AOS Package Returned

[David and Carrie 0]

My (now) wife and her minor son came on K1/K2 visas from a single 129-F. We filed the AOS package two weeks ago and it came back, stating that they could not establish the boy's "priority date". They asked for a copy of the original I-130, which does not exist. As I look at the I-797 for the 129-F, it only has her name on it, not his. We have an appointment Monday morning with the USCIS. Any suggestions?

[YuAndDan 153]

The K-2's I-485 needs "C" checked, this is the basis of K-2's AOS, NO I-130 needed.

How old is the K-2?

This is NOT a K-1 visa subject, it is Adjustment of Status. Moving to AOS forum.

Edited December 28, 2008 by YuAndDan

[Dakine 26]

My (now) wife and her minor son came on K1/K2 visas from a single 129-F. We filed the AOS package two weeks ago and it came back, stating that they could not establish the boy's "priority date". They asked for a copy of the original I-130, which does not exist. As I look at the I-797 for the 129-F, it only has her name on it, not his. We have an appointment Monday morning with the USCIS. Any suggestions?

Looks like they are treating your petition as a K3 and not a K1. Going and checking what's happening as you are doing is your best move.

[David and Carrie 0]

My (now) wife and her minor son came on K1/K2 visas from a single 129-F. We filed the AOS package two weeks ago and it came back, stating that they could not establish the boy's "priority date". They asked for a copy of the original I-130, which does not exist. As I look at the I-797 for the 129-F, it only has her name on it, not his. We have an appointment Monday morning with the USCIS. Any suggestions?

Looks like they are treating your petition as a K3 and not a K1. Going and checking what's happening as you are doing is your best move.

Thank you, I will post the results tomorrow.