Anyone with experience on the DS230

[doodle 0]

I will give a brief synopsis of what has happened.

ON my then fiances DS230 we stated that he had a daugther. When it asked if she would be immigrating with him now we said NO. When it asked if she would be immigrating at a later date we said YES. I was instructed that this was the best answer to give assuming that sometime in the future we may file an I-130 when she is old enough to decide that.

We went two days ago to the embassy to apply for a B2 visa for her and were rejected based on an existing petition already in her file showing that she is "intending to immigrate". The officer in Jamaica stated that we needed to "clear her name" off of the petition before he could process a B2.

I am trying to communicate through my congresspersons liason to the embassy. I am wondering if anyone knows how I can withdraw the mistake that I have made. I'm not sure if she's been approved for a K2...as nothing in my documentation ever has her name on it. No communication from USCIS or the NVC ever states her name. I am now wondering if they entered her name into the system based on the DS230 and are just trying to give us the run around...

I know this is monotonous and confusing...but if you have some insight I would love to hear it. I'm sending out my letter at noon today. I want to get the ball rolling as fast as possible before everything goes into the great abyss.

D

[Yodrak 7]

D,

Answered already - you should contact the IV unit at the consulate directly to clear up the situation.

Why are you trying to use your congressperson's immigration liaison to do this for you? Such person has little or no credibility to speak for you. (Have you signed anything authorizing your congressperson to be your spokesman and act on your behalf? Or have you only signed something authorizing them to inquire on your behalf?)

Yodrak

I will give a brief synopsis of what has happened.

ON my then fiances DS230 we stated that he had a daugther. When it asked if she would be immigrating with him now we said NO. When it asked if she would be immigrating at a later date we said YES. I was instructed that this was the best answer to give assuming that sometime in the future we may file an I-130 when she is old enough to decide that.

We went two days ago to the embassy to apply for a B2 visa for her and were rejected based on an existing petition already in her file showing that she is "intending to immigrate". The officer in Jamaica stated that we needed to "clear her name" off of the petition before he could process a B2.

I am trying to communicate through my congresspersons liason to the embassy. I am wondering if anyone knows how I can withdraw the mistake that I have made. I'm not sure if she's been approved for a K2...as nothing in my documentation ever has her name on it. No communication from USCIS or the NVC ever states her name. I am now wondering if they entered her name into the system based on the DS230 and are just trying to give us the run around...

I know this is monotonous and confusing...but if you have some insight I would love to hear it. I'm sending out my letter at noon today. I want to get the ball rolling as fast as possible before everything goes into the great abyss.

D

[scy 0]

I will give a brief synopsis of what has happened.

ON my then fiances DS230 we stated that he had a daugther. When it asked if she would be immigrating with him now we said NO. When it asked if she would be immigrating at a later date we said YES. I was instructed that this was the best answer to give assuming that sometime in the future we may file an I-130 when she is old enough to decide that.

We went two days ago to the embassy to apply for a B2 visa for her and were rejected based on an existing petition already in her file showing that she is "intending to immigrate". The officer in Jamaica stated that we needed to "clear her name" off of the petition before he could process a B2.

I am trying to communicate through my congresspersons liason to the embassy. I am wondering if anyone knows how I can withdraw the mistake that I have made. I'm not sure if she's been approved for a K2...as nothing in my documentation ever has her name on it. No communication from USCIS or the NVC ever states her name. I am now wondering if they entered her name into the system based on the DS230 and are just trying to give us the run around...

I know this is monotonous and confusing...but if you have some insight I would love to hear it. I'm sending out my letter at noon today. I want to get the ball rolling as fast as possible before everything goes into the great abyss.

D

Your step-child hasn't been approved for a K-2. She never applied for one. They entered her name based on the DS-230 as a potential K-2 beneficiary. BTW, your husband should be the one contacting the embassy since he is the person through whom she derives her potential K-2 status.

In my opinion, intent to immigrate would be very hard to disprove at this point. Your husband signed a statement that says he intendend for his child to follow him later. This can be retracted, but the fact that your husband is in the US works against her. Clearly anytime a child visits a parent in the US, there will be suspicions that the child is immigrating, rather than just visiting.

Good luck.

[doodle 0]

Thanks for your responses.

Yodrak...we didn't contractually hire the congress person to speak for us...we simply want them to use their power to help us get our message to the Embassy. Kingston Embassy has an extremely tough reputation. I have been trying for the past two days to get them on the phone to no avail...They haven't responded to our emails...

We sent a letter explaining the situation and apologizing for our mistake in confusing the issue. This letter was emailed to the embassy and my congressperson is simply going to follow up for us. The embassy told the mother of my husbands daughter that the b2 would have been approved but there is some pending documentation that needs to be "cleared". Cleared was his word choice...not mine.

My husband is going to continue to try to call...but this is a huge challenge. We both felt that having our congressperson make the connection for us that maybe the embassy would be more likely to readdress their decision. maybe I'm being naive to the situation...but we have to try.

[Yaads 0]

(((D))) Trust me I hope you get this figured out

[Peter Miami 0]

Good luck.

[Yodrak 7]

doodle,

"contractually hire" is not what I asked.

I think you are being a bit naive. It's Congress that wrote the laws that the consulate is enforcing, a congressman cannot ask a consulate to circumvent those laws.

I believe that you'd do better getting an immigration attorney than a congressperson to act on your behalf on this issue. But maybe not. Certainly if you'd consulted with an immigration attorney in the beginning it's less likely that you'd have made the mistake that you did. (But again, maybe not.)

In any event, good luck.

Yodrak

...

Yodrak...we didn't contractually hire the congress person to speak for us....

.... We both felt that having our congressperson make the connection for us that maybe the embassy would be more likely to readdress their decision. maybe I'm being naive to the situation...but we have to try.

[doodle 0]

I guess I'm just feeling a bit frustrated that by making one small mistake can prevent her from obtaining a B2. It doesn't seem fair.

I was quite knowledgable about the whole K1 process and have done everything else without flaw up until this. You can see my husband recieved his residency in less than 6 months from filing AOS. We recieved his K1 in about 100 days from filing...I can't believe I overlooked this question on the DS230.

I am essentially just trying to appeal their decision by somehow proving that showing intent to immigrate was a mistake...and feel that maybe a congressional rep. can help sway the opinion of the embassy. They seem to be on our side.

The only other option I can think of is just waiting until June when this thing expires and appeal at that point.

Edited March 1, 2006 by doodle

[doodle 0]

anyone?