EZgoing378

Thank you very much. That is what I thought but with USCIS I always make sure.

We wanted to be married close to a year before uprooting a 16 year old so he came on FTJ. I was lucky this problem came up because I didn't see anywhere in the K2 filing info (short version) that we use our original 864's. Nice.

We used the process you explained "Of if K-2 is adjusting status after parent files, then file the K-2's I-485 with copy of parent's green-card, copy of birth cert+English translation, copy of I-129F approval notice, copy of parent's marriage cert, copy of I-94 card...

"

So thank you very much again.

Hi, I am a bit confused on what status a K-2 visa holder has if the K-2 visa expires before he can file for his AOS for good reason. What I am getting at is it seems that they are in a sort of grey area (more likely I just don't have complete info). What I mean is that the purpose of the Visa is to gain entry into the U.S. My stepson has the same case number and A number as his mother but a valid reason made it impossible for him to file his I-485 before the expiration on his K-2 Visa. I am not sure that matters since that date is when he must use the visa to enter the U.S by. After he enters the U.S. he is referred to as a K-2 but of course this cannot go on forever. I am sure there is a time limit or if the expiration date of the K-2 visa is used, there must be a way to apply for the I-485 and include the explaination.

He entered the U.S. on Oct. 3, 2010. The visa expired Dec. 6, 2010. We enrolled him in school promptly and he needed some additional vaccinations. Unfortunately for us, some of the shots were boosters, and required additional boosters. Well, it would defeat the purpose of a booster if no time passed inbetween innoculations. So to make my long story longer, here we are March 9 and finally have all the shots. I will get the business with the civil surgeon done quick. I still have all the information from when we did my wife's I-485.

Now the big question. If I include proof that the delay was justified, showing the dates of the shots from the local health department. Is that good enough or do I have to perform some incredible feat. I really don't know what his status is now. I went for an infopass and explained this to the nice lady and asked "How long does a K-2 have from the entry date to file for the AOS, is there a date. In my case is there something special I need to do? To which she replied "You must file the I-485 ASAP from time of entry." I asked several different ways but she was stuck on that answer.

Can anyone help me?

Alrighty - updates please ?!?!??!?!

Yes, I have an update. The reason GUZ replied with the letter to the son so quickly was because they were going to give him a FTJ K2 Visa and the one year deadline was approaching fast. In fact, I believe his K2 was issued with about 5 days left. This was in mid July. So since then, his mother and I have been working to prepare a home for the three of us. We were not staying in a place that would work for a new family. It took us a while and 3 weeks ago (Oct. 3) he arrived. His mother is very happy of course.

I have been working to insure his remaining high school will be successful and he can get into college which was the plan. He is 16 and in 10th grade. His english did not improve as planned so I worked it out with the school that his entire 10th grade year will be spent focused on learning english. The Chinese school system is so far ahead of the U.S. system he will not get behind. In fact, he will still have extra credits.

So I have a big question I cannot find the answer to anywhere. How long do I have to file the I-485? I cannot find the answer anywhere. I noticed that in looking at K1 visas, they tell you that marriage must occur within 90 days but then there is no time limit on when the I-485 must be filed.

Have any information on this one?? I could sure use the info.

This story has an ending finally. Even though GUZ and USCIS have said that FTJ is no longer available at the consulate level, when I sent the information that Darnell told me to give GUZ in a letter at first we got no reply. Then 20 days before the interview date for her son, GUZ sends him a letter that says in effect: "Come to GUZ on June 10th for FTJ visa processing." Just goes to show you, you never know what will happen with this stuff. We will update if anyone is still looking here after his interview on the 10th.

I just re-read your post and realize that I may not have answered your question. Are you asking if there is a way to expedite the co-sponsor process??? There is no process. If you need a co-sponsor, you should apply with a co-sponsor right from the first interview. You know you need a co-sponsor if your income level is below the amount shown on form I-864p for the number of persons who will be in your living situation. If your income is too low, then apply with a co-sponsor. You don't want to apply with an inadaquate income and get denied and have to re-apply. Just apply with the co-sponsor the first time around. It is just a matter of adding another I-134 and evidence to the packet. Be sure the total income is high enough. Lots of people have co-sponsors.

If you are at the I-129f point you will not need the I-134's until the benificiaries visa interview at the consulate. You will need one I-134 for each you and another for your co-sponsor. The only problem with making up the forms too far ahead of time is that by the time you get to the interview date, the information may be outdated. I would suggest that you do not prepare them too early but start to gather the supporting evidence like previous years tax returns, W-2's now. This will save time but my opinion is that the form should be compleated or at least be dated recently when you go to the interview. Also remember, you will eventually need to file a more detailed form or forms when it comes time for your AOS. At that time, if your I-134 evidence was recent enough, you can just use it again on your I-864 so save lots of copies of everything.

Frankly, the I-134 didn't take long to do but if you want to get a good head start, decide what you will use as evidence of a bona fide relationship and start files. Things like photos, letters, phone records and a sampling of internet logs. For phone records, I got a prepaid long distance card that provided a monthly bill with every call itemized. When they see that we talked by phone or internet at least once a day for over a year, it is very good evidence. Also, I believe the single most important factor in getting approved on the first try is if the petitioner accompanies the benificary to the interview. Have the benificary take your passport in and ask something like "Would you like to see my fiancee's passport also?" to get the point accross that you are there. In our case, my SO said that made the biggest impression on the interviewer. Good Luck

I pray for some good news, buddy. I'll review some other stuff, as well, see if any 'newish' info on a K-2 FTJ case.

Say Darnell, I got the Email reply back from GUZ just after we finished talking. They said that they had no way of knowing that the email address I used was really ours. So they could not give out any information. I have had this problem with USCIS and emails also. Do you know how I establish an email address that they will accept. Just FYI, I am going to FAX them everything I had in the email and tell them in the FAX that they can answer me at the email address and I would like them to list that as the official email for our communications. I know I need to include my name, DOB, and signiture and the same for my wife. Is there anything else you know of that I need to do so I can send emails to them that they will accept?

I hope they send the answer back by email as I will request. Otherwise, I imagine it will come by post.

I am setting up an infopass at my local USCIS office since when I called NVC they said that they can't give me any information until AFTER I have filed an I-824. They say that questions on "If I should file an I-824" or "how to file for FTJ" must be directed to USCIS and NVC will then answer questions once a case is started. I think an infopass if a good way to get in there and if I get a good worker, I may get info. Otherwise, we will try again at our interview. I may also try to get a congressman or senator involved and mention that this is a change to the system and I am caught in the middle.

Again, I will advise you on what happens.

Take care.

I agree the logic is backwards. I also agree that the page I referenced from GUZ is very hard to understand but it does say that they no longer process FTJ cases. All I am trying to say is that putting another step makes it very difficult to get it done within a year. Take a look at the I-824 form. I am going to follow your main advice which is to call and ask people that are in the know. I hope I can find some such person. I will start with NVC. Then later send another Email to GUZ. This is really a confusing mess.

I am going to follow your list above now. Then I have to pick my wife up for work. I will let you know what happens. Hopefully, I will have good news for you tomorrow evening.

The reason I am waiting for her I-485 approval is that the box that I need to check on why I am using form I-485 text reads:

I am requesting:

A.

B.

C. USCIS to notify a U.S. consulate through the NVC that my status has been adjusted to permanent resident based on an approved I-485 application. Please notify the US consulate at ___________

From this I assumed that I have to wait until the I-485 is approved. Of course, with the 1 year limit, it will be very hard for many people to make this deadline. It takes a year if you don't get married right off the plane and then fill out the I-485 on your honeymoon!!

I neglected to answer your question. Yes, I emailed the consulate and provided them with all the information you listed in your template. I did that on Friday and as of now, have got no answer. They say sending multiple emails without a reply will just slow down the process. Of course, at some point, I will send another one but if you read that link I sent you, I think you can see that this I-824 route is a change. Did you notice when you clicked on the "more information" link it went to nowhere, just some page filled with errors. That leads me to believe this is very new and under construction. The I-824 pub date is 12/09. Never a dull moment with this stuff.

Thanks again

EZGoing - ouch.

What I've been spewing about was standard for K-2 cases, where the child was not interviewed at same time as the parent.

I pray this is not something NEW that you've stumbled into. Instead, I hope it's still a 'lack of information'.

a delayed K-2 FTJ case was ALWAYS jump-started at the IV Unit, with some 'initial contact'.

You are right about the 1 year span though - I had mentioned it on my initial reply in yer topic here.

If you have clear path on the I-824, suggest you jump quickly, soonish, this week. As a last resort, though, I suggest you make a call into NVC, and ask for a VISA SPECIALIST, then ask them for the exact steps on how to initiate the K-2 FTJ case.

FWIW, in the USCIS linkage you provided, if you scroll down to the bottom, and review Following-to-Join Benefits, you'll see the stuff I was talking about, earlier - ie In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa. THe bit that is confusing, past this paragraph, is 'if you received your immigration visa overseas, contact NVC instead' - which is exactly the bit yer wife qualifies.

galumph. It's confusing, again Strongly suggest you call NVC, get a Visa Specialist, and inquire. NVC is open till 00:00 EST, M-F.

What I did NOT read from you, is that you actually emailed the IV unit at Guangzhou, and initiate a Follow to Join Case/Request. What's up with that? I know you emailed them, but if I'm reading ya right, you've not gotten a response back from the IV unit, yet.

Hang In There!

Thanks for the fast response, check out this link:

http://guangzhou.usembassy-china.org.cn/following-to-join.htmm/

This pretty much sums it up. So as you advise, I am proceeding to find out as much I can about the NVC route and will follow it as soon as my wife is approved. Timing is going to be very, very close. I will ask for a visa specialist, perhaps there is a way I can get an extension. Otherwise, I have to put him through the entire process. Not good.

Hey EZGoing - any news? you kick that K2 into play yet?

Hope all is well?

Hi Darnell,

Thank you for your interest in our case. I appreciate your information very much. It seems that sometime recently, a decision was made that all FTJ cases must originate in the US. I went to the GUZ website and looked around to finally end up on a page that says something to this effect and then gives a link for "more information" that does not function. I think this change is very recent. I have to file a form I-824. This is a form that serves many purposes one of which is to initate a FTJ case. My read on this is that this is an attempt to make all FTJ cases more uniform by starting them all off in the US.

However, things in the immigration world being what they are, I still did as you suggested and sent that email to GUZ. What is the worst that can happen? They will tell me to file an I-824 (which costs $340 by the way). Best case is that I am reading things wrong and they will start the case for us.

I am quite sure that the way of contacting the consulates is over. Just reading the instructions on the I-824 makes that pretty clear. Our AOS hearing is 5/6/2010. I anticipate no problems there but it brings up a very big potential problem. Although I cannot find it in the rules anywhere, I got information from many sources that the FTJ case must be started before the one year anniversary of her K1 Visa, which is July 15, 2009. That is really cutting it close. I will ask about it at the interview if we have a chance. Otherwise we will just have to hope we get approval quickly. I will have the I-824 ready to mail out with a check the day she gets her I-551.

This information is on the USCIS site at this link if you are interested in seeing it follow this path:

Home>Family>Family of Green card Holders (permanent residents)>Children

If you go to the bottom of that page, there is a section on FTJ. I am hoping that I am reading something wrong or that the consulate at GUZ will still take the case. However, from what I read on the site at GUZ that option is no longer open.

Thank you again for your interest in our case.

Correction, that would be a K-2 Visa for my stepson. The way I understand it is since he was listed on the original 129f that we have one year from the time my wife's K-1 visa was approved to get the K-2 visa for her son on a "join to follow basis." That raises another question, do we have one year to get the K-2 approved, or one year to apply for it? Since I posted the original to this, I have done more reading and found a number of helpful posts in other areas of VJ. I still don't have a firm answer. Perhaps the only way to be sure would be to call the embassy in Shenyang which would issue the visa. I hope we don't have to go through GUZ where the original K-1 visa was issued.

Thanks.

Hi,

My wife is from China. She came to the US on a K1 Visa in Sept. 2009 and we were married in Oct. 2009. Once we have everything settled, which will be sometime this year, we want to bring her 16 year old son. I have read about bringing a child of a USC or Permanent Resident. It seems that I cannot bring my stepson because I have not adopted him. In any case, his mother can bring him I am sure of this.

The question I have is when I read the guide about bringing children it is very clear if I want to file an I-130 for him, wait for the approval, then get him a Visa number and eventually a visa. At the end of the section there is information about "following to join" where an I-130 is not needed. It states that he can use my wife's visa number. The part I am unclear about is where it states the conditions for the child. Basically, it says that the mother must have been married to the father of the child when she came to the US. However, earlier it states that "following to join" is open to K1 fiancee marriages. That seems to make no sense because how could the mother be married if she came to the US to get married.

I hope someone that understands this process will give me the lowdown. I don't want to file an I-130 if I don't have to and I don't want to file the "following to join" paperwork if it will get rejected. That will waste time and money. If I am not sure, I will just file the I-130 and then file for a K-3 for the boy.

Thank you all for reading this and for your help.

I don't think anyone has a GOOD experience with GUZ because GUZ is a real toilet BUT WE did have a GOOD experience with the embassy there. I will tell you the short story here and if you want more info. we can send messages.

First of all, what you described as your situation, one fully documented visit with LOTS of pictures, tons of phone and message logs, is what we went in with. I sounded like you, wondering if one visit was enough. The best advice I can give you is to GO TO GUANGZHOU YOURSELF to show support with your SO. I believe that the examiners know that anyone that will go to GUZ is for real because like I said it is a real toilet (it doesn't flush either). When my SO was asked to show her passport she said "Would you like to see my fiancee's passport also?" at that point the examiner (a woman who is said to be the toughest one) said, "Oh, he is here with you? That is good." My SO said she could tell it carried a lot of weight. I mean when you go there you will understand what I mean. Only the most dedicated person would go there. Certainly someone involved in a scam would skip going to this garden spot of the Orient.

I suggest that although it is not a nice place, you get there several days early. Stay at the Concordia. It is a short walk from the consulate and the owner helps his customers very, very much. He is super knowledgeble and will actually come to your room the night before the interview and go over the file. He caught a couple of minor errors we made. Nothing fatal but why take chances? If you are interested in this place, I no longer have the contact information because this is a new computer but I posted it after we came back. You can probably find my post. I believe I sent someone a message from VJ with the info. so if you can't find it, let me know and I will look it up for you. It is a pic of the businessYou need to make reservations a long time in advance because there is only one good room which is always occupied by an East/West couple. Be prepared because it is a true roach hotel. In that climate, there is nothing you can do about roaches. I believe the help the owner gives you is well worth putting up with the conditions. This guy only speaks Chinese but fortunately he speaks Mandarin. I assume he also speaks Cantonese because it is Guangdong province after all.

Good Luck

in all this excitement it finally hit me what do we do now?

sara

First off, congratulations!!

To answer your question all of this is available on VJ but you may need to go to your benificiaries Consulate web page. It will describe how that consulate does its business. They all have some differences.

You need to get ready for the interview. Like a previous poster who answered this question from you, it never too soon to start to have the benificary get together all of the materials that will be needed for the interview. What happens is once the case goes to the consulate that will decide on the K1 visa, they will send a packet to the benificiary. This is packet 3. It has instructions on what you need for the interview and will tell you that when you have all of those things to send a reply (enclosed in packet 3) back to them and then they will set up your interview. That is why if you start collecting these documents now, by the time you need everything, you will have it. Once you send the response to the packet 3 list of what you need to get your interview appointment, you will get your interview appointment. Usually this takes place in the country where the benificiary lives but your case has gone on so long from what I am reading, perhaps you two are already living together. In any case, once you reply that you have your packet ready, you will get packet 4 which has a couple more forms and most importantly your interview date and time. It will also give you places to have the physical exam. I suggest that you try to be together for this. The benificiary can use the support. It is not just a one day thing. There is the physical, the interview, and in most cases a short wait for the visa to be put into your passport. Not all Consulates do it the same way. Where we had it done, they collected a fee and when it was done (3 days) it was mailed to a post office near the Consulate so we ended up staying in the city where the consulate was for 7 days. Much longer than I thought.

For proof of a relationship, it seems that depends a lot on which Consulate you will be going to. Try to find others that have been there and see what they say but for the most part if you have lots of photos of your her trips to visit you. One of you should get a calling card that logs each and every call. I had a stack 3 years high. That was asked for at the interview. Other than proof of a bona fide relationship they look if SHE can support YOU initally when you come to the US. You will not even file for your K1 until AFTER she files her I-129F which doesn't even talk about money. That is just permission for her to marry you. Then the case goes to the appropriate consulate in Australia which will start your K1 case. She will need to fill out a number of forms including a financial statement. If you use the more abbreviated form, almost anyone will qualify. At our K1 interview, they didn't even look at anything past the financial statement and photos. All the other work I did was wasted. The I-129F was closely checked out but ours was approved no problemo. Since you are just starting out, I strongly suggest that you get familiar with the entire process from start to finish. You are getting bits and pieces here. If you understand it from the Immigration point of view, then you will know what to give them.

Also, the process does not end with you getting your K1 visa. After you get to the US, there is a whole slew of documents and dealing with USCIS personnel to get your AOS (Green Card), Work Permit (EAD), and travel permission (AP). It is best if you understand the process as a whole by reading the HUGE amount of information on this site. Then, ask particular questions that are a little more specific. You will find that general questions get you answers that have nothing to do with your actual question, just what someone thinks you are asking.

I found a couple of people who were bringing fiancees from the same country as I, and had similar timelines. We all shared information. That will serve you well. In your case you can find Benificiaries with similar timelines as you from your area. Like I said, the Consulate you go to will determine many things. Every Consulate has their own way of handling the K1 process. Some have additional forms you need to file. Some are very loose. In your case, Aussies seem to have pretty good results. I think that is because we both speak some form of English. hehe.

Good Luck

Kamusta,

Congratulations. I am sure you feel a lot of weight taken off of you. My fiancee and I just got our K1 visa and it sounds like you have all the paperwork under control. The only advice I can give you is if it is possible, have your SO come and be with you in Manila when you go for your interview. Originally I didn't plan to go to China when my girl went for her interview but as the time got close, she said she wanted me there. Afterwards, even though I felt I didn't do much, she said she couldn't have done it without me. Everyone is different, but the support of your loved one for the interview will help you in many ways including the fact that the immigration officials look at it very favorably.

Good Luck and Best Wishes to you both!

Paalam na

Of course congratulations on the successful interview. Explain how you got outta GUZ (plane/train/etc.) and how you are getting back here to the MidWest. Maybe do so in the China forum. I am going to GUZ in the next few months and would like to know how others did it.

Thank you for your comment. That is a good question and the truth is that there are many ways to get to GUZ. The way I got there was not very pleasant. I flew to Hong Kong because a round trip rate from Chicago was only about $900. The thing is that Hong Kong isn't exactly on the same system as mainland China, so if you fly into Hong Kong, and take a bus to GUZ, about a 3 hour ride and not expensive. You have to go through customs leaving HK, then on the bus ride, when you officially leave HK and enter China, you have to go through immigration into mainland China. That wouldn't be so bad if you just got off the bus and showed your papers but not so. YOu have to take your bags off of the bus and go into some type of terminal, while inside you do the normal immigration routine which I never understand. Then you leave on the other side of the terminal and hope you find your bus. It gets tiring because this is at the end of a long flight and you can't wait to get to your hotel.

After I got there I found that another way to get to GUZ is to fly in to Hong Kong and then take the Ferry directly from the airport. If you do it like that, the only customs you have to deal with is immigration when entering China. It is like you were never in HK. I met my girl in GUZ so I went there from the states. If you go to your girls hometown first, then flying to GUZ is easy. It is a domestic flight.

For me, the route I choose to get to GUZ was a big mistake. Flying for 15 hours, then the 3 hour bus ride, my feet got very swollen up. I didn't allow for a couple of days for my body to recover and had duties to perform like going to the American Citizens Hour and such for the next 3 days. The last day being Ping's interview. The best advice I can give anyone is to get there a couple of days early. It is a long dusty trip. Southern China is HOT and HUMID and the people there are not like in the North.

I hope I answered your question. If not, just message me another question. This is a hard subject to explain. I need to know where you will be coming to GUZ from and where you will go after.

Good Luck when you go.

Hello All,

Ping and I, known on this site as EZgoing378, met in Guangzhou, China recently to see each other and to go to the Consulate for her interview. I am happy to report that Ping did a wonderful job in her interview and received her K-1 visa. She will join me in the US by the end of August. For those that want details on the interview, please go to our Profile page and then to our timeline. I completed a report. I believe you can review the Interview reports from there.

Any Questions? I am happy to answer. Either direct them here or send a message here on VJ.

Now once I get my bride home, we will continue the process and move on to AOS EAD AP..... the alphabet soup of immigration but it will be much easier together. I appreciate everyone's assistance on these 278 days on the first leg of our Visa Journey.

Ping and George

wont she need money for the fee's,??,i control the money..at this point the only money she will get is enough for one way plane tickets and monthy payment for the kids

I think that how much money she will get will eventually be decided by a court. The Pinay women in this country have a very strong network and share information of how to get child support, alimony, and many other payments out of you. I think you better take your, "I'm the boss attitude," and start treating this woman who you entered into a marriage contract with properly or she will have a lot of things to tell the judge. You will find judges do not like men that try to use the leverage you are attempting to use. If she wanted to, she could have all of your assets frozen by a good divorce attorney. Don't let the accent fool you. There are plenty of Filipino lawyers.

Isn't everyone entitled to be happy no matter how much they make? If they qualify, and get their visa, I wish them well. Love is a wonderful thing. Sometimes it happens to people who don't make a lot of money. That doesn't diminish it. I agree they should consider how they will get by but if they get a visa, I think someone has already considered that.

Many people make more than the minimum income requirement but use a cosponsor to increase their chances if their line of work can be considered risky. Self employed people for example. Some self employed people have had some big problems with the economy. Should they use a cosponsor or just put their marriage on hold until who knows when the economy turns around.

Finally, when people apply only one of the two have income or assets that can be considered. Remember, the spouse can get a job and earn money too as well as posess assets.

I think your analysis of why people use cosponsors is flawed and not well thought out. People use cosponsors for lots of reasons other than they don't have the income.

Just called up US Embassy in Manila & the operator told me that for K1 (I-134 form) they don't accept co-sponsors only for family based (I-864) petitions. Don't know what to do.

I believe that information is incorrect. I know many K-1 filers that have co-sponsors. I am one of them. I have not been approved yet but I have NEVER heard of anyone being rejected having a co-sponsor because they are filing for a K-1 Visa. I have not heard of anyone using a co-sponsor not being able to use the I-134 form. Once you get to the US, you cannot use the I-134 anymore. Then it is I-864 all the way to get your AOS. I will send this to someone I know that is very knowledgeable in this area just to be sure. If this is true, the lives of many K-1 filers have just been severly set back.

Congrats! Can't wait until my soon to be wife is waiting for these things with me. The wait can't be as difficult.

Just for your information, this is how the process works. First, you go through those little booths where an officer reads your passport AND that little form you filled out on the plane. If they write something on that form, it is a note for a customs officer down the lane. Then they hand you back your Passport and say please proceed. Like you said, at the very last checkpoint there is an innocuous looking CO standing there telling most people, "Welcome Home" "Have a good Trip" when he sees the form that you filled out on the plane. Did you ever wonder how THAT GUY makes the decision who to send for further bag checks??? Well, he doesn't. The first person that scanned your passport made that decision. So when you are passing the last checkpoint, he spots a note that says your bags need a more detailed screening. Sometimes it is because of an answer you put down, like "I am carrying food." Sometimes it is a totally random check that the computer on the first CO's computer popped up with. Now passports are starting to have electronic chips implanted into them. It is supposed to make things happen faster but the truth is that is just allows more information to be kept on you that you can't read. If something on that chip does not jibe with what you tell them or their computer, you get the mark, and you get to go down the lane for more detailed screening. Once in a great while, the first CO, has some kind of feeling and just wants you checked so he/she marks that paper you filled out on the plane and then the last guy points you to the friendly people who tear your stuff apart. There is nothing personal about it. Remember who you are dealing with here. These people are not paid to think, they are paid to do what the machines tell them to do. There are a few supervisiors that do the thinking when bags are being checked but they are few and far between.

My advice is the same as that of many people here. Customs is a process we all have to go through. Sometimes it is quick and easy sometimes it is a royal pain in the a$$. No mater what, ALWAYS, ALWAYS expect delays at customs and don't cut your layovers down to save an hour on a 23 hour journey. That just doesn't make sense.