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

[Rick/Clara 0]

I need help.

A little over one month ago, I stood in line in the Embassy in Bogota Colombia, so happily waiting to get the 4 visa's I was sure we were going to get. One for my wife Clara, and 3 her daughters, Natalia 6, Luisa 14, and Veronica 19, all of course under the magic age of 21 so they could attach as K2's to my then fiance's K1. I had the plane tickets in hand to take my new family (Wife and her 3 daughters) to the USA. BTW, I have 3 children too. We were going to be the Brady Bunch!

Why would they not give us the Visa's? I had met every qualification, filled out the paperwork perfectly, hired good attorney's to check it all over, and best of all, it was already approved here in the USA at the CSC. I had not lied, she had not lied. I had plenty of proof of the relationship and good support, everything was going perfectly. Clara was brilliant in her abilities to get all the necessary documents together on her end, God Love her, she was amazing, it was going to be the happiest day of our lives!

We were at the final window, and we were so excited, they had already treated us like we were dirt, believing Clara was a liar with almost everything she said, but what the heck, that part was over now, and I had read enough on this site so I was expecting that, and who cares, we get the Visa's and we are out of there....Right?

Then,

The lady, (BTW, I never saw a man in any of the windows, all women.) started talking to Clara in Spanish, within seconds I saw her face turn so sad. The lady had said “I am sorry, I have good news and bad news, the good news is we are going to give you three Visa's, unfortunately the bad news is, we cannot give you Veronica's Visa, as she is too old, she is over the age of 18.” I told the lady, she was wrong, the age for a K2 Visa is under 21, she said “Yes but your case is different, you needed to have been married to your fiance and have already established a stepchild relationship prior to Veronica turning 18 years old” I said “What?” She said “Yes you would have to prove that you were married and have established a stepchild relationship prior to Veronica's 18th birthday”

I started to get angry but remained calm, I said “We are not applying for a K4 Visa? You mean to tell me that there are other cases where the people filed for a K1 Fiance Visa, but they were already married?” I knew she did not know what she was talking about, because obviously, your not going to file for a K1 if you are already married. I argued with her for about 15 minutes, she would not give in still sticking to her ridiculous and actually impossible position that we had to have already been married before filing for the K1 Visa.

Clara and I were destroyed, we were both sobbing so hard with everybody looking at us wondering what had happened. I now see why these consulate's work behind thick securtity glass, because I wanted to strangle this lady who had destroyed our life, and did it with such ease. Then, we had to go and tell Veronica she was not going with us to the US, all of us were crying. We had already made plans for Veronica to work at the University near our home as a Teaching assistant in the Spanish department, and finish her education in the meantime.

Later, when we went back to pick up the Visa's I argued further with the same lady, and showed her the actual laws given to us by our attorney's back home, (<sy@myimmigrationlawyer.net>) who have been great BTW, these laws proved our position but the lady did not care.

We immediately purchased some furniture for Veronica so she could set up a temporary apartment in Bogota, as I don't know how long this is going to take to get her here. I spoke with Senator Feingold's office and they have started a congressional inquiry on this matter, about 3 weeks ago, Veronica went back to the embassy for another interview, as the embassy had left the case still open as it is today, and we were sure they were going to give her the Visa then, but they denied her again. This time she handed them the paper work, we had received from our attorney's after they had investigated this further, and part of that paper work was an memorandum from the director's to the consulate's which stated that they are NOT to apply the stepdaughter rules to the K1 visa process, and that all children under the age of 21 that are unmarried, and living with the K1 are eligible for the Visa. This still did not change the consulate's decision, but they were boxed into a corner because they could no longer argue there position given the information in front of them, so when Veronica asked why they were denying her the Visa? They said, “Ah, ah , um, ah, there are new laws that went into effect last month, and so we cannot give you the Visa” She said show me the laws, and they did not.

I spoke with many attorney's here and none of them are aware of new laws!

Today, when Clara called the embassy, for our weekly call between 2 and 4 pm on Wednesday's, the lady told Clara an amazing thing, she said “Listen, your case is still open here, but remember, they can do what they want, if they decide not to give Veronica the Visa then she does not get the Visa, they don't have to have a reason, they can do what they want, and there is nothing you can do about it.”

This is where the case sits now, they have so far, denied the Visa to my stepdaughter because they felt like it and for no other reason. BTW law also says they are required to give us a letter stating the reason (s) for denial. We have received nothing.

I need help!!! What can we do?

Rick

[Jasman0717 9]

Sorry to hear of your situation

[sakurasama 0]

This is so horrible! I have been on these boards for two and a half years because of my own (K-1) visa rejected by an incompenetent CO for a flimsy "reason" and have seen it happen again and again. The first thing to do is relax and realize that you are completely helpless. Okay, now, keep calling the Embassy and talking to whomever will talk to you. This probably won't work but you never know. Do try to demand a 221g which is a letter explaining the refusal. I would also talk to my lawyer about reapplying. You may dread the idea thinking about the long wait but you also don't want to waste time hoping for some thing that just isn't going to happen with this petition. When you do reapply you can spell out what happened in detail in the application and when/if it is approved by the USCIS, hopefully the consulate will have a really hard time denying a petition that has been approved twice by the USCIS. You also don't want your stepdaughter to turn 21 before this nightmare ends!

Most of all, take care of your new wife and daughters. I can't imagine the pain they are feeling being seperated from their daughter and sister.

Best of luck!!!

[Rick/Clara 0]

This is so horrible! I have been on these boards for two and a half years because of my own (K-1) visa rejected by an incompenetent CO for a flimsy "reason" and have seen it happen again and again. The first thing to do is relax and realize that you are completely helpless. Okay, now, keep calling the Embassy and talking to whomever will talk to you. This probably won't work but you never know. Do try to demand a 221g which is a letter explaining the refusal. I would also talk to my lawyer about reapplying. You may dread the idea thinking about the long wait but you also don't want to waste time hoping for some thing that just isn't going to happen with this petition. When you do reapply you can spell out what happened in detail in the application and when/if it is approved by the USCIS, hopefully the consulate will have a really hard time denying a petition that has been approved twice by the USCIS. You also don't want your stepdaughter to turn 21 before this nightmare ends!

Most of all, take care of your new wife and daughters. I can't imagine the pain they are feeling being seperated from their daughter and sister.

Best of luck!!!

Thank you, I had not thought about reaplpying, that is a good idea, I also wrote a letter to the Inspector General, they have a hotline for these issues, maybe they can help, but I don't have a choice I cannot give up, because I hear the sadness in my home everyday, especially from Veronica living alone in Bogota, and I promised her, I will get her here, I will not stop trying. Thank you again for all of your thoughts.

Rick

[sakurasama 0]

My K1 petition was sent back to Homeland Security. I waited for some kind of decision on it that never came. A lawyer told me to reapply and my petition was approved again by the USCIS. My fiance's interview is Tuesday and I hope this time he won't have a b*%#h for a CO. I regret wasting that time waiting for some resolution for my first petition. It was awful starting all over again but that is what it took.

[Zee Bee 61]

I just wanted to say that I am so sorry to hear about your situation. This is utterly ridiculous that someone sitting somewhere can just decide what to do. I am sure that with your dedication to your step-daughter you will resolve this problem and get her here soon.

You and your family are in our prayers.

[Ta Ta 1]

I am so sick and tired of one incompetent CO having the final word in this process. There are no checks and balances at the embassy and

too much power is given to one CO, often new and unfamiliar with the regulations.

Something has to change in this system. We are going through a nightmare with a K1 also because they are not abiding by their own rules involving a child.

You are in my prayers

[Bill y Bella 0]

You need to contact your US congressman or Senator immediately. They will be able to help you.

I am going to make a copy of your post and put it in the Colombia forum. Start reading at the end of the forum. There are people there such as OskaryAndrea that have done battle with the Bogota embassy and won. Read her posts and contact her!

Unless there is something else going on with Veronica that you have not told us, I think you can overcome this problem quickly with some assistance from your congressman or senator.

Good luck to you.

[TracyTN 237]

I'm sorry to hear of your situation - what a mess!

Since you've paid for one, what does your lawyer plan to do next? Surely he knows more about next steps than folks on a message board. Getting the denial in writing would seem like a place to start to me - then again, I am not an attorney.

[nate&nid 0]

.... from recent personal experience .....

Contact your US Senators and US Congress-person soon. Yes, they will tell you that they have no influence on the decision of the CO (after 9/11 everything got more difficult), but when a US Senator and a US Congress-person inquire about a case at an Embassy, it is not sent to the CO but to an individual way up the CO's chain of command who does have influence on the decision - the case must be reviewed by that person because they are ultimately responsible to answer the Senator's and Congress-person's inquiry (it is not usually very smart to blow off a US Senator), so you will hopefully have a more reasonable set of eyes reviewing your case.

Good Luck, don't give up!

[JanaknJanet 0]

I understand your frustration and hurt.. but in reading all the laws concerning children over the age of 18 and under 21... everything I can see says that YOU MUST have established parental status of the child prior to the age of 18. With that you are able to bring the child here to await the I130 .. .

Maybe I am wrong.. and if so please show me where it says that you can bring a child between 18-21 before you are married to the mother... . at that time the child is not your child is still your fiancee child ..

Read point #8 concerning stepparent status:

If your petition is based on stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child's natural parent tshowing that the marriage took place before the child's 18th birthday, copies of documents showing that any prior marriages were legally terminated.

http://www.uscis.gov/files/form/I-130instr.pdf

I know this does not seem right I totally agree... I am also facing the situation of wanting to file K1 with my fiance having two children one age 15 one is 19. now.. with how the papers are only the one child is able to directly come with pappa.. even tho he has custody of both and is sole supporter.. the 19 yr old is in college.. still is dependant.. so how is it fair.? now as it is the son will be faced with having to stay back and live without pappa.... not right but it is how our laws are...

[Bill y Bella 0]

I understand your frustration and hurt.. but in reading all the laws concerning children over the age of 18 and under 21... everything I can see says that YOU MUST have established parental status of the child prior to the age of 18. With that you are able to bring the child here to await the I130 .. .

Maybe I am wrong.. and if so please show me where it says that you can bring a child between 18-21 before you are married to the mother... . at that time the child is not your child is still your fiancee child ..

Read point #8 concerning stepparent status:

If your petition is based on stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child's natural parent tshowing that the marriage took place before the child's 18th birthday, copies of documents showing that any prior marriages were legally terminated.

http://www.uscis.gov/files/form/I-130instr.pdf

I know this does not seem right I totally agree... I am also facing the situation of wanting to file K1 with my fiance having two children one age 15 one is 19. now.. with how the papers are only the one child is able to directly come with pappa.. even tho he has custody of both and is sole supporter.. the 19 yr old is in college.. still is dependant.. so how is it fair.? now as it is the son will be faced with having to stay back and live without pappa.... not right but it is how our laws are...

You are mixing oranges and apples I think. There is no I-130 and the regulations you are quoting do not apply to this situation. His current wife was his fiancee at the time the visas were granted. The regulations that apply are K-1 & K-2 regulations

Unmarried children under the age of 21 are eligible for a K-2 visa if they are listed on the original I-129F petition.

Here is the link to the information on the USCIS website. I also copied part of the page below.

Who is Eligible

U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you. You and your fiancé(e) must marry within 90 days of your fiancé(e) entering the United States.

You may also apply to bring your fiancé(e)'s unmarried children, who are under age 21, to the United States.

[pj1959us 0]

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.

[Ta Ta 1]

I agree with this poster 100%. This is the best way to go in my opinion.

[Ta Ta 1]

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.

Oops, this quote did not come through in my other post. But this is the best way to go in my opinion. I agree with everything

and think it is good advice.