Success in Kyiv, but had a real scare

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I am happy to say that we were successful in obtaining a K-1 visa for my fiancee and a K-2 visa for her 19 year old son. Our interview was scheduled last week at the US embassy in Kyiv. I (the USC) was able to be present during the presentation of documents and for the last part of the interview. Our documents were in order, but we had the misfortune of having to work with a very hostile Ukrainian staff member who collected our documents. Both her behavior and her tone of voice were hostile. When we presented our documents at the window she barked orders to us for documents and literally snatched them from us and then forcefully pushed back at us the documents that she didn't need.

After enduring her aggressive behavior, she then gave us a stern, lengthy and completely misinformed lecture stating that my fiancee's 19 year old son would not be able to adjust status as a K-2 child because his mother and I will have married after his 18th birthday and therefore he must return to Ukraine within 90 days of our arrival in the US. She also warned us to not attempt to circumvent immigration laws by having him stay longer than 90 days--"if you do this, he will never be allowed to return to the US!!", she says. She stated that, “your only legal option is to try to bring him to the US as a family member later, but this could take at least 5 years.” She continued to lecture us about our unrealistic expectations that we could bring a fiancee's child to the US so "easily", she further stated that "most children must wait in Ukraine for a long time before they can enter the US."

I disagreed with her and told her that I thought that she was relating to us the policy concerning the children of K-3 parents not K-1 parents. She only became sterner and more adamant. At the end of all this she asked for the DS156k form, snatched it from my fiancee, wrote my name in the space for the USC's name and then signed on the line where the consulate officer is supposed to sign after taking a sworn statement from the K-1 applicant. At this point my fiancee had not yet signed the form (per instructions). The Ukrainian staff person put the form in my fiancee's file without my fiancee signing it. I pointed this out to the staff person who abruptly informed me that it was not necessary for my fiancee to sign it. Later when the consulate officer conducted the interview, he did not present the DS156K form and did not take a sworn statement that my fiancee intended to marry me within 90 days of her arrival in the US. So her file was actually incomplete even though we were given the pink card and was told that the visa was approved.

I fretted about this unsigned form all night and decided to return to the embassy the next day to double check. I found out that the way this form was handled was improper and would have caused us some significant problems down the line. At this visit another officer appeared, he took the statement and now the file is completed--I hope. He apologized for the mistake with the DS156K.

I expressed my concern about the way that we were treated by the Ukrainian staff person and the mistake with the DS156k form, but I am not sure that this was the most effective way to express my concerns. I would be happy to hear the suggestions and comments of others on how best to constructively report this staff person.

Thanks,

Grid

PS It is not my intention to create anxiety for those who are waiting for their interview, but I think that it could be helpful to understand that things may not go smoothly and that it is important to be informed and to keep your wits about you the best that you can. In our case, even though we were well informed, we were devastated when we heard this authoritarian proclamation that my financee’s son could not adjust status and it took us a while to recover our composure and to clarify our situation.

If anyone needs authoritative information about the eligibility for a K2 child over 18 to adjust status see the following memorandum http://www.uscis.gov/files/pressrelease/K2...tatus031507.pdf