P&G2019

1 hour ago, Mike E said:

It’s a 700 day wait for a B visa out of Bogotá  according to another post on this thread.   If having the siblings meet is an imperative, then the family in the USA should travel to Colombia or meet the other family in a third country.  

We went in January when the baby was 3 months and going again in July. We are traveling to Colombia given the circumstance. However you know that even if you have PTO which in the States is not the best (we both work for a great company), the time that you’re allowed to take off is in small increments. Our idea was for him to spend a month here to allow us some flexibility with work also. 
yes, 700 day wait is a long way so for now we will continue visiting and I’ll continue doing my research of the best route. 
thank you. 

2 hours ago, EmilyW said:

I would suggest not listening to people and, instead, doing your own due diligence (which you're doing now on this site: VJ is a great resource).  Everyone knows someone who knows someone who did something sometime and it worked out ok.  It can get super confusing when it doesn't have to be.

 

I hope you are able to get a tourist visa for your step-son, and that he can get some time to spend with his new brother or sister.  That's a special bond and I hope he gets to make it.  You're doing everything right so far and, given how many don't do the right thing, it's nice to see.  

Thank you for the very nice response. Yes, we are going to do the right thing even if it takes long. Thank you again 

2 minutes ago, Mike E said:

So far it is not said in this thread so I will say it.
 

 I won’t be surprised if the son is denied  a B visa due to the father being an LPR married to the son’s step parent. If anything if the LPR father applies on behalf of son and brings him to the interview, this makes denial even more likely.   

Thank you for sharing and being honest. 
 

You know why perhaps I was confused? We want to do everything by the books and when we went to the interview for my husband’s green card the officer asked if we planned to bring him since he wasn’t here as a K2. Yes, the K2 is now dead but my husband’s intentions were for him to visit during school vacation and the officer told us we can later apply for his green card if he plans to live here. If not the visitors visa. We said okay.
You don’t know how many people have told us just apply for his green card and bring him. We’ve explained that yes it can be a possibility down the road if his son ever decides he would like to live here with us and obviously if his mother approves it. however I believe the correct route is applying for the visitor’s visa as those are the true intentions. Now I’m surprised to hear he’d be “denied” considering we technically could go down the green card and talk to his mother but we wanted to first  start bringing him here to spend time with his dad and new baby brother. 
 

others have also told me to have the dad apply on his behalf because he’s an LPR and the intentions are to visit. It’s all very confusing and honestly just want to make sure we have all the correct information prior to applying and to minimize the denial. 
 

again thank you! 

1 hour ago, jan22 said:

It appears from your responses to posters that you do not have a clear picture of the non-immigrant visa application process, which is understandable because you've never had to go through it.  It is nothing like the process you did for the K-1. So, it might help to review few points to help you get a better picture.  A general outline of the process can be reviewed at https://co.usembassy.gov/visas/nonimmigrant-visas/.

 

First of all, he must have a passport to even begin the process.

 

Secondly, right now there is a very long wait for a visa interview appointment -- 699 days in Bogota.  You can track that at the following website: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html.  Even though the child is not required to have a personal interview due to his age, the Embassy can always require one in any application, and almost always will require a parent to attend an interview before they consider issuing a visa to a minor child unless his/her custodial parent has been interviewed and issued a B1/B2 visa for himself/herself already.  

 

The reason for that is based in US immigration law that requires the consular officer to assume that any non-immigrant visa applicant (or the parent of a minor child applying on the child's behalf) intends to immigrate and stay (or have the child immigrate and stay) in the US until he/she convinces the consular officer otherwise.  It is more difficult to overcome that assumption when there is a US LPR parent with whom the child could live -- especially if the LPR is the one being interviewed about the child.  It is usually better for the non-LPR parent (in this case, the mother) to do the interview to show her clear intention for the child to return home and not stay in the US and explain all the reasons why.

Thank you for the very detailed response. I do see why you’re saying it’s best for the mother to apply on his behalf. 

Just now, Crazy Cat said:

That is possible.....depends on what the embassy wants as authorization.  

Okay, thank you. 

2 minutes ago, Crazy Cat said:

You are being clear.  The child needs a B2.  Someone will have to go to the consulate for the interview.  The Mother is the better choice since she will have to give permission for the child to leave the country. 

Understood and thank you! Is there any possibility for the father to take him to the interview and perhaps a form where she would authorize it? 

4 minutes ago, Boiler said:

Who is going to complete the application and go to the Consulate?

His father. But it’s my understanding that a child under 14 doesn’t need to go to the consulate 

Perhaps I’m not saying it correctly … We had his son as a K2 on my husband’s application but he had to travel within the year of my husband arriving in order to qualify for his green card however my husband arrived February 2020, right before pandemic and we decided it was best to wait until we both were ready to have him visit. 
The mother of the child has never applied for any visa and I don’t believe has any intentions. Both my husband and her agreed he’d come over to visit so I made the assumption my husband could apply for his son and she would take his passport out while the application was processing. 

perhaps I’m not being clear lol. Sorry. 

 

1 minute ago, Crazy Cat said:

I said FOR the child.  The child will need a B2 tourist visa.  

I read that for a minor to qualify for an interview waiver that one parent must have a valid B1/B2 visa and she doesn’t. Can she still apply on his behalf if she doesn’t have the visa or applied? Sorry for the questions and thanks for your help. 

1 minute ago, Crazy Cat said:

The Mother should apply for the B2 for the child from Colombia.

I’m confused? Why the mother? She has no intention of coming here. My husband and her just cop aren’t their son. We didn’t bring him here under the K2 as the child lives and goes to school in Colombia but the father shared custody over the child. He just wants to bring him for vacation but the mother has zero intention of coming here. Can’t the father apply for him and she allow permission? She’s allowing him to visit his dad. 

Hi there -

This website helped me tremendously with my now husband’s k1 visa in 2019 and thankfully everything went well. 
My husband is now a resident and we had originally placed his now Year old son on the k1 application however we didn’t bring his son as the son lives with the mother in Colombia. We now have a baby and are settled and would like for his son to come visit us during school vacation. As of now there’s no intention to bring him permanently but would like to submit the visitors visa. 
 

Do I, US. Citizen apply for him or does my husband being his legal father and a LPR apply for him? This process seems more confusing than the K1 and I’m not sure where to begin. I don’t even know the timeframe. It’s my understanding that he wouldn’t need to interview since he’s a minor. 
 

should the child  take out his passport before applying for him? Any link that may have good information? I’ve read online but when I search bringing a child of a LPR it directs me to the green card information and we don’t intend for him to live with us now but to visit during school vacation.
 

All advice is greatly appreciated. 

thank you! 

Just now, Jandev said:

I’m truly happy you were successful, congratulations.  

Thank you! Best of luck!

My husband and I had the interview on Tuesday, February 2nd and it was approved. However, I'll say it was the "toughest" part of the process as the officer was being passive aggressive (more on the aggressive side) with all her questions. She  truly wasn't very nice but at the end she goes, "you guys did great and you'll receive the card next week." She then gave us a pound as we walked out. After leaving the immigration office, my husband and I concluded that it must have been her scare tactic and her way to make couples nervous. She asked if we had any questions, I asked her if he would even receive his EAD card at this point as he never did. She checked the system and said that it could've been the holidays but that he will most likely receive his EAD card after his green card and to just store it somewhere. We should be receiving the card by early next week. I'm just glad it's finally over (until we need to remove the conditions).

Perfect! Thank you for your response. I reached out to a previous HR Director and she stated the same exact thing. She said there aren't any issues with the pre - employment process but he just can't physically work.

After being fingerprinted, we received the notice for the interview for February 2nd however no EAD. Seems like his green card is moving quicker than his EAD. crazy. lol.

Hello,

I'm hoping to receive some insight. We received our notification for our interview for Feb 2nd (finally) however my husband hasn't received his work permit. He was fingerprinted on December 4th. He has been interviewing and was offered a great job with a good company. He explained he's waiting for the work permit and they absolutely  understood and said they will wait for him to receive the card. They said they wanted to at least get the process started and would like to do a background check on him while he waits for his work permit. The job said they just want to run his background and they will give him a tentative date once he gets his work permits. They're aware of the time delay as well.

Is this something he can get started? Will a background check be any problem? He won't be working at all but they do want to get this part out of the way. Is this something he can provide? They're asking for his SNN and License Number to run it for now.

Thoughts?

Thank you!

Hello,

Hoping to get some advice... my husband was fingerprinted on Friday, December 4th after waiting for nearly 7 months so almost 2 weeks ago. He started to work on his resume and today just to go see he went to interview for a pretty good company. They offered him the job pretty much on the spot but my husband told them that if there was any way they could wait a few weeks as he's waiting to receive his work authorization card. He honestly didn't think they'd offer the job on the spot and wanted to just get out there to interview. They asked if he had a social and he said yes but that he couldn't work with it until he received his EAD. They said he only needs his social and he explained that he can't work until he receives his EAD but would love to work there and if they could possibly wait a few weeks. My husband then called me and asked if there's a way to perhaps expediate the EAD as he has a job offer? Is it even worth submitting to expediate if he had his fingerprints done 2 weeks ago and just wait for him to receive the card hopefully soon? We are doing everything the correct way but we wanted to see if we should just wait and if so what could the ETA be on the card? Or should we submit an expediate inquiry? Advice is greatly appreciated. Thank you in advance.

37 minutes ago, JACKP said:

We are about to break that record too and going into 7th month without BIO!!.

We've definitely reached a breaking point of not knowing what else to do. Thankfully it was scheduled.

Just now, PhoenixNiro said:

Congrats! Six months plus is ridiculous. We are pushing that mark ourselves with no biometric appointment as of yet.

Thanks! It has been a long 6 months for sure! I'm praying things start moving once he has been fingerprinted.

After multiple calls, inquires and waiting.. We finally were scheduled for a biometrics appointment for Dec 4th. It has been over 6 months waiting for this appointment.

Okay, thank you for the clarification.

Sorry, I forgot to add that he plans to have his son live here but in a few years, just not right  now as he's very young and with his mother. We want to settle down first before bringing him over however he won't move here until he's older.

So at this point, what are our options as most likely we won't utilize the K2 route due to the circumstances?

Thank you.

Hello Everyone,

I'm hoping to receive some insight on a confusion I have regarding the K2. Quick back story, my now husband's Visa (Fiancé then) was issued at the end of January 2020 and he entered the country on February 12, 2020. His 5 year old son stayed in Colombia with his mother however he wants to be able to have his son visit yearly during school vacation as his son won't primarily live here. My understanding is that his son should enter the country within the year of my husband's visa issuance (K1) which was at the end of January 2020. We are currently in the process of my husband's AOS which is taking longer due to COVID. So I have a few scenarios in my head regarding his son. Do we apply for the Visa as a K2 (he was placed on the 129F application) so he can arrive here prior to January 2021, however if we do that does his son need to stay as well in order to AOS? If he leaves after 2-3 weeks then we need to restart the process?  The idea is for his son to visit for 2-4 weeks. If the one year is up and we don't apply for the K2 visa then do we need to go via the I-131 route? If so, what's that process like for a minor and how long would it take (obviously taking COVID into consideration). I hope what I wrote made sense.   He wants his son to visit December or January however not sure what process we should be taking? Any advice from the experts are greatly appreciated.

Thank you!

Our package was mailed on Tuesday 5/12, received Friday, May 15th, payment process on Monday and this morning at 2:30am received the 3 text messages. Now waiting for the 3 hard copies and hoping for no RFE. 🤞

I'm hoping for no RFEs. 😬

Hello,

We sent my husband's AOS package last Tuesday (May 12th) and the lockbox received the package on Friday and yesterday (Monday, May 18th) the lockbox processed the payment  for the 1225. I wasn't expecting the payment to be processed the following business day, which is great to see... but does that mean they accepted the package and we should expect NOA1? I'm hoping we don't run into any roadblocks.

Thank you!

I'm hoping someone can help ease my mind or if I should be nervous. We finished my husband's AOS packet today and today his i-94 expired (arrived Feb 12, 2020). I was waiting for my job to add him to my health insurance (which he is now) and my HR was furloughed so it took longer than expected and form i944 took forever which I'm still not 100% sure if we included everything they're requiring.  I assembled to the best of my ability with tax returns, letter as to why we couldn't prove credit score, health insurance card, and lease agreement. Any other last minute suggestions for the i944 inclusion? 

 We are dropping off the AOS packet tomorrow morning but I'm afraid it's one day late as his i94 expired today. Should I worry? I thought 90 days was tomorrow but I realized they counted day 1 as February 12th. 

Any last minute suggestions are greatly appreciated prior to tomorrow morning. 

Thank you!