K2 questions/ others questions?

[charity masters 0]

hello, all. 1st and formost me (us) and my fiance (Peru) thank you for any and all your help through this what i believe will be bit of a process to say the least!

i have a number of questions concerning the K1 Visa process/I-129F petition. it seems near to IMPOSSIBLE to get through to the so called customer service at the visa centers or Department of homeland security.

i will number them so it is easier to understand.

1.)

is it possible to change address on our I-129f with white out? (my fiance had to move due to a weird situation "after" we filled out all the paperwork.) or do we have to fill out all new papers?

2.)

Name Change Question: (i will explain situation 1st)

so when my fiance was born he was given "2" different birth certificates (his mother filed for one, and then his father filed for a separate one after they were separated)

so…when we tried to go to the immigration office to get his passport…they said NO you cant, your ID is false….it is not the right information, you don't have the correct ID/Name, you have to get a new ID with the Other birth certificate that has a "DIFFERENT" name and birth date on it.

*(weird thing, he can use his old id for practically everything, even going to college/opening bank account etc.)*

so, needless to say, we have gone through the process got the new ID. the 1st said only had"Elvis" as 1st name…the 2nd now has "Jimmy-Elvis" (2 1st names…?)

the problem is, all of his military records, EVERYTHING but his new ID and new Passport has his old name on it…"Elvis", not "Jimmy-Elvis".

simply i am wondering if this will be a problem with presenting the military records/any other papers we might need to present to the Visa office in the Embassy in Lima? is it just to bring papers and explain our situation in lima?

3.)

if he (fiance) has a young child (8 months) that will NOT accompany him the 1st trip to america, but has plans to bring over eventually, what is the time line allotted to file for a K2 for the child? the mother of the child (no they were never married) does not want the child to leave Peru until his is a bit older.

is it possible for a child to enter on a K2 anytime (say 2 years etc.) after the Parent/Fiance has been in the states?

4.)

if the child will be coming over "eventually" but not yet…..should he file for a separate I-134 in this initial I-129F ?

and proceed with all the papers as if the child was coming with him now? or should he just wait to file a I-184/other papers in the states?

5.)

what is needed for the child (papers) for the child to travel from peru to USA?

6.)

he (fiance) will have to apply for a "advance parol" to go back and get his child (to bring to the USA)…..is having a child/Property in peru sufficient proof of needing to leave the USA and go back to Peru?

7.)

if he will only be over there visiting (Peru) for 1 or 2 months, is it necessary to get "advanced parole"…..or is "advance parol" mandatory when leaving the USA before getting green card?

8.)

if we are getting a "joint sponsor" for our I-134, do i (USA) and fiance need to file out a I-134 also?

if so…we are not working at the moment….so then how do we fill out these forms? what information should we put?

9.)

does the Lima Embassy require us to fill out a I-134 only for the Visa or a I-184 also?

9.)

How many years of income taxes do the embassy in Lima need to see from the sponsor?

10.)

am i allowed to accompany my fiance at his interview? (i heard it was highly recommended for the Lima office.)

i heard rumor of me having to prove that i have been in Peru for 6 months or something "IF" i was going to accompany him to the interview. is this true? or can i accompany him without any conditions?

Here is the exert:

"DCF filing is allowed for US Citizen residing in Peru for at least 6 months. In my case they did not require legal residence (Carnet Extranjeria) but only proof of having been living in the country for 6 months. If you are not a legal resident but have been staying on a tourist visa, you can prove residency in Peru by presenting documents such as house lease, phone bill, job letter, etc. Also they require a Migratory Movement issued by DIGEMIN which takes about 2 hours to get and S/50 Soles (about US$18). The lady at the embassy told me they were not the police and were not interested in why I did not have legal residence. They have been very accommodating and extremely efficient."

[JimVaPhuong 4,863]

1.)

is it possible to change address on our I-129f with white out? (my fiance had to move due to a weird situation "after" we filled out all the paperwork.) or do we have to fill out all new papers?

He doesn't have to fill out anything on the I-129F. You, the US citizen petitioner, fill out that form entirely and you sign it. Why is there a problem just filling out a new form?

2.)

Name Change Question: (i will explain situation 1st)

so when my fiance was born he was given "2" different birth certificates (his mother filed for one, and then his father filed for a separate one after they were separated)

so…when we tried to go to the immigration office to get his passport…they said NO you cant, your ID is false….it is not the right information, you don't have the correct ID/Name, you have to get a new ID with the Other birth certificate that has a "DIFFERENT" name and birth date on it.

*(weird thing, he can use his old id for practically everything, even going to college/opening bank account etc.)*

so, needless to say, we have gone through the process got the new ID. the 1st said only had"Elvis" as 1st name…the 2nd now has "Jimmy-Elvis" (2 1st names…?)

the problem is, all of his military records, EVERYTHING but his new ID and new Passport has his old name on it…"Elvis", not "Jimmy-Elvis".

simply i am wondering if this will be a problem with presenting the military records/any other papers we might need to present to the Visa office in the Embassy in Lima? is it just to bring papers and explain our situation in lima?

It's possible it could cause problems. Maybe you could submit both birth certificates along with an explanation for the different names. However, you should use ONE name on all of the forms, and it should be the name he will use in the US. This will likely have to be the same name that's on his passport. The name on the visa must match the name on the passport.

3.)

if he (fiance) has a young child (8 months) that will NOT accompany him the 1st trip to america, but has plans to bring over eventually, what is the time line allotted to file for a K2 for the child? the mother of the child (no they were never married) does not want the child to leave Peru until his is a bit older.

is it possible for a child to enter on a K2 anytime (say 2 years etc.) after the Parent/Fiance has been in the states?

The child can only get a derivative K2 visa within a year of the K1 visa being issued. After that, there are two options. The child's natural parent could petition for the child after they get a green card. That would be an F2A visa, and would take about two years after the petition was approved before the priority date would become current. Or, the US citizen could petition for the child as a step-child. That would be either a CR2 or IR2 visa, depending on how long the USC and the child's natural parent have been married. The USC and child's natural parent must marry before the child is 18 in order for the USC to be able to petition for them.

4.)

if the child will be coming over "eventually" but not yet…..should he file for a separate I-134 in this initial I-129F ?

and proceed with all the papers as if the child was coming with him now? or should he just wait to file a I-184/other papers in the states?

HE is not filing for anything yet. YOU, the US citizen petitioner, will be filing the petition. You do not file an I-134 with the I-129F. The I-134 is submitted at the interview, and ONLY for a non-immigrant visa. If the child will be applying for a K2, then an I-134 is needed at the interview. If the child is applying for a CR2 or IR2 then an I-864 will be submitted to the NVC.

5.)

what is needed for the child (papers) for the child to travel from peru to USA?

A valid passport, a visa to enter the US, and a parent traveling with the child (unless the child is old enough to travel unaccompanied - I think the age is either 12 or 14 - don't remember which). A quit claim from the parent who is not immigrating will be needed in order for the child to get a visa.

6.)

he (fiance) will have to apply for a "advance parol" to go back and get his child (to bring to the USA)…..is having a child/Property in peru sufficient proof of needing to leave the USA and go back to Peru?

Probably. AP is usually relatively easy to get.

7.)

if he will only be over there visiting (Peru) for 1 or 2 months, is it necessary to get "advanced parole"…..or is "advance parol" mandatory when leaving the USA before getting green card?

A K1 is a single entry visa. If he does not get advance parole before he gets his green card he will not be able to reenter the US when he returns. He should not plan on being gone for two months. If USCIS schedules his green card interview then he MUST attend or his green card application will be abandoned, and his AP will be revoked. If he's outside the US when this happens then he won't be able to return.

8.)

if we are getting a "joint sponsor" for our I-134, do i (USA) and fiance need to file out a I-134 also?

if so…we are not working at the moment….so then how do we fill out these forms? what information should we put?

Your fiance will NEVER fill out an I-134. You, the petitioner, MUST submit an I-134 for him to turn in at the interview. If you need a co-sponsor, then your co-sponsor must also fill one out. You usually have to include a copy of the most recent tax return (or IRS transcript) with the I-134. If you're unemployed, then that's what you put on the form.

9.)

does the Lima Embassy require us to fill out a I-134 only for the Visa or a I-184 also?

Don't know. Most consulates require the I-134 for non-immigrant visas, but several have been asking for I-864's for co-sponsors lately.

9.)

How many years of income taxes do the embassy in Lima need to see from the sponsor?

Don't know. Most consulates require only 1 year, but some ask for 3 years.

10.)

am i allowed to accompany my fiance at his interview? (i heard it was highly recommended for the Lima office.)

i heard rumor of me having to prove that i have been in Peru for 6 months or something "IF" i was going to accompany him to the interview. is this true? or can i accompany him without any conditions?

Sounds like a consulate-specific question. In almost every case, it's a good idea for the petitioner to be there for the interview, even if they have to wait outside the consulate.

Here is the exert:

"DCF filing is allowed for US Citizen residing in Peru for at least 6 months. In my case they did not require legal residence (Carnet Extranjeria) but only proof of having been living in the country for 6 months. If you are not a legal resident but have been staying on a tourist visa, you can prove residency in Peru by presenting documents such as house lease, phone bill, job letter, etc. Also they require a Migratory Movement issued by DIGEMIN which takes about 2 hours to get and S/50 Soles (about US$18). The lady at the embassy told me they were not the police and were not interested in why I did not have legal residence. They have been very accommodating and extremely efficient."

DCF is "Direct Consular Filing". This means filing an IMMIGRANT VISA PETITION directly at the consulate, rather than submitting it to USCIS. It does not apply to visa APPLICATIONS, nor does it apply to NON-IMMIGRANT visas like the K1.

I hope the above does not seem too rude.

You have a great many misconceptions, most of which would be answered if you read the guides (see the link at the top of the page), as well as some of the other information available on this site. There are regional forums to ask specific questions about the policies at a specific consulate. You can also read the Embassy reviews for Lima (again, link at top of page) to get an idea what a typical interview might be like.

Edited June 30, 2010 by JimVaPhuong

[charity masters 0]

I hope the above does not seem too rude.

You have a great many misconceptions, most of which would be answered if you read the guides (see the link at the top of the page), as well as some of the other information available on this site. There are regional forums to ask specific questions about the policies at a specific consulate. You can also read the Embassy reviews for Lima (again, link at top of page) to get an idea what a typical interview might be like.

thank you for your information, it was all very helpful !

yes i do understand that i am the one petitioning for the i-129f and i am the one handling the i-134....but thank you again for making that clear.