opsanus

I think I know the answer to this, but of course I am hoping for a more favorable truth. The I-751 instructions do not explicitly clarify the situation of a child who entered the U.S. more than 90 days after his mother (my wife), but then received Permanent Resident status at approximately the same time. In other words: The wording in those instructions does not specifically state anything in reference to the date of K-1 status, and therefore leaves some uncertainty as to the interpretation of our situation. There was a problem with my wife's green card application process, and the result was that although her son arrived more than 7 months later, their applications for green card were processed at about the same time and the cards were received about one month apart, in June and July of 2008. Is it still an absolute that their Removal of Conditions process be in separate applications with separate fees?

My K-1 fiancé and I were married about one month ago. She has a teenage son who is still in Russia with the extended family, and we are now working on bringing him here within a few months if possible. We have recently filed the G-325a, I-864, I-485, and I-765, all sent to the Chicago address. We also filed the I-131 because we both feel that it's necessary for her to travel to Russia to walk her son through the K-2 process. (police document, medical examination, interview at U.S. Consulate) The U.S. Consulate in Moscow is waiting for us to state when we want to schedule the interview, but we can't do that without knowing when she will be able to travel with an A.P. document.

One form I read about but did not send is the I-824. In some descriptions it sounds like I need this, but it's not clear to me that it is necessary. There are references to "follow to join" family situations, which suggests it is needed. However, since the son's K-2 process would take place at the same U.S. Consulate as the mother's (in Moscow) and be issued there, this suggests that maybe it's not needed. Can anyone illuminate this for me?

ALSO, my wife says that there's some special biographical info document that she was required to complete, but was not provided a copy of it - and she says there would be a specific version of it for a boy aged 16 or over. She is afraid we may run into problems if we don't have that all taken care of beforehand. I don't know what she's referring to, and I can't find any reference to it among U.S. immigration forms or in the process guides on visajourney. Anyone know what this could be?

(from Original Poster)

F.Y.I. on this topic of travel to U.S. territories, specifically P.R.: On 3.16 my wife & I returned from 5 days in P.R. Technically she was still on an active K-1. (now expired, as of 3.18) In our experience, using her Russian passport was apparently more than enough to meet the minimum requirement of having some kind of government-issued photo ID. It appeared that no official at either end of the trip took note of the specific nature of the entry visa, and no questions were asked.

My K-1 wife and I are wondering if she should have her Russian passport re-issued with a name change to her new married name. The concern is that in future travel, the existence of 2 different names on various documents, including airline tickets, may cause problems.

From her medical examinations in Russia, my wife has a handwritten sheet that she says is about vaccinations. It has 2 stamps imprinted, but other than those it looks rather unofficial. I am wondering if this (with translation to English) will meet the requirements for the I-485, or if it's too risky?

Mrs. Billy Bong, Thanks for the helpful note.

Yodrak, thanks for nothing. Your response was insulting and not even a valid comment - In fact "Class of Admissions" is NOT standard immigration terminology, if it's not even defined anywhere in the instructions or on the website where you download the appropriate form. Nor is it self-evident. In fact it's clearly another case of fuzzy language in a government form.

Don't bother to respond on forums if this is the attitude you're going to have. The whole purpose of forums is for people who need answers to get answers, and most typically they are doing something for the first time.

opsanus,

Yes.

People who are applying for immigration benefits are reasonably expected to know immigration terminology.

Yodrak

On I-131 Application for Travel Document: In Part 1 item 3., what the hell does Class of Admission mean? In the entire 6 pages of instructions, there is no mention of it. Is this just the visa type, such as K-1? (Certainly not an intuitive description, and they should have provided an explanation.)

Well its obvious the OP doesnt know which is why he's asking a forum.

"Class of Admission Defined by USCIS

We have recently had a number of clients, as well as MurthyDotCom and MurthyBulletin readers, ask us what the USCIS means by the term "Class of Admission" on the new Form I-131, Application for Travel Document. The USCIS has confirmed that they are seeking the applicant's current immigration status. They are not looking for the status at first or most recent entry to the U.S., if different from the current status. For example, if a person entered the U.S. through a Port of Entry and was granted F-1 status, but later changed his or her status to H1B from within the U.S., the correct answer on the form for Class of Admission is H1B. It is unclear why the USCIS decided to change the phrasing of this question. We appreciate that they have clarified the definition so that we are better able to assist our readers and clients in providing accurate information to the USCIS."

On I-131 Application for Travel Document: In Part 1 item 3., what the hell does Class of Admission mean? In the entire 6 pages of instructions, there is no mention of it. Is this just the visa type, such as K-1? (Certainly not an intuitive description, and they should have provided an explanation.)

After posting a similar question on another board (rwguide.com), I got reports that it has been done successfully, to P.R. Another response said that both P.R. and U.S. Virgin Islands are specifically allowed as destinations from which the K1 holder can return, despite not having the conditional green card or Advance Parole from form I-131. Can anyone confirm that? How can I get an official statement on it?

BTW, I called USCIS and went through the process of waiting to speak to a real human. (used the suggestion at www.gethuman.com/us/) The person I spoke to said "NO," that P.R. would be treated as any foreign country, in regard to the K1. However I got the impression that this person was giving an opinion without checking any further. I was not convinced that the person had specifically dealt with this question before, and it seemed to be based solely on the logic of, "P.R. is not one of the 50 states, therefore..."

...

2) No chance on you getting AP in so short a time period for just a trip... Remember, lack of prior planning on your part does not make an emergency on the USCIS's part. ...

Thank you for the insights. However I don't think the implication "lack of planning on my part" is at all relevant. I just got married last week. I just got the marriage certificate today. From what you're saying and what I've read elsewhere, there isn't anything I could have done to make it possible for her to travel outside the U.S. within 3 weeks of our marriage, no matter how long ago I may have thought about this travel. I just didn't know how long that process might take.

Now, as I look for a substitute trip to a warm place that won't have these issues with the I-131 re-entry process: One obvious choice is FL. But what about PUERTO RICO? I would like to know if its status as a U.S. Territory would exempt my wife from the re-entry problem. BTW, her K1 is valid until March 18 and our hoped-for travel would be over by then. So, what about P.R., is that possible?

My K1 fiancé and I were married one week ago. An additional complication in our case (admittedly not uncommon) is that she has a son still in her home country of Russia. We intend to bring him here this year, preferably by June. That will involve her traveling back to Russia, to help him with the process. (He's just 16.) Another more immediate issue is that we want to travel outside the U.S. in a few weeks, for a brief vacation. I haven't yet filed any forms since the K1 process. So, from all that, here are my questions:

1. Name change. If she will take my last name (replacing a last name from a former marriage in Russia), at what level and with what form is that done? Is it part of the SS# filing process, or must it precende that? And most importantly: Does that need to be done BEFORE any other forms are submitted, so as to implement her new married name consistently on everything that follows the K1?

2. Form 131. I assume from what I've read that this reentry permit process is required for ANY travel outside the U.S., not just travel back to the home country. We want to go to Dominican Republic in the 2nd week of March, which is only about 2 weeks from now. Is it feasible to accomplish this in such a short time? How?

3. K2 visa for her son. I have been informed by the U.S. Consulate in Moscow, about what documents will be needed for her son. However they haven't made it clear what sort of timeline to expect. Specifically, the time between request for an interview for her son, granting of the interview date, and how long after the interview will he actually be able to travel.

My great appreciation for any help you can provide!

My K1 fiancé and I were married one week ago. An additional complication in our case (admittedly not uncommon) is that she has a son still in her home country of Russia. We intend to bring him here this year, preferably by June. That will involve her traveling back to Russia, to help him with the process. (He's just 16.) Another more immediate issue is that we want to travel outside the U.S. in a few weeks, for a brief vacation. I haven't yet filed any forms since the K1 process. So, from all that, here are my questions:

1. Name change. If she will take my last name (replacing a last name from a former marriage in Russia), at what level and with what form is that done? Is it part of the SS# filing process, or must it precende that? And most importantly: Does that need to be done BEFORE any other forms are submitted, so as to implement her new married name consistently on everything that follows the K1?

2. Form 131. I assume from what I've read that this reentry permit process is required for ANY travel outside the U.S., not just travel back to the home country. We want to go to Dominican Republic in the 2nd week of March, which is only about 2 weeks from now. Is it feasible to accomplish this in such a short time? How?

3. K2 visa for her son. I have been informed by the U.S. Consulate in Moscow, about what documents will be needed for her son. However they haven't made it clear what sort of timeline to expect. Specifically, the time between request for an interview for her son, granting of the interview date, and how long after the interview will he actually be able to travel.

My great appreciation for any help you can provide!