Older K2 a problem for K1 approval?

[pushbrk 12,883]

Thanks Gary. Yes I think this is a jurisdictional matter. I believe there is some court precedence in the Ninth Circuit to allow >21 AOS approval. So it could work out since I am in that dist. But I'm not up for a court battle, been to that horror show, never again. The I485 would be sent to the Chicago lockbox. Technically however, the Nebraska service center would handle the AOS, as far as I can tell, for an app originating in WA state.

The word I got was that the consulate does not cite the older K2 as the basis for denial, they use something else for the basis. Usually the "failure to show a bonafide relationship" catch-all. Yes it seems preposterous, but from what I can see it would be in character for GUZ. Hence the concern, this topic, and this question:

Anyone go through the Guangzhou consulate for a K1/2, with a 19yo or older K2, in the last few years or so?

What was the result?

You might ask that question over at www.candleforlove.com but in the meantime, I would file that I-129F instead of wasting time. It's what you're going to end up doing anyway and you'll never get this time back.

[Sisyphus 1]

You might ask that question over at www.candleforlove.com but in the meantime, I would file that I-129F instead of wasting time. It's what you're going to end up doing anyway and you'll never get this time back.

Yes, thanks I am proceeding with the I129f petition. I think I will post over at CFL as you suggest. Just undecided on the inclusion of her son's name on the form. However, given the circumstances, I am collecting affidavits/statements from both sides of the pond to try and address our red flag issues. I'm not in a big hurry to file, I think it's a good idea if her interview does not happen before the 1 year anniversary (7/22/2011) of her most recent divorce. We will have been together for over 1 year and I will have visited again. So I'm aiming at a Dec filing, meanwhile trying to line up the ducks as best I can.

Edited November 13, 2010 by Sisyphus

[pushbrk 12,883]

Yes, thanks I am proceeding with the I129f petition. I think I will post over at CFL as you suggest. Just undecided on the inclusion of her son's name on the form. However, given the circumstances, I am collecting affidavits/statements from both sides of the pond to try and address our red flag issues. I'm not in a big hurry to file, I think it's a good idea if her interview does not happen before the 1 year anniversary (7/22/2011) of her most recent divorce. We will have been together for over 1 year and I will have visited again. So I'm aiming at a Dec filing, meanwhile trying to line up the ducks as best I can.

As Don at CFL would say, WHOA! Including the name of ALL the beneficiary's children on the I-129F form is mandatory. It's just a question. Answer it accurately. It doesn't ask if they are immigrating. If she had 6 children all married and over 21, you would still list them ALL.

Always read carefully, interpret literally and answer accurately.

[Sisyphus 1]

As Don at CFL would say, WHOA! Including the name of ALL the beneficiary's children on the I-129F form is mandatory. It's just a question. Answer it accurately. It doesn't ask if they are immigrating. If she had 6 children all married and over 21, you would still list them ALL.

Always read carefully, interpret literally and answer accurately.

Yes, I see. For some reason I was thinking wrongly about this since I went into this conundrum. Thanks for setting me straight on that.

[payxibka 10,045]

The word I got was that the consulate does not cite the older K2 as the basis for denial, they use something else for the basis. Usually the "failure to show a bonafide relationship" catch-all.

The K-2 CANNOT be denied because of a "lack of relationship". A K-2 is given AUTOMATIC approval as a DERIVATIVE visa of the K-1. It cannot be any other way. They can deny a K-1 for this reason but NOT a K-2 of an approved K-1