K1 Approved K2 Denied

[LibCampFireClub 635]

My wife received her green card in early March of this year. She is K1 and her daughter is K2. Both underwent medical examinations before leaving their homeland, and successfully passed their interviews. They both received visas and travelled to the US together.

I filed for AOS for both a short time after marrying within the required 90-day timeline, and submitted all the appropriate paperwork and fees. A few months later we received an RFE stating that vaccination supplements were required for both, and that our daughter; the K2, also needed a medical examination. Later realizing that the vaccination supplement was required, we completed all the shots and sent the required Vaccination Supplement form for both as required by a Civil Surgeon.

Knowing that the request for our daugther's medical examination was improper, I called the USCIS to inform them of the error, and was informed by the officer to whom I spoke that the request for another medical examination was indeed improper for a K2 because the medical examination done in the homeland was still valid, being well less than one year of the date given. He told me to send the vaccination supplement and and letter stating our daughter was K2 and my wife was K1 and that they both completed medical exams as required in their homeland before being granted their visas.

A short time after responding to the RFE my wife received her green card. But, there was no movement on our daughters case. I learned last week that my daughter's AOS had been denied for failing to provide all the information requested by the RFE; as in the uneeded medical as stated in the I-485 directions:

Fiance(e)

If you are a K-1 fiance(e) or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiance(e) visa, you only need to submit a vaccination supplement, not the entire medical report. You may include the vaccination supplement with your adjustment of status application.

This is the sort of thing that makes those that wish to obey US immigration law, seek ways to disobey and circumvent the system. Our daughter is the victim of an unqualified immigration official that doens't know the difference between a K1, K2, or any other visa. Now, we are forced to attempt to reopen our case on a bogus requirement. Our daughter couldn't be more sad and hurt as her letter said she must leave the country within 30 days.

Does anyone have experience with such appeals? We appeared for an infopass this AM without getting too much more info.

[LibCampFireClub 635]

Just wanted to add a short note.

I know this situation may sound a bit confusing to some, but make no mistake about it, errors by the USCIS are quite common. Our daughter, a K2, had her AOS denied only because we did not send an I-693 Medical Examination as requested in the RFE. The reason we didn't send it, is because it's not required to do so as per USCIS instructions; SEE THE QUOTE IN MY PREVIOUS POST.

After the USCIS received our reply to the RFE, with a letter clearly articulating that our daughter is a K2, an officer denied her AOS simply because all items were not provided as per the RFE; Catch 22.

Yes, piss on them and their ignorance and rude disregard of the emotional impact of their error, and the extra work created for us to correct it.

It's baffeling the large number of USCIS employees that don't know the difference between a K1, K2, H1b, or any other visa type.

[Niels Bohr 72]

It's very unfortunate that this happens to you.

[Robin28 2]

Just wanted to add a short note.

I know this situation may sound a bit confusing to some, but make no mistake about it, errors by the USCIS are quite common. Our daughter, a K2, had her AOS denied only because we did not send an I-693 Medical Examination as requested in the RFE. The reason we didn't send it, is because it's not required to do so as per USCIS instructions; SEE THE QUOTE IN MY PREVIOUS POST.

After the USCIS received our reply to the RFE, with a letter clearly articulating that our daughter is a K2, an officer denied her AOS simply because all items were not provided as per the RFE; Catch 22.

Yes, piss on them and their ignorance and rude disregard of the emotional impact of their error, and the extra work created for us to correct it.

It's baffeling the large number of USCIS employees that don't know the difference between a K1, K2, H1b, or any other visa type.

I would make an INFO PASS Appointment As soon as possible !! I'm not sure exactly what can be done but maybe this can be fixed .. Good Luck

[LaL 418]

you are not the only one this has happened to. I believe Anastassia received an RFE for medical and sent back the vaccine supplement, only to be denied for not responding to their request. If memory serves me right, she refiled and was approved.

[kim&james 0]

Also bring this to your Senator/congressmans attention.

What about contacting the ombudsman?

I know it probably wont help but your right about the USCIS not being accountable for the mistakes of its employees, if this was a private business they would of been run off a long time ago.

Sorry this happened to your little girl and it will work out ok, just hang in there and work through there stupid processes.

[Keith & Xiang 0]

I agree with Kim&James, contact your congressman IMMEDIATELY!!! Get the fax number to your congressmans office and fax over the RFE and any other documents that you have to support your case.

Thanks,

Keith & Xiang

[perfect 39]

I hope I don't sound negative and I'm sure there are ways that you can still get your daughter's AOS approved as others have said but again this is a sad lesson to do as requested even if you know that it's not necessary.

We were requested to send a new medical for my son, even though his original medical was still valid as it had been done less than one year previously. When I phoned USCIS and advised them that according to their own rules it wasn't necessary I was told in no uncertain terms that even though that was the "Guidelines", each service center has the authority to request anything they want in relation to an application and if we didn't send it in then we could expect to be denied. No question.

So we just went ahead, had the medical done - the RFE for the new medical only cost us approximately one month and he was approved. However, I have heard of a couple of cases quite recently where people didn't send what was requested and were denied.

Not an insurmountable problem in all probability just a maddening, unnecessary and costly detour.

Keep your chin up and it will be fine in the end.

[notrepetiteashley 0]

you are not the only one this has happened to. I believe Anastassia received an RFE for medical and sent back the vaccine supplement, only to be denied for not responding to their request. If memory serves me right, she refiled and was approved.

Yep, you're right. Anistasia reapplied and was approved.

Good luck.

[LibCampFireClub 635]

Just wanted to write a short note about the status of our K2 denial. As indicated in my earlier post, the original K2 was denied in error by the USCIS. As most know, getting the USCIS to admit error is a most difficult task indeed, so decided for another option. Though reapplying was an option, it had to be accompanied by all the paperwork, and fees of course. There is a little known option available to everyone; one of which finding information is quite difficult. This option is available to those who believe the USCIS has made an error in their adjudication, that resulted in a denial. This option is called:

MOTION TO REOPEN WITHOUT FEE

In this motion one must provide a brief synopsis of the background and subsequent decision, followed by evidence showing the error. One must file this motion with the USCIS within 30 days of receiving a denial, or you will simply be out of luck. Fortunately, we were able to do that. Along with that filing, we documented the entire process and sent to the Ombudsman.

Result: SUCCESS! About three and a half weeks after filing our daughters green card was approved and arrived in the mail. We knew we were right no this one, and were willing if necessary to take the case to court. Instead, we provided carefully worded letters and evidence to the USCIS along with copies of all their correspondence, and our replies.

It's most unfortunate that there are not hundreds but likely thousands that are victims of USCIS error that must enter battle for long periods of time. Wishing good luck to all of you....

[Jashley820 0]

Just wanted to write a short note about the status of our K2 denial. As indicated in my earlier post, the original K2 was denied in error by the USCIS. As most know, getting the USCIS to admit error is a most difficult task indeed, so decided for another option. Though reapplying was an option, it had to be accompanied by all the paperwork, and fees of course. There is a little known option available to everyone; one of which finding information is quite difficult. This option is available to those who believe the USCIS has made an error in their adjudication, that resulted in a denial. This option is called:

MOTION TO REOPEN WITHOUT FEE

In this motion one must provide a brief synopsis of the background and subsequent decision, followed by evidence showing the error. One must file this motion with the USCIS within 30 days of receiving a denial, or you will simply be out of luck. Fortunately, we were able to do that. Along with that filing, we documented the entire process and sent to the Ombudsman.

Result: SUCCESS! About three and a half weeks after filing our daughters green card was approved and arrived in the mail. We knew we were right no this one, and were willing if necessary to take the case to court. Instead, we provided carefully worded letters and evidence to the USCIS along with copies of all their correspondence, and our replies.

It's most unfortunate that there are not hundreds but likely thousands that are victims of USCIS error that must enter battle for long periods of time. Wishing good luck to all of you....

Excellent story! Congrats on your success!

[mozplay 29]

Congrats on getting the decision overturned! I am sure your daughter must be a lot happier and more at ease now.

Mo

[TracyTN 237]

I'll bet Girona40 would be curious to hear this bit of news. Probably too late in their case, though.

[rebeccajo 14]

I'll bet Girona40 would be curious to hear this bit of news. Probably too late in their case, though.

Yeah, it's interesting, but I don't think it's apples to apples, Tracy.

[TracyTN 237]