ItsSunny2Day

10 minutes ago, HRQX said:

What you quoted is a very limited description of K-4. That's why it said: "For more information, see the “K3-K4 Visa” page." In that other page it says:

Your wife entered with CR-1, not K-3. Thus why K-4 is impossible for your stepchild. Also, K-4 is a very rare visa. A K-4 hasn't been issued since September 2017:

• https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2019AnnualReport/FY19AnnualReport-TableXVI-B.pdf
• https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/MonthlyNIVIssuances/SEPTEMBER 2017 - NIV Issuances by Post and Visa Class.pdf

Thank you very much for highlighting this important fact. I don't know how I missed that yesterday when looking at the page.

13 hours ago, geowrian said:

A K-4 visa is a derivative of a K-3 beneficiary. There's no K-3 possible here (let alone K-3 being essentially obsolete for at least the past several years...only a small handful being issued worldwide).

I understand what you wrote me, but based on what I am reading from the link, I am disagreeing with you. Take a look at the entire page. 

How is it that I would not qualify to follow this path? I am a US Citizen, my foreign wife is the Permanent Resident. We are both living in the United States.

There is one unmarried minor child (my step child by marriage, and her blood child) we are looking to bring to the US. 

35 minutes ago, geowrian said:

Assuming that was the case, then the visa was issued in error.

 

Either way, since there is no I-130 for the child already, one needs to be filed now.

DCF would no longer be a viable option here, so you would need to file the I-130 domestically. This will take several months to adjudicate, depending on service center. the timelines for this are the same as for a spouse when filing domestically (https://www.visajourney.com/timeline/irstats.php?cfl=).

You can request an expedite if you meet the criteria: https://www.uscis.gov/policy-manual/volume-1-part-a-chapter-5

I would encourage you to request the expedite...no harm in doing so.

 

Then it goes to NVC for processing: https://www.visajourney.com/wiki/index.php/NVC_Process

That's where the I-864 and DS-260 and such are handled.

Then it will sit there until an interview at CDJ can be scheduled.

You can request an expedite at this stage as well. The decision to approve it or not would be with CDJ.

 

CDJ was extremely backlogged (~9+ months or so for an interview) before the COVID-19 suspension of visa services in March, and is likely months more behind now.

An expedited interview can be requested with sufficient reason (if an expedite was not obtained at the NVC stage previously).

Understood, and thanks for the links. We found this:

https://www.uscis.gov/family/family-us-citizens/bringing-children-sons-and-daughters-live-united-states-permanent-residents

If you are a U.S. citizen, once you file Form I-130, your child is eligible to apply for a nonimmigrant K-4 visa. This will entitle him or her to come to the United States to live and work or go to school while the visa petition is pending. To petition for this benefit, you may file Form I-129F. However, you are not required to file Form I-129F and your child does not require a K-4 visa. Your child may wait abroad for immigrant visa processing. Seeking a K-4 visa can be a method for him or her to come to the United States more quickly. For more information, see the “K3-K4 Visa” page.

#

To all who have contributed to this thread, a continued many thanks.

12 minutes ago, geowrian said:

A spouse or under 21 unmarried child are valid derivatives.

However, Immediate Relative (IR and CR) visas do not permit derivative beneficiaries. An I-130 is required for each beneficiary. Other visa categories permit derivatives.

 

And they issued a visa to the one stepchild without a separate I-130 for the stepchild...?

That should never happen...I'm thinking there was more here than you may recall offhand. They simply cannot issue a CR-2 visa to a stepchild without their own I-130 petition...it would either be a mistake to do so or there was actually another I-130.

 

See here: https://fam.state.gov/fam/09FAM/09FAM050202.html

similarly, for a visa category that does allow derivatives, note that:

 

As it was two years ago, I am the first to admit, all is confusing. However we double checked the paperwork in our well organized binder and also the Cover Letter used to send in the original documents. A single I-130 and I-130A was submitted with the names of my foreign wife, and two foreign minor step children. When the US Consulate issued the Visa in their Passports, my wifes reads CR-1, and my step childs reads CR-2.

Both children were unmarried.

When submitting the DS-260, both minor childrens name appeared.

Back in 2018 we followed to the T the instructions/step by step guide found here on Visa Journey. 

22 minutes ago, geowrian said:

NOTE: This is not a Follow-To-Join (FTJ) scenario. That's for derivatives. The visa class here does not allow derivatives. This is just a normal visa process for a stepchild of a USC.

 

I'm assuming the the "minor child" is still under 21 (and became your stepchild before age 16).

 

To clarify, was an I-130 filed for that child? Because your question implies they had their own I-130, but your statement earlier said "Both minor children were listed on the original I-130", which implies there was only one I-130. Can you clarify how many I-130 petitions were filed?

The best answer to the other questions depends on the response to the above

 

An I-130 does not expire. It can be sent to the NRC and even eventually destroyed. But if it's still alive, it remains valid.

 

That is illegal. One must use the proper visa to enter the US with intent to immigrate.

Hello Geowrian,

I thought the FTJ applies here, as derivaties are the minor children who automatically gain the benefit of immigrating, because of their mom, marrying a US Citizen?
 

Both step children are under 21. At the time of our marriage, where 9 and 13 years of age. Now they are 11 and 15.

When I submitted the one I-130 in 2018, I entered/disclosed the names(s) of both minor children. At the time, one minor child was living with dad, and the other minor child was with mom. When I filed the I-864 Affidavit of Support, I only listed mom and one minor step child, as they were with me in Mexico at the time.

Regards,

Sunny

25 minutes ago, milimelo said:

If you only ever filed a single I-130 (for the child that’s now removing conditions), you need a new I-130 for the other child. 

Hello Milomelo, thanks for your reply. I will address the I-130 in the next post. - Sunny

I cannot speak about Belize, but in Mexico, having a lawyer only complicates simple matters, stretching out something which can be done quickly and for less money, if managed directly.

Have your husband line up all the supporting documents the court needs, and go visit the court that is likely to manage everything. Get friendly with either the supervisor of the clerks, or the court manager. If discretion is absolutely needed, have him invite the person for coffee or lunch to discuss business. At the meeting negotiate a flat fee with a fixed deadline to get the paperwork handled. 

Russel1995, minus any traditions, the process and timeline involved is not so bad. As long as you are organized and have preplanned certain steps, everything can be done in as little as 1-2 weeks. With a little "gift" to the Civil Registry staff, it can move along much faster. As long as your paperwork is in order (Passport, Birth Certificate Apostilled with Certified Transaltion, Divorce papers, etc), the other things can be managed quickly.

- blood test if managed in the morning, will get you the results back early afternoon.

- marriage counseling (4-5 hour session) to be attended at DIF is required, but can be scheduled by phone for a date when you expect to be in the city.

My father as a USC was married (and subsequently divorced) 6 times over the course of his life to non US citizens some of whom arrived into the U.S. as CR-1 applicants.

Does that answer your question?

All foreigners are permitted to physically bring in cash under 10k without declaration. Respectfully I doubt that she will be questioned about the cash she has in per possession, as its actually a small amount, and she is traveling under the K1 Visa, marrying and moving to the US. Just in case, she can carry with her the original bank statement and then withdrawal receipt to show CBP if she is asked for the source of the funds.

If her funds are in MXN and need to be converted to USD, you can:

- do a bank to bank wire transfer, with outbound and inbound fees totaling about 35-50 USD

- use a money transfer service like Western Union, Money Gram, or RIA Money Transfer*

- enroll her in Paypal or other service, connecting her bank account to it, using her Mexican bank account CLABE (18 digits) 

* Money transfer services collect both "transfer fees" and also make money on the actual conversion from one country currency to another. Transfer services also have limits on how much $ can be transferred per transaction. 

Consider using FedEX/DHL, overnight delivery to a El Paso, Texas address. If you don't have anyone you know in El Paso, choose a FedEx/Kinkos location nearest the border crossing. Be sure to address the label:

<name of business>
c/o Customer <name of person with ID picking up the envelope>

<address of business location>

You're welcome! And for everyone ...

The networks that belongs to ATT are: 

- ATT

- Movistar EXT

- TelCel EXT

Arriving into CDJ our ATT Mexico phone switched itself automatically over to another local ATT network. 

I believe someone on here posted their own experience with the expired form being presented at the CDJ Consulate. During the interview, the CO suspended the approval pending the most recent form being submitted. That caused me to look at my own form, and realized that I had to redo the form. It took 10 minutes.

Like the others, I also highly recommend you save the thousands of USD in unnecessary attorney fees, and file the paperwork yourself. We did! There are plenty of easy to understand instructions and form samples on this forum. Plus there are thousands of members here who have gone through the process, or are about to, that can answer questions as they come  up.

Reach out to ATT in the U.S. first, getting clear instructions as to which network, if any, you will need to switch to in Juarez. If all else fails, as soon as you arrive you can try getting assistance from a ATT Mexico Customer Center manager in Juarez. 

They are legally two different carriers, but should be able to assist you.

I have ATT Mexico and had to switch networks when leaving Tijuana for Mexicali which are both in Baja California.

11 minutes ago, Rameda said:

I just sent you an email.  Thanks.

Replied!

14 minutes ago, Rameda said:

Any chance you have the number?  so my hubby can call them for the State Police?  I can't speak spanish unfortunately.  

At my finger tips no. Google: secretaria de seguridad publica de <insert CDMX or DF>

When your husband calls, he only needs to ask, if that location issues a "Police Certificate" for Uber drivers. 

He needs to just walk in, pay the fee at the ATM type machine, and show the sample "Police Certificate".

I will send you a PM now with my email address. Write me and I will response with a photo of the one we recently obtained.

Edited: saw that you posted CDMX

7 minutes ago, Boiler said:

I have friends who have a Hotel and have currently 3 J1's working for them for the summer, Hotel and Restaurant work.

Boiler, likely your friends who own the Hotel, have a long standing plan to use seasonal workers. I have 17 years in the Hotel/restaurant business, and I stand behind the comment that an employer is not likely to sponsor a single individual, one time, for only 1-2 months. 

You can obtain one from the Federal Police (which can take up to 15 days to be ready for pickup) or from the State Police (which will be ready the same day, often in a manner of minutes).

It is unfortunate but most workers including managers at the various police agencies are not accustomed to releasing a "Police Certificate" for the purpose of you immigrating to the US.
Literally we had to call the Assistant Director for State Police in Mexicali, Baja California, explain what we needed, and she called the local office we were at.

After checking the ID, scanning the finger for a print, and taking a photo, they issued us a simple letter without a photo in a manner of minutes. Cost was about 180 MXN.

Good luck!

Seeing MushroomSpore add some more detail/clarity to my original response, I agree with his/her response.

All of the above comments are absolutely correct. Sorry!

Regarding a restaurant being a sponsor for Visa that offers full time employment or seasonal based work opportunity ... sure its possible, but highly unlikely the restaurant owner/management would get involved in the process. It's too expensive and time consuming to have a single worker for 1-2 months.

If you are attending the Ciudad Juarez Consulate, the Consul Officer conducting the interview is able to speak in both Spanish and English.

If your husband speaks another language other than Spanish or English, you or someone you know who is competent in that language + English can be used. The interpreter does not need to be licensed or certified.

MushroomSpore's link also answers the issue of being "Impartial and Unbias"

3. Impartial and Unbiased Individual

The interpreter must be impartial and able to interpret without bias. An impartial and unbiased individual is one who does not have a predisposition or preconceived opinion about a matter. A predisposition or preconceived opinion may prevent the individual from interpreting information accurately, literally, and fully or making a reliable interpreter declaration. Officers must consider potential conflicts of interest between an interviewee and his or her proposed interpreter, as well as any other circumstances that might interfere with the interpreter’s ability to provide an accurate, literal, and full interpretation. Interpreters and the interviewees must disclose any relationship, predisposition, or preconceived opinion that could affect the interpreter’s objectivity and consequently his or her ability to provide impartial and objective interpretation during the interview. For example, some friends, family members, or persons with financial connections to the interviewee (e.g. business partners) could have either actual conflicts of interest with the interviewee or have a strong personal interest in the interviewee obtaining the immigration benefit at issue such that the proposed interpreter is not able to provide impartial and unbiased interpretation services. 12 As such, family members will generally be disfavored as interpreters if there is another qualified interpreter available to the customer. Upon disclosure, the officer must use his or her discretion in making a determination as to whether the circumstances will interfere with the interpreter’s ability to interpret objectively and provide an accurate and truthful interpretation of the information conveyed during the interview. If the officer determines that despite the relationships or 10 Immigration laws typically permit the parents or guardians of minors under 14 years of age to act on their behalf. To illustrate, minors under 14 can have their parents or guardians sign immigration benefit forms or appear for naturalization interviews. Additionally, minors under age 14 are not required to submit to fingerprinting. 11 The interviewing officer always monitor for indications of interpretation problems between the parties regardless of certification. 12 For example, if the proposed interpreter may derive a financial benefit from approval of (or suffer detriment due to denial of) an immigration benefit for the interviewee, the proposed interpreter might not be permitted to interpret due to a potential conflict of interest. PM-602- 0125.1: The Role and Use of Interpreters in Domestic Field Office Interviews without USCIS-Provided Interpretation Page 6 other circumstances disclosed, the interpreter can still provide competent, impartial and unbiased interpretation, then the interpreter may normally be accepted. 13 Where the proposed interpreter is a derivative (e.g., spouse or child) of the interviewee and could obtain an immigration benefit if the interviewee’s application or petition is granted, the officer should be particularly vigilant in making his or her determination as to whether the derivative may, nevertheless, be able to meet the impartiality and unbiased requirement. The officer should continue such vigilance throughout the interview for any signs that the interpreter is violating the interpreter’s Declaration. 14 However, the officer must not predetermine that a derivative beneficiary is disqualified from serving as an interpreter, due to a conflict of interest, solely because he or she is a derivative beneficiary.

Traveling to the US on a tourist visa with the intent to marry in the US is considered fraudulent. USMSBOW is correct, that you can state to USCIS that the decision to marry was spontaneous.

Marrying in the USA, and having her return to CA, will cause her to remain in CA until the i-130 is approved and until US Consul approves the DS-260 and issues the new Visa to enter the US (about one year).

Your lawyer is correct, if she was to remain in the US after the wedding, you could file the i-130 and request the AOS. However again as USMSBOW pointed out, your wife would need to remain in the USA until she received her green card, or sought a Advance Parole (permission to temporarily leave the US for a short period of time).