K2 Visa Denied...Family in Distress We need help!

[JVKn'CVO 11]

I'm very sorry to hear about your situation. I hope you can work things out with the embassy and be reunited soon

Saludos,

Caro

[Rick/Clara 0]

Thanks to all of you for your help, I have contacted my congressman and they have started a congressional inquiry, but I am worried because I have not heard anything for several weeks, and life here is so difficult on us without Veronica here. I did find through google, a website for "Office of Inspector Generals" and in this site they had a section for people having problems with consulate's in Embassy's aboad, so I wrote a letter to them and I will call them immediately Monday!

I have to fix this problem, I just don't understand the withholding of Veronica's Visa, "Is our Country full?" "Did we all not come here from immigrant parents/grandparents at some point?"

I just wish they would follow their own rules, and at least explain why she does not have the Visa.

BTW my attorneys are doing a good job they got me the information that proved our position, however, they are waiting to see if the congressional inquiry has any results, because they said the Embassy's will listen to the inquiry before they will listen to an attorney.

If anyone wants to see this information I can post it, but we even gave the Embassy a memorandom from the Director's to the consulate's that basically tells the consulate's to stop making this same mistake and applying stepchild rules to a K1, and when we showed them that, they just said they had made up new laws last month, so she can't get the Visa.

Maybe I try to get on DR. PHIL or OPERA or something....I don't know but we need many people outraged! NOt just for my case but for all of us that have been violated.

Thanks again.

Rick

[Peggy 1]

Sorry this has happened to your family

You had to be married to her mom before her 18th birthday. That is why she was denied.

[Rick/Clara 0]

Sorry this has happened to your family

You had to be married to her mom before her 18th birthday. That is why she was denied.

Respectfully speaking, I was approved with a K1 Visa, and stepchild laws do not apply. if they did then they would have to change the age for a K2 Visa to 18 or less, and it is clearly 21 or less, everywhere you look.

Thank You,

Rick

[Ta Ta 1]

Sorry this has happened to your family

You had to be married to her mom before her 18th birthday. That is why she was denied.

You are incorrect. He is a K1 and not a K3 and the K3 rules are irrelevant for a K1 with children.

[C&M14 0]

I'm sorry that this has happened to you. I don't know when they changed the law as they said. I got a K1 visa and my three kids got K2 visas. My eldest daughter is 20 years old at the time of the interview. We were all approved July 11, 2007 and got our visas one week after at the Manila consulate. We never had a problem with my daughter's age during the interview. They only made her sign a paper stating that she should be still unmarried when she enters the US on a K2 visa. Though I hope we never encounter any problem during the AOS stage.

I think they made a mistake with your daughter's case. You should pursue it and insist that she is eligible for the K2 visa as she is still under 21 years old.

[maya62 7]

If you have paid for a lawyer s/he needs to be handling this for you...and pronto! They made an error not issuing the K-2 in this case (as you well know) but with her age this must get corrected soon so that she has time to arrive in the US and adjust status before she turns 21 (you don't want to take the chance she will be refused adjusting as some have due to their age...that's a whole other nightmare!).

A K-2 still has the right to "follow-to-join" up to a year after the K-1 has been issued....it may be best for you to try to work from the original petition if at all possible. If you've never received the official refusal, it could still be considered a live petition. Since you are now married if you try for a NEW visa, it will be refused because you were not her stepfather before she turned 18 and she can't get the K-2 (since you're now married) and they will have that excuse to refuse the visa. See what I mean? Until your wife receives her GC she won't be able to apply and it will be in a different preference category and will take quite some time to process.

If your lawyer isn't going to help or drags his/her heels or doesn't involve Congressional intervention, then you contact your Representative and Senator to help. (Sometimes they don't quite understand the K-1/K-2 so be SURE they know what you're talking about...I had to educate ours a little bit...but once she understood she was very helpful in expediting it for us).

I'm so sorry this happened and wish you the best of luck.

I agree with this poster, too.

From your timeline it appears you are in the US and were married a little over a month ago (congratulations, btw).

If you have not done so already, I suggest getting ALL AOS (and EAD/AP if applicable) packages ready to go as soon as Veronica gets here. You could send the others in now and file hers separately if you want, but she needs to adjust as soon as possible.

So sorry to hear of this difficulty. Hopefully soon it will just be a "war story". Best of luck...

Maya

[Raspect 0]

well hopefully Feingold is as good as he seems

and works HARD for you

I hope your daughter is with you all soon.

Man, just like police, just like many, they hold too much power, and if they don't know how to handle the power or if their ego gets in the way, it is a big problem

i.e. this case here

BEST OF LUCK TO YOU

HELP HIM FEINGOLD!!!!

[anitacastillo 0]

Congrats on getting a State Dept encouraging response!! I hope your family is reunited soon!!!

[Ta Ta 1]

That is good news, keep us posted.

[Kang Lang 7]

good luck to your family!

[Zee Bee 61]

Yay!!

Good luck! I hope she gets it soon and your whole family can be reunited

[pj1959us 0]

That is good news! Be sure to stay on top of this and get her here ASAP...with her age you could be heading for yet another nightmare if she arrives on that K-2 and turns 21 before she adjusts status!!!!

Good luck to you all! Thanks for keeping us updated.

PJ

[Carlawarla 1]

I agree about contacting US representatives. You know, it may be advantageous to also contact the media....

Carla

[Rick/Clara 0]

The Embassy called Veronica today, and they told her to come in and pick up her Visa!!!!! My wife and I were so happy, we were crying, this has been a terrible experience, even though the ending worked out. I want to hold my tongue as she does not have the Visa in hand yet, but all looks so much better today.

Thanks for all of your suggestions, I will keep everyone posted, and I am willing to throw in my 2 cents if someone as a similar situation

God Bless

Rick