I need help! Big Time! Embassy "lost" all K-2 info.

[Enigma11561 336]

When I applied for my original 129, I listed my now wife as the K-1 and her son as the K-2. All went well. All emails and letters from the Warsaw embassy showed both of them on the paperwork. Her son could not attend her interview, but would follow a few months later, because he was in the army and now that he is out I asked the embassy to schedule his interview.

When I called today, I was told the they have closed the file, sent it back to Washington and her son cannot apply nor is eligble for the K-1. They said that they have no record of the son even though I told them I have all their letters showing the son's name. Basically they said too bad.

Even worse, the son will age out shortly, this Novemebr, so I dont even have time to file a new application if I even knew how to do this.

Can anyone give me some solid advice here?

[Darnell 8,478]

Have you tried sending in a Packet 3, at all ? Include copy of the NOA-2 with it.

Don't call - just send it in.

K-2 FTJ 'stuff' is changing up worldwide, seemingly - so what worked (exactly) 1 year ago isn't so clear - but

SEND IN THAT PACKET asap !

IF it gets to the right desk, the first time, should get some speed.

Are you communicating with a US Citizen worker at that Embassy, or a Foreign National ? FN workers, IMO, always shunt away these types of inquiries.

IMO, to say 'no record of the son' is BS - as he does exist in the SAFEFILE version of the casefile, and any Consular Official can pull that up in SafeFile.

Edited July 21, 2010 by Darnell

[Undefined 4]

When I applied for my original 129, I listed my now wife as the K-1 and her son as the K-2. All went well. All emails and letters from the Warsaw embassy showed both of them on the paperwork. Her son could not attend her interview, but would follow a few months later, because he was in the army and now that he is out I asked the embassy to schedule his interview.

When I called today, I was told the they have closed the file, sent it back to Washington and her son cannot apply nor is eligble for the K-1. They said that they have no record of the son even though I told them I have all their letters showing the son's name. Basically they said too bad.

Even worse, the son will age out shortly, this Novemebr, so I dont even have time to file a new application if I even knew how to do this.

Can anyone give me some solid advice here?

OMFG! Are you kidding me? this is ridiculous! they should honestly be damn charged with negligence. I hope all goes well. hang in there. dont give up be strong! it will all get thru and will all end up good dont worry.

Sorry I wish I could do more but I cant I only can encourage you and have positive enforcement for you

[Enigma11561 336]

All the packet 3 forms, that were sent to the mother, were sent back to the emabassy before her interview this past Jan. Including her sons info. We have no further documents. I assume a "new" packet needs to be requested for the sons interview? I just called the DOS and they said once the records from the embassy are closed and sent back to Washington its over and my only option is to contact the NVC and ask, grovel, beg, them to resend the original application back to Warsaw so they can open a new file. I am trying to call them but dont have a lot of faith in this process.When I called the embassy I spoke to some woman who appeared to research this and then asked to speak to a consular officer but was not able to do so.

[Undefined 4]

Good luck! I hope all this settles well. I cant believe how unorganized they are.

[Darnell 8,478]

Pardon - you can 'self-generate' a packet 3 ON THE SON. No need to wait on anything - except to add the NOA-2 from HER I-129F petition.

My apologies if I wasn't clear about a 'packet 3 for the son'.

Do Not Wait. Self-generate it.

Need Help with finding the forms? Let me know !

[Enigma11561 336]

Just to make sure things are not complicated enough...will this ever stop?... an attorney I just spoke with tells me that since I had married his mother, and he was older than 18 , that she is no longer considered a K-1 and therefore her son no longer a K-2 and so even if I applied for an interview, the K-2 process is no longer valid.

[Gary and Alla 3,694]

When I applied for my original 129, I listed my now wife as the K-1 and her son as the K-2. All went well. All emails and letters from the Warsaw embassy showed both of them on the paperwork. Her son could not attend her interview, but would follow a few months later, because he was in the army and now that he is out I asked the embassy to schedule his interview.

When I called today, I was told the they have closed the file, sent it back to Washington and her son cannot apply nor is eligble for the K-1. They said that they have no record of the son even though I told them I have all their letters showing the son's name. Basically they said too bad.

Even worse, the son will age out shortly, this Novemebr, so I dont even have time to file a new application if I even knew how to do this.

Can anyone give me some solid advice here?

Your timeline indicates your K1 was approved in February of this year which means it is still within the 1 year required for a FTJ. The age out notwithstanding, the file should still be in Warsaw. Contact your Senator or Congressman NOW. They have made an error and this needs to be corrected.

FYI the age out rule generally requires that the AOS be APPROVED before the 21st birthday. If you wife is already approved, then AOS for the son can be done quickly (our FTJ son had his green card in hand 7 weeks after filing) but you have to get him here first. Wasting time with beaurocrats is not the way to do it. Contact your elected representatives and/or the Inspector General for the DOS.

[Gary and Alla 3,694]

Just to make sure things are not complicated enough...will this ever stop?... an attorney I just spoke with tells me that since I had married his mother, and he was older than 18 , that she is no longer considered a K-1 and therefore her son no longer a K-2 and so even if I applied for an interview, the K-2 process is no longer valid.

Just to be clear...do not speak to this attorney again and DO NOT pay him any money. He has no clue what he is talking about. The child was over 18 when you married his mother, therefore under US law he is not considered YOUR child and you cannot file for a CR-1 visa. There would be no way you could do so anyway as there is no way it would be approved before age 21.

K2's can most definitely be processed if the marriage occurs after age 18 and it is one reason that some people choose the K1/K2 route as it allows this exception and the CR1/CR2 does not. The dumb@ss attorney is confusing the K2 with an "immigrant visa". Lose his phone number. Call your representative today.

[Gary and Alla 3,694]

Pardon - you can 'self-generate' a packet 3 ON THE SON. No need to wait on anything - except to add the NOA-2 from HER I-129F petition.

My apologies if I wasn't clear about a 'packet 3 for the son'.

Do Not Wait. Self-generate it.

Need Help with finding the forms? Let me know !

Darnell, many consulates do not accept "packet 3" and nothing is sent to them. Kiev and Moscow are examples. I do not have specific info on Warsaw but would not be surprised if it is the same. With these consulates you simply call and make an appointment using your NVC case number, then bring your "packet 3" with you. I am fairly certain this is the OPs predicament. The case has been closed and sent away. When he tries to make an appointment they do not have that case number. Senind a "packet 3" to Kiev or Moscow, for example, would just confuse people, they would have no clue what to do with it.

IF the child was listed on the original I-129f petition and was listed as a FTJ on his mother's K-1 application then the consulate has made a big error. Government agencies of any persuasion should never be expected to "self correct" their own errors. The OPs best bet is to contact someone that oversees the agency...his representative or inspector general.

The OP should be documenting ALL of this also as it could possibly provide a defense to not complying with the age out rule and even allow a green card to be issued after age 21 because of their incompetence.

The OP needs to DOCUMENT and contact the proper authorities. Lawyers cannot fix this for him, BTW, they can only drain his pockets and give bad advice.

[Undefined 4]

Pardon - you can 'self-generate' a packet 3 ON THE SON. No need to wait on anything - except to add the NOA-2 from HER I-129F petition.

My apologies if I wasn't clear about a 'packet 3 for the son'.

Do Not Wait. Self-generate it.

Need Help with finding the forms? Let me know !

What does ''self-generate'' mean? thanks.

Darnell, many consulates do not accept "packet 3" and nothing is sent to them. Kiev and Moscow are examples. I do not have specific info on Warsaw but would not be surprised if it is the same. With these consulates you simply call and make an appointment using your NVC case number, then bring your "packet 3" with you. I am fairly certain this is the OPs predicament. The case has been closed and sent away. When he tries to make an appointment they do not have that case number. Senind a "packet 3" to Kiev or Moscow, for example, would just confuse people, they would have no clue what to do with it.

IF the child was listed on the original I-129f petition and was listed as a FTJ on his mother's K-1 application then the consulate has made a big error. Government agencies of any persuasion should never be expected to "self correct" their own errors. The OPs best bet is to contact someone that oversees the agency...his representative or inspector general.

The OP should be documenting ALL of this also as it could possibly provide a defense to not complying with the age out rule and even allow a green card to be issued after age 21 because of their incompetence.

The OP needs to DOCUMENT and contact the proper authorities. Lawyers cannot fix this for him, BTW, they can only drain his pockets and give bad advice.

What ''Packet 3'' ? thanks.

[Enigma11561 336]

Here is what I have gone through over the last few days. It appears the embassy in Warsaw can no longer find any record for her son, closed the file and sent it back to Washington or wherever. I was told the "son can no longer come to the US". HUH? I was adivised to call the DOS. I did that and they say they have no records on this and to call the NVC. I did that and they say once the visa is closed their is nothing more they can do and they have no record of this file and to call the USCIS. So I called them as well and no help there either.

So I went to visit my local congressman, spoke to a wonderful woman who asked I document everything for her. It's interesting that I show her son on the original 129, and an email from the embassy stating they received her petition and her son and further the letter confirming her interview date with her sons name listed as travelling companion. How the heck can they now say, they did not know about her son? this is crazy!! Additionally the son has one year to get to his interview after his mothers so you would think that this file would remain open for at least one year and closed after the time has elapsed or he goes for his interview.

So my congressman now has a letter explaining everything, all supporting docs I could find and I am hoping he can do something before I have a very serious age out issue on my hands. I am hoping he can convince the embassy they screwed up and get this resolved ASAP. Man, what a mess.

Do any of you feel that an infopass appointment would be of value here or leave it in the hands of the congressman? Would it be over kill or better safe than sorry?

[Darnell 8,478]

I think the congressman's office , or rather - the USE of - should work out for you - but - give it 20 to 30 days before any answer or resolution.

'self-generate' a 'Packet 3' - that means to download, fill out, print, sign, and send in all documents that a Packet 3 requires.

Usually, Packet 3 and 4 are a collection of forms hinged around the VISA (K-2) application.

From http://poland.usembassy.gov/poland/forms.html

http://www.state.gov/documents/organization/82063.pdf

http://photos.state.gov/libraries/poland/275705/cons_iv/DS-156.pdf

http://photos.state.gov/libraries/poland/275705/cons_iv/DS230partI_eng.pdf

so that's the DS-230 Part I (only), the Nonimmigrant Fiancé(e) Visa Application (DS-156K) and (DS-156)

For a K-2 Follow-to-Join Case, usually it's enough to write a cover letter, and include the DS-230 Part I , AND MAIL IT IN to the Immigration Visa Unit at the Embassy. Then on interview day, hand over the DS-156K and DS-156 with proof of payment.

I feel yer pain, that Warsaw sent the casefile back - but - IMO - sending off that DS-230 and cover letter SHOULD FORCE THEM to retrieve the K-1 casefile. It may take a bit, but they have electronic copy of all, stored in SAFEFILE system, and it is retrievable, by a Consular Officer with God Access on that computer system. It would really, truly, suck - if you had to remind that ConOff that he is able to retrieve all via SAFEFILE, as 'that concept' should be a no-brainer, to a properly trained ConOff.

IMO, you haven't properly 'pierced' the veil, at Warsaw, still not gotten to the 'right person'.

Good Luck with all !

Edited July 25, 2010 by Darnell