to get his visa completed on the interview day. Adri lives in Bogota. so they might have planned ours for the following day.

They would not let anyone in the gates until 4:00. They then passed out the visas in the same order as they were approved on the day before. We were one of the last, but still Adri got out by about 4:30. She had the visa and a sealed envalope to give to the US Immigration officer at her point of entry. The embassy official was joking some and said the envalope contained a letter that basically said, "If this person does not get married in 90 days, here is the address you should hunt them down at." :-)

While the beneficiaries were inside getting the visas, the sponsors who were there were chatting out side. I met a man (non-VJer) that said that his fiancee had an interview one week before and was denied. He said that according to his fiancee, the lady that interviewed her denied everyone that day. She was told she did not have enough proof of relationship and asked why her fiance was not there to support her if they had the relationship. They man I met said that after this, he flew down to Bogota for the re-interview on the 28th and that he and his fiancee brought "tons" of extra proof of relationship documents. On the 28th, his fiancee got the same interviewer as my fiancee did. This interviewer did not even ask to talk to him, just as I was not asked to speak to the interviewer either. Perhaps just being there was sufficient.

We then left, bought plane tickets for Adri and her son and went home to celebrate with her family. Some tears of joy and some tears of sadness that she would be leaving.

I'm too tired to go back and proof read this, but if any of you have specific questions, feel free to post them or e-mail me.

There is one thing I wanted to mention. Adri and her son were getting K1 and K2 visas. We were told her son not only did not need to be there, but that children were not allowed. This did not seem to be the case. There were a number of kids in the interview process. Adri took her son the second day when she picked up the visa. It was not a problem.

This board has been so wonderful to me in getting us through the process, I hope this helps some of you in your expectations of the interview process.