Re-newed visa journey

[All4Kweku 0]

Greetings everyone. I am in the process of re-starting my visa journey. I filed a K1/K2 in 2004 and that case is still pending for various reasons at the Embassy in Ghana. Due to some family considerations (both in the US and abroad) my fiance and I decided to get married in Ghana in January of this year. Now that I am back in the states, I am charting unfamiliar territory with new visas and expectations. I am not new to the visa journey per se (given my experiences with the K1) but now that Im married, situation and paperwork has obviously changed. I called the state department today and was told me that when I file a CR1 for my husband, I have to file a separate I-130 petition for my stepson. Is that true? I know the state department is notorious for misinformation, so I wanted to throw that out there for your consideration.

Also in terms of timeliness and fees, do you think there are advantages to filing a K3/K4 and have them adjust status in the US as opposed to filing two I-130 petitions? I know K3/K4s a "generally" faster, but given the 6-8 month delay at the Embassy in Ghana for scheduling interviews, it might come out to about the same amount of time once you consider that my I-130 petition will be going through VSC which seems to have had a hugeeee slow down in processing lately. Although it would be a huge hit to our collective purses, do you think I should file the two I-130s as well as the K-3?

Constructive suggestions and opinions are welcomed!

Thanks gang

[All4Kweku 0]

no thoughts? no suggestions....come on, help me out

[Yodrak 7]

All4Kweku,

My suggestion is that you visit an experienced immigration attorney to review all of the facts of your case. It's evident from your post that ou've got problems, although it's not evident what they are or what caused them.

Yodrak

no thoughts? no suggestions....come on, help me out

[aussiewench 9]

I concur with Yodrak. A consult with a competent immigration attorney would not go astray in your case. Filing more petitions now that you are married, without knowing the problems/reasons why the K-1/K-2 are being held up by Ghana after the I-129F was initially filed in 2004, is not going to just make those problems disappear. You really need to know what is going on and why before you do anything, so it can be handled the right way.

But in response to your post. Regardless of filing the I-129F for the K-3 for your husband, you will need to file the I-130 as well. An I-130 can also be filed for your step-son at the same time as he will need an approved I-130 with the adjustment of status in the US from the K-4. His own I-130 will also be needed if the decision is made for your husband to interview for the Immigrant Visa instead as there is no derivative visa for the child like there is with the K-3.

All the best to you.

Edited March 27, 2007 by aussiewench

[All4Kweku 0]

Thanks for the input aussiewench. the reasons for the hold on my fiance/husband's petition had to do with the embassy always deciding at the last minute that they were not satisfied with the lengthy amount of information that my husband gave to prove his relationship to his child--we went through the declarations, the custody issues and then finally, they wanted a DNA test and then promptly lost the kit that was sent by the agency in the US for collection. in the meantime, police certificates and medicals expire and have to be redone given the 4-8 month wait between scheduled appointments.... i've filed complaints with all the available offices (inspector general, congressional reps,etc) but they are met with nothing but repeat statements that we are merely under adminstrative review. my family planned a vacation to ghana for the new year and with that, we decided to get married since his family and my family would have an opportunity to meet one another. even though folks suggest getting a lawyer, im not really sure what that person could do for me beyond the limits of what i have done already and it seems like it would just be more money spend for a problem unsolved.....