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Joshua Kaufman

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Posts posted by Joshua Kaufman

  1. That's a tough one because they need the receipt to see that you've applied for AOS before they'll consider the request.

    That's my main concern, but surely they'll consider the request if it's truly urgent, right? They can not keep her from visiting her family and carrying out her work just because of their ridiculous beaurocrasy!

  2. I'm currently mulling through adjustment of status forms for my wife and step-son and plan to submit them by December 15. The issue is that my wife urgently needs to leave the country for both family and work reasons. She is planning to travel in early January. Being so close to Christmas, it seems like we need to get an infopass appointment immediately and file for advance parole in person. My concern is that our appointment may happen to soon after we submit the AOS package: they may not have processed it by the time we apply for advance parole.

    Has anyone else had this issue before? What are our chances of getting advance parole considering the circumstances?

    Thanks so much for you help!

  3. Okay, here's my big AOS application checklist for wife and step-son. Am I missing anything?

    Wife's application

    • I-485 (with fee of $1010)
    • G-325A
    • I-693A
    • I-864

    • Copy of 2007 income tax return
    • Proof of employment (letter from employer and pay stubs)

    • I-765 (with fee of $340)

    • Copy of Passport
    • Two passport photos

    • I-131 (with fee of $305)

    • Copy of Passport
    • Copy of Visa
    • Explanation of circumstances that warrant issuance of advance parole

    • Copy of passport
    • Copy of K-1 visa
    • Copy of I-94 (front and back!)
    • Copy of birth certificate with English translation
    • Copy of NAO2 "Approval" for I-129F
    • Certified copy of marraige license
    • Two passport photos

    Step-son's application

    • I-485 (with fee of $600)
    • G-325A
    • I-693A
    • I-131 (with fee of $305)
    • Copy of passport
    • Copy of K-2 Visa
    • Copy of I-94 (front and back!)
    • Copy of birth certificate
    • Two passport photos
  4. Greetings VJ community! My wife and child entered United States on October 12, we married on November 8 and now I'm preparing to file for their adjustment of status application. I reviewed the helpful checklist here but it doesn't specifically mention details for children of K-1's. Based on what I can find, here's what I think I need to do - as well as some questions - for her child (in addition to the regular instructions):

    1. Submit an additional I-485 and G-325A and I-693 for her child.

    2. According to the instructions my wife's fee will be $1010 (including the biometric fee) but I'm not sure how much the fee will be for her 10-year-old child. The instructions say "The fee for a child under the age fourteen years will be $600.00 when submitted concurrently for adjudication with the application of a parent under sections 201(B)(A)(i), 203(a) (2)(A) and 203(d) of the INA." Does that include her 10-year-old son if I'm filing them at the same time?

    3. Obviously, passport photos for her child.

    Is there anything I missed? Any other advice for a new step-father eager to get his family through the immigration hoops? :)

    Thanks!

    Joshua

  5. You'll want to check with the Consulate as to the format and certification of any permission document but yes, they do accept them. In my experience they want the equivalent of a notarized affidavit from the other parent, giving permission. A notary would certify the signing was done in their presence and that they verified the identity of the person signing.

    Okay. Does anyone know of a form letter that could be used or have a letter that they've used successfully for this purpose?

  6. My fiance and step-son recently had their interview in Frankfurt. Everything was fine until they came to the topic of custody of her 10-year-old son. (Both my fiance and step-son have German passports although my step-son was born in London, England. My fiance and his father have been separated for almost 9 years.)

    Basically, the immigration officer said that she needed something proving that she has custody of her son otherwise the consulate would view it as "kidnapping her son to America" - they actually said that! The thing is under German law, if the father hasn't been around and the child lives continuously with the mother then custody is automatic. She knew this, but went to a legal assistant to check anyway. They told her the same thing.

    So she did two things to try to get this proof. First, she went to the court (I can't remember the exact name she gave) and asked them for some documentation of this, and their reply was that they couldn't give her proof of something that was already in effect. In other words, yes she had custody; no, they couldn't give her a document to show that. Next, she went to social services and asked for a similar document. They couldn't help her either because her son wasn't born in Germany.

    The only thing that she thinks she can use is a letter from her son's father stating that he's aware of their move to the United States and grants them permission to do so. This may be enough for the consulate, but I'm concerned that it may not be enough for the border officers.

    Does anyone have any ideas what could be done in this situation? I was proud to get this far without a lawyer but I'm feeling like I may have to do that to be safe... :huh:

  7. My fiance and step-son recently had their interview in Frankfurt. Everything was fine until they came to the topic of custody of her 10-year-old son. (Both my fiance and step-son have German passports although my step-son was born in London, England. My fiance and his father have been separated for almost 9 years.)

    Basically, the immigration officer said that she needed something proving that she has custody of her son otherwise the consulate would view it as "kidnapping her son to America" - they actually said that! The thing is under German law, if the father hasn't been around and the child lives continuously with the mother then custody is automatic. She knew this, but went to a legal assistant to check anyway. They told her the same thing.

    So she did two things to try to get this proof. First, she went to the court (I can't remember the exact name she gave) and asked them for some documentation of this, and their reply was that they couldn't give her proof of something that was already in effect. In other words, yes she had custody; no, they couldn't give her a document to show that. Next, she went to social services and asked for a similar document. They couldn't help her either because her son wasn't born in Germany.

    The only thing that she thinks she can use is a letter from her son's father stating that he's aware of their move to the United States and grants them permission to do so. This may be enough for the consulate, but I'm concerned that it may not be enough for the border officers.

    Does anyone have any ideas what could be done in this situation? I was proud to get this far without a lawyer but I'm feeling like I may have to do that to be safe... :huh:

  8. So I'm finally expecting my fiance to have her visa in a week or two, and she'll be entering the United States shortly after. However, she is German and keen to return to Europe for several business projects over the next six months to a year. In my big Fiance and Marriage Visas book, it says that that can only be done after filing for adjustment of status and only if she applies for Advance Parole.

    Has anyone used Advance Parole successfully to leave and then reenter the United States multiple times during the adjustment of status application? How easy or difficult is it?

  9. My fiance has recently found out that her interview is scheduled for September 21. I have a book that says something about fees at the interview so I thought I should email the consulate and find out how much the fee will be. Here is their reply:

    "There is an 85.00 Euro fee but that fee has to be paid ahead of time by your Fiancé. The instructions how to pay the fee were in the Packet that was sent to your Fiancé. Enclosed you will find another copy of the fee instructions."

    When they said "ahead of time", when are they referring to? Has anyone else here had their interview at Frankfurt? When is this fee due? :unsure:

  10. Don't know where you got the 70 bucks fee. Better sh!t can that book! Hope it didn't cost much! :blink:

    Used to be 70 for Biometrics and is 80 now but Biometrics fees don't have anything to do with embassy interview fees.

    They come later.

    Actually, I just received word from the Frankfurt consulate and they are asking $85 per applicant, including children. My fiance didn't mention this so I hope that she has paid it already!

  11. Yep, the Consular officers routinely extend the validity. Skip the form unless you have a specific unusual circumstance prompting you to use it.

    Just skip the form? Can you find an official resource that says the same thing? I mean, this isn't just a form we're talking about; the entire petition process would have to be repeated. I emailed the consulate and they explicitly told me that they need the aforementioned letter.

    I was planning to rush to complete the form today, including notarization and sending by FedEx second day.

  12. I'm the process of filling out the "Request to Extend Approval of I-129f" on this page.

    Everything makes sense except for "It is my understanding that pursuant to 9FAM 41.81 N3.1 (Period of validity)" What do I put in place of (Period of validitiy)? :help: Does it really have to be notarized?!

    Also, I didn't remember that the petition will expire until less than a week before it actually expires! If they receive the letter AFTER the official expiry date, can they/will they extend it? I'm so worried that it will expire and there's nothing I can do :o

  13. My fiancee in Germany received her instruction packet at the end of May and returned it a few weeks ago. She's also completed all the paperwork except for one final vaccination she needs to have done. After that point, her doctor will send the papers off to the U.S Consulate in Frankfort.

    What is the current waiting time for an interview in Germany? Are people getting their interview relatively soon after submitting their papers? Or is it taking a while?

    Joshua

  14. So I get what you're saying about a competent translator (my fiancee is definitely that). Does that mean that she can translate it and then have it notarized? :)

    Sounds like it -- the person who translates it signs that blurb about being competent in front of a notary. It's kind of a strange requirement from the consulate since a notary only proves that the signature belongs to the person who signed it - having it notarized doesn't prove they are competent or that the translation is accurate. But I guess they think that makes it more "official"!

    Wow. Sweet! But can anyone confirm they've actually done this? (Specifically at the Frankfurt consulate would be even better)

  15. You don't need a "certified translator" (not even sure an organization exists to "certify" them).

    What you do need is the following:

    http://tinyurl.com/vtj32

    Thanks KitKat. I've read that before, but this translation is for the U.S. Consulate in Frankfort, Germany. In their requirements they state:

    Translations must be by a competent translator and sworn before a Notary Public.

    So I get what you're saying about a competent translator (my fiancee is definitely that). Does that mean that she can translate it and then have it notarized? :)

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