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web2nala

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Posts posted by web2nala

  1. When my wife went through the K1 process, her son was had a problem with the medical (he had PTB when younger and they required him to go through another treatment process before giving him a clear medical certificate).  Since the treatment took over six months, my wife completed the process and came to the US while her son stayed in the Philippines for treatment.  Once he got a clear medical, my wife completed a Power of Attorney form for her sister and her sister completed the process including taking my stepson to the interview. The Power of Attorney may not have been necessary for just the interview but the Philippines has requirements for citizens immigrating out and with the POA in place we had no problems with the process.

  2. 59 minutes ago, N-o-l-a said:

     

    Were you implying that St. Thomas isn't a part of the US or am I totally misunderstanding?  The USVI should be a fine location for a wedding.  I went to a relative's on St. John and it was really lovely.

    He may be referring to the fact that whether or not a K1 visa holder will be allowed renter to the "States" from a territory is somewhat under debate.  The USCIS clearly states on its website that travel to the territories are fine once an I-485 has been filed, even without AP.  But this does not address a K1 visa holder that has not submitted for AOS.  Also the US CBP  sees this as an arrival from foreign country.  This is the quote from their website regarding travel to and from U.S. territories..

     

    "Entry requirements for non-U.S. citizens are the same as for entering the United States from any foreign destination"

     

    Although it is unlikely that a custom/immigration official will check someone coming in from a Territory, it can happen. and things could get complicated.

  3. One must also remember that the interview process is a cumulative thing.  It probably was not a single issue, such as the age gap, that caused the rejection as many with large age gaps are approved.  But just given the brief scenario given by the OP, red flags are there.  Large Age gap, single visit, and even the 1 3/4 years since visiting are all red flags.  Then combine it with the ill advised bar photo and other possible red flags not mentioned (large income or educational gaps, prior history with USCIS... etc can all be flags) and the CO chose to deny.  It is a subjective opinion, not an objective one.  However, as others have stated,  the K1 is dead, its best to move on and begin the CR1 route while building a strong body of evidence.

  4. My wife and I have been discussing this and as usual, we both think that we are correct...lol.  I petitioned for my wife and her two children last June on K1 and K2 visas (from the Philippines) and my now wife came in to the USA via a K1.  We married in March and filed for AOS.  However, the kids were held up due to PTB treatments at St Lukes.  Her son completed the treatments, was interviewed and received his K2 visa this week.  The issue is regarding his medical exam and the initial exam date.  At St. Lukes, they told him that he must enter the USA before the six month deadline which is August 3rd.  I maintain that six months is a deadline just for issuance of the visa  and since he has his visa now, he has up to 6 months to travel here.  The reason for this discussion is that the other child (his younger sister) cannot get through her medical for at least another month and we really want them to travel together.  So the readers digest version of my question is this:

     

    With these facts, 

    1. Original medical exam was February 3rd.

    2. K2 visa was received  on June 27.

     

    Does the child now have a 6 month window to travel to the USA even after August 3rd without another medical exam.

     

    BTW,  This is not regarding the AOS filing,  I am aware that in order to avoid another medical, we must file AOS before the 12 month deadline.

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