K2 Power of attorney

[Lawkev 0]

My wife's children are scheduled to be interviewed later this month for K2 visas in Gambia. I was just informed by the embassy that since my wife is in the US her brother will need a power of attorney in order to accompany the children to the interview. I wanted my wife's brother to bring them to Senegal for the interview and then they would stay with family in Senegal. Once the Visas are issued a family friend would pick up the visas. Would that family friend also need a power of attorney in order to pick up the visas? The embassy does not respond to my emails all of the time so I am asking if anyone here can assist me. Does it have to be a US based lawyer or can it be a lawyer based in Gambia or Senegal? In addition, what do the children have to bring with them to the interview? Their mom came to the US on a fiance visa less than a year ago. So far I know they have to bring the ds-160, passports, birth certificate and medical exam. I believe they have to bring pictures but I'm not sure how many.

 

Thank you so much 

 

[Crazy Cat 41,761]

13 minutes ago, Lawkev said:

Once the Visas are issued a family friend would pick up the visas. Would that family friend also need a power of attorney in order to pick up the visas?

I would expect so.  I'm sure they don't hand over passports easily.

15 minutes ago, Lawkev said:

In addition, what do the children have to bring with them to the interview?

Someone should have gotten specific instructions from the consulate. 

[Sparkle Sparkle 914]

I would think they both need POA, I mean her brother (Kids guardian) and whoever will pick up the passport. However its possible to prepare the POA in the USA with a copy of their passport (Guardian and who will pick up visas) If you prepare the POA yourself it needs to be  notarized and you must sign and date copies of their passports and staple it to the POA. Since it is addressed to the US consulate you should not have any problems with legalities. My advice is that the Guardian and the appointed person to pick up visa be the same person otherwise you will have to name the person that will pick up the visas on the POA. This is based of the experience of a friend that went through the same process at the US embassy Togo....I presume Senegal might be slightly different...It might be beneficial to find out exact requirements from the consulate as @Crazy Cat recommended.

[JeanneAdil 6,483]

US lawyer?   can you afford for one to go to Gambia for this? 

Gambia lawyer?  can u fly to Gambia to hire one? 

does Gambia use a courier service to deliver passport with visa? how did your wife get hers?

how old are these kids?

who will travel to US with them?  

[JeanneAdil 6,483]

and is she a LPR so the petition would be F2a as it requires different documents?

 

What Documents are required for a K2 Visa?

• Duly filled in Form DS-160 (to be submitted online)
• Passport.
• Copy of birth certificate.
• Completed Form I-134.
• Affidavit of Support and sponsor documents.
• Passport sized photograph.
• Result of medical examination (from an Embassy accredited physician)

so sorry the Gambia us embassy does not list the above like other embassies do

but your letter with appointment should tell you exactly what to bring including the letter itself to get into the embassy

 

 

[Lawkev 0]

1 hour ago, Sparkle Sparkle said:

I would think they both need POA, I mean her brother (Kids guardian) and whoever will pick up the passport. However its possible to prepare the POA in the USA with a copy of their passport (Guardian and who will pick up visas) If you prepare the POA yourself it needs to be  notarized and you must sign and date copies of their passports and staple it to the POA. Since it is addressed to the US consulate you should not have any problems with legalities. My advice is that the Guardian and the appointed person to pick up visa be the same person otherwise you will have to name the person that will pick up the visas on the POA. This is based of the experience of a friend that went through the same process at the US embassy Togo....I presume Senegal might be slightly different...It might be beneficial to find out exact requirements from the consulate as @Crazy Cat recommended.

How do I go about preparing a power of attorney myself? I have seen some templates online. Are we basically talking about a letter from the children's mom stating the she permits a particular person to go with the children to the interview and collect the passports? I can use one individual to keep it simple. However, the person is a family friend and I don't think he has a passport but he does have an identification card. Would he have to send me a copy of his identification? I apologize if I sound ignorant. I haven't done this before and I found it about this at the last minute. I guess I never thought that they wouldn't just give the passports to anyone. The interview is on September 30th. If possible I can prepare the power of attorney here and send it to Gambia to my in laws via DHL. 

 

Thank you 

[Sparkle Sparkle 914]

Am really sorry, am not a lawyer and am not soon keen on legalities...However I do think he needs a passport because its a legal Identification document both in the USA and in Senegal since you might need to notarize the POA and supporting documents in the USA. I do find it strange that someone has to collect the visas...I was under the impression the consulate offers secure paid courier for visa stamped passports. Its expensive but solid to get a lawyer to do POA here in the states. I see nothing wrong with using online templates and notarizing them as my friend did and it worked out for her. And I forgot to mention that your wife needs to attach a copy of her visa and data page to the POA....i.e

1. POA from your wife

2. International passport of guardian 

3. Wifes visa and data page of international passport 

 

Stapled together and notarized

Edited September 10, 2021 by Sparkle Sparkle

[Ryan H 3,812]

Moved from K1 Progress Reports to US Embassy and Consulate Discussion.

[Lawkev 0]

My wife sent a simple noterized letter to a family friend abroad authorizing him to accompany the children to interview. She also sent a noterized copy of his government ID. The children completed the interview last week. The embassy is holding their passports and they were told to pick up the visas on Thursday. 

 

Thank you for your help. 

Edited October 12, 2021 by Lawkev