confused and worried

[Dave61 1]

Tip number one. stop listening to the CBP people. They know little to nothing about immigration.

Your wife arrived on a k-1, if you married within the 90 days you are ok to file the I-485 along with other things (follow the guide) and adjust status for her even if the I-94 is expired. I don't know why they said to submit her paperwork at the infopass appointment as it has to be mailed to the Chicago lock box to be processed. I don't think they will accept it at the local office (maybe call and check?)

Sounds like maybe you didn't state the son would be a follow-to-join so the consulate put all the paperwork in one envelope thinking they would arrive together. Of course you would have no way of knowing this since you can't open the envelope.

Sounds like the only problem is tracking down the son's paperwork and I am willing to bet it is all in the one envelope but who knows where that ends up after entry. My best guess is try to get a copy of what was in the son's brown envelope sent from the consulate to the appropriate authority here in the US or else track down the original brown envelope and see if his paperwork is in it. How you could go about doing this I don't know but this is the main issue.

Despite this your wife is here with no status (after the I-94 expires)until you file for her to adjust status. Highly unlikely she will be deported. The son is in limbo until his paperwork is found, but this is not your nor your family's fault...The US government has messed up yet again.

[Dave61 1]

Belinda63,

Certainly feel relieved reading your response, i will call the info pass first thing monday morning.

On the son, we filed all the paperwork with the US Consulate and indicated he would be following, strange thing is, the one envelope my fiance (at that time did receive) when opened at newark NJ (K1 Fiancee's point of entry), she watched the immigration officer open the envelope, and there were only pages inside - no other envelope. No doubt they will sort this out with the consulate by the time we return.

The panic was about my wife when he said she was illegal. He also said the 485 would be rejected if we mailed it to the lock box, thats why he suggested doing the infopass. Somehow I know inside me you are right, that's why I will call them Monday first thing.

How can you be so sure she will be ok, is she really illegal given the fact we married 1/7/12 and she arrived 12/29/2011, well within the 90 days. The K1 gave us 90 days to marry, nowhere does it state you must file the I485 before the 90 days expire. The uscis web site is also not presenting the info in a concise way, If you are in the US and you are a USC married to the K1, their first page details the 2 step process, but does not define time limits.

Really appreciate your time, its people like you that make this world a better place, and we both respect your effort to alliviate our concerns, thank you very much.

[hnubno 9]

Since your wife came on a K1 visa as uour fiancee all you guys need to do is file for AOS and not the I130. You would only file I130 if you married her and then want to bring her to US meaning she would be living outside of US. Others will explain better but since her I94 expired but she came on a K1 and you guys married with 90 days then she is here legally but with no status... Correct me if I'm wrong. I'm thinking they have your wife's son paperwork with hers but I hope everything gets straighten out.

Edited April 28, 2012 by hnubno

[Darnell 8,478]

Now I understand this is not correct, but if you follow the links it is said to be a 2 step process, the immigration officer told me if I just file the I-485 now it would be rejected because it is beyond the 3/28 window I-94 expiration date, he then suggested making the info pass appointment and submitting the I-485 then and there, thats been set up for 4/30/12.

Thanks for your input, very much appreciated

There is no time limit, when adjusting from a K-1 visa, to file the Adjustment of Status,

and the main form is the I-485. Many folk file within 6 months of the POE date with no issues.

We've a guide for that, here. Have you seen it yet?

I understand you 'saw a uscis web site' but you followed directions for a process that doesn't concern you, at all.

More in a bit.

No USCIS officer would have declared her illegal.

A CBP officer might have, they are really stupid about K-1 visa holders.

I really need to write you 'the big response' though..

Belinda63,

Certainly feel relieved reading your response, i will call the info pass first thing monday morning.

On the son, we filed all the paperwork with the US Consulate and indicated he would be following, strange thing is, the one envelope my fiance (at that time did receive) when opened at newark NJ (K1 Fiancee's point of entry), she watched the immigration officer open the envelope, and there were only pages inside - no other envelope. No doubt they will sort this out with the consulate by the time we return.

The panic was about my wife when he said she was illegal. He also said the 485 would be rejected if we mailed it to the lock box, thats why he suggested doing the infopass. Somehow I know inside me you are right, that's why I will call them Monday first thing.

How can you be so sure she will be ok, is she really illegal given the fact we married 1/7/12 and she arrived 12/29/2011, well within the 90 days. The K1 gave us 90 days to marry, nowhere does it state you must file the I485 before the 90 days expire. The uscis web site is also not presenting the info in a concise way, If you are in the US and you are a USC married to the K1, their first page details the 2 step process, but does not define time limits.

Really appreciate your time, its people like you that make this world a better place, and we both respect your effort to alliviate our concerns, thank you very much.

[Darnell 8,478]

1. The K-1 visa is invalidated once it's stamped in at the USA POE. Having an expiration date on the K-1 visa is only useful for 'when to travel' - one must arrive in the USA prior to that date.

2. You filed the wrong set of paperwork (that I-130). You needed to file the I-485 set for Adjusting from a K-1 visa - see http://www.visajourney.com/forums/index.php?autocom=custom&page=k1k3aos . Plan on including the child with the I-485, so that's 2 sets (IIRC) and two fees. Do the math on the fees, it'll get messy, there are discounts when 2 are filed together.

3. The K-2's paperwork is in the big envelope that was handed over to CBP when the K-1 arrived, with the K-1 casefile. You don't need it, per se, but it was to be handed over at a POE.

4. Fax stuff to send out on Monday:

-- Letter of explanation stating that you erroneously filed the I-130 when you should have filed the I-485. Show that you are filing two I-485s now, one for yer wife, one for the child.

-- Demand letter to return the passport, as it was erroneously held by a USCIS officer who did not understand anything about a K-2 follow to join case.

-- Letter of Explanation explaining that the K-2 came later in the calendar, even though the interview was at the same day. You failed to tell the VO at GUZ IV that the child would follow later, so all of the K-2 file was included in the K-1 file, and the K-1 file (including the K-2 file) was already turned in at the POE. Remind them that it is ON THEIR OFFICE to ask for the K-2 paperwork to be retrieved from the national archive, and that they should start the request asap. Remind them that they can see all of his casefile , all of your wife's casefile, WITHIN the SAFEFILE system, in real time. In the end, it still may be possible that GUZ IV not include his K-2 paperwork in the visa packet, after all, but a quick lookup in the SAFEFILE system will confirm all.

-- Letter of Explanation claiming the USCIS officer in Houston has given you erroneous information and imposed an invalid deadline, as a K-1 and K-2 adjustment of status 'time to file' does not hinge upon the expiration date of the I-94. Remind said officer that the INA REGS and 9FAM do not stipulate a deadline of filing the Adjustment of Status, there is only suggested guidelines when filing (when adjusting from a K-1) past the 2 year POE anniversary date of the I-130 and I-485 together, concurrently. Also declare that you are adamant with being given erroneous information and that you prefer to deal with this person's supervisor instead of that person. If you get any chaff about this, remind them that the Ombudsman's Office can clear up procedural errors and ignorance very quickly, in the end requiring them to attend refresher training classes. Also demand that he rescind any deadlines that he imposed, as they were done in error, and demand the child's passport to be returned.

---

Can things be cleared up via an infopass appointment? Maybe. If you get a balky human (most USCIS front line officers are poorly trained, less trained than the IRS TeleReps folk call during tax season) then you need to calmly and politely ask for the shift supervisor.

I really hate the situation yer in. It's full of procedural errors, between CBP, USCIS, and you. YOU can get all of this fixed, if you find the right, competent human within USCIS.

On Monday, I suggest (also) that you call into the National USCIS Hotline, get a Tier 2 Human, an ISO, and explain all. Do not try to explain anything to the first human that answers the phone, just ask for an ISO. An ISO can usually handle all matters over the telephone that an in-person appointment with a local USCIS office (via infopass) can handle.

Edited April 28, 2012 by Darnell

[peter.chou 3]

1. The K-1 visa is invalidated once it's stamped in at the USA POE. Having an expiration date on the K-1 visa is only useful for 'when to travel' - one must arrive in the USA prior to that date.

2. You filed the wrong set of paperwork (that I-130). You needed to file the I-485 set for Adjusting from a K-1 visa - see http://www.visajourney.com/forums/index.php?autocom=custom&page=k1k3aos . Plan on including the child with the I-485, so that's 2 sets (IIRC) and two fees. Do the math on the fees, it'll get messy, there are discounts when 2 are filed together.

3. The K-2's paperwork is in the big envelope that was handed over to CBP when the K-1 arrived, with the K-1 casefile. You don't need it, per se, but it was to be handed over at a POE.

4. Fax stuff to send out on Monday:

-- Letter of explanation stating that you erroneously filed the I-130 when you should have filed the I-485. Show that you are filing two I-485s now, one for yer wife, one for the child.

-- Demand letter to return the passport, as it was erroneously held by a USCIS officer who did not understand anything about a K-2 follow to join case.

-- Letter of Explanation explaining that the K-2 came later in the calendar, even though the interview was at the same day. You failed to tell the VO at GUZ IV that the child would follow later, so all of the K-2 file was included in the K-1 file, and the K-1 file (including the K-2 file) was already turned in at the POE. Remind them that it is ON THEIR OFFICE to ask for the K-2 paperwork to be retrieved from the national archive, and that they should start the request asap. Remind them that they can see all of his casefile , all of your wife's casefile, WITHIN the SAFEFILE system, in real time. In the end, it still may be possible that GUZ IV not include his K-2 paperwork in the visa packet, after all, but a quick lookup in the SAFEFILE system will confirm all.

-- Letter of Explanation claiming the USCIS officer in Houston has given you erroneous information and imposed an invalid deadline, as a K-1 and K-2 adjustment of status 'time to file' does not hinge upon the expiration date of the I-94. Remind said officer that the INA REGS and 9FAM do not stipulate a deadline of filing the Adjustment of Status, there is only suggested guidelines when filing (when adjusting from a K-1) past the 2 year POE anniversary date of the I-130 and I-485 together, concurrently. Also declare that you are adamant with being given erroneous information and that you prefer to deal with this person's supervisor instead of that person. If you get any chaff about this, remind them that the Ombudsman's Office can clear up procedural errors and ignorance very quickly, in the end requiring them to attend refresher training classes. Also demand that he rescind any deadlines that he imposed, as they were done in error, and demand the child's passport to be returned.

---

Can things be cleared up via an infopass appointment? Maybe. If you get a balky human (most USCIS front line officers are poorly trained, less trained than the IRS TeleReps folk call during tax season) then you need to calmly and politely ask for the shift supervisor.

I really hate the situation yer in. It's full of procedural errors, between CBP, USCIS, and you. YOU can get all of this fixed, if you find the right, competent human within USCIS.

On Monday, I suggest (also) that you call into the National USCIS Hotline, get a Tier 2 Human, an ISO, and explain all. Do not try to explain anything to the first human that answers the phone, just ask for an ISO. An ISO can usually handle all matters over the telephone that an in-person appointment with a local USCIS office (via infopass) can handle.

what's an ISO?

[Darnell 8,478]

ISO - http://www.dhs.gov/files/publications/gc_1305658440339.shtm

[peter.chou 3]

ISO - http://www.dhs.gov/files/publications/gc_1305658440339.shtm

Thx for the info, appreciate it!

[Dave61 1]

Special thanks to everyone who changed the course of our weekend, with all this information everyone gave us, the fear factor has diminished and the confusion cleared, above and beyond thanks to Darnell, and Belinda63 your information was outstanding and most helpful, thank you all very much indeed. :star: :star:

[Darnell 8,478]

just read belinda's post - that's a great synopsis !!

[ALJERENCE32549 0]

Tip number one. stop listening to the CBP people. They know little to nothing about immigration.

Your wife arrived on a k-1, if you married within the 90 days you are ok to file the I-485 along with other things (follow the guide) and adjust status for her even if the I-94 is expired. I don't know why they said to submit her paperwork at the infopass appointment as it has to be mailed to the Chicago lock box to be processed. I don't think they will accept it at the local office (maybe call and check?)

Sounds like maybe you didn't state the son would be a follow-to-join so the consulate put all the paperwork in one envelope thinking they would arrive together. Of course you would have no way of knowing this since you can't open the envelope.

Sounds like the only problem is tracking down the son's paperwork and I am willing to bet it is all in the one envelope but who knows where that ends up after entry. My best guess is try to get a copy of what was in the son's brown envelope sent from the consulate to the appropriate authority here in the US or else track down the original brown envelope and see if his paperwork is in it. How you could go about doing this I don't know but this is the main issue.

Despite this your wife is here with no status (after the I-94 expires)until you file for her to adjust status. Highly unlikely she will be deported. The son is in limbo until his paperwork is found, but this is not your nor your family's fault...The US government has messed up yet again.

hi,

We are going to apply for K1 for me and of the same time k2 for my son. my son is in my paper work as k2, and follow-to-join.

and then, we dont apply it on separate paper which is I-130. We ask his attorney about this matter, and she said, as long as my son is in my paper work.. e will be noted as k2 and can join me to travel in US if an only i get approve for my k1.

Last March 16, i recieved my Case number from the embassy.

Last April 10, i pay my k1 visa application. We thought that the payment also for me and my son is only 1 cause we are in 1 document. thats why i get confuse, so i ask my fiance to call the embassy and then she said that we also pay for my son for his visa interview as k2.

So, Last April16, we pay for my son Visa application for k2.

after that, we scheduled our appointment thru online. which is May 17, 2012 ( which is so soon).

but after a few days, i do not hear any news from the embassy. So i ask my fiance again to call them, and the one who answered said that she will just send me an email application confirmation for my visa interview for me and my son and said that i will jut print it out.

i already have my Appointment confirmation they sent thru my email.

We already booked a flight and hotel in manila.

But still i'm confuse, cause they did not send me a packet thru mail box, but just an email and just print it out..

is it possible? does anyone experienced same as mine?

does anyone have not recieved a packet thru mail box? but just recieved an application confirmation from the embassy thru yahoo email??