Enigma11561

We are preparing for a K-2 interview. Packet 3 received and returned. But when packet 4 arrived it asked us to fill out a DS-156K and a DS-156, which are Fiancee forms not for a K-2 ( deriative of his mother, who is already married). The info they ask is quite confusing for a K-2.

My question is do K-2's need to fill out/present any other paperwork other than the usual police reports, medical, affidavits of support and so forth? Thanks.

Basically my 2009 return would be ok. When I filed my wifes AOS a few months ago I was employed and could also provide pay stubs. Now I lost my job and collecting unemployment. I am also collectin a pension and could file for social security benefits but wonder if they will consider unemployment as income? Adding all this together, I am above the 125% limit.Additionally, I have a 20 yo daughter ( turning 21 in November)who has a fulltime job and is not dependant on me any longer and dropping her from my affidavit ( she was listed before) would only make things more positive. Do the embassys compare new affidavits to priors ones or does each one stand on their own merit?

When my now wife went for her interview, I submitted my affidavit of support and there were no issues. Now, about 5 months later her son is going for his K-2 at the same embassy and I believe I need to submit another affidvait of support? Do K-2 interviews require this? If so, can I use the one I used for his mother, or do it all over. My finances have changed a bit and the "older" one would be better than creating a new one. Any advice is appreciated.uppor

Here is what I have gone through over the last few days. It appears the embassy in Warsaw can no longer find any record for her son, closed the file and sent it back to Washington or wherever. I was told the "son can no longer come to the US". HUH? I was adivised to call the DOS. I did that and they say they have no records on this and to call the NVC. I did that and they say once the visa is closed their is nothing more they can do and they have no record of this file and to call the USCIS. So I called them as well and no help there either.

So I went to visit my local congressman, spoke to a wonderful woman who asked I document everything for her. It's interesting that I show her son on the original 129, and an email from the embassy stating they received her petition and her son and further the letter confirming her interview date with her sons name listed as travelling companion. How the heck can they now say, they did not know about her son? this is crazy!! Additionally the son has one year to get to his interview after his mothers so you would think that this file would remain open for at least one year and closed after the time has elapsed or he goes for his interview.

So my congressman now has a letter explaining everything, all supporting docs I could find and I am hoping he can do something before I have a very serious age out issue on my hands. I am hoping he can convince the embassy they screwed up and get this resolved ASAP. Man, what a mess.

Do any of you feel that an infopass appointment would be of value here or leave it in the hands of the congressman? Would it be over kill or better safe than sorry?

Just to make sure things are not complicated enough...will this ever stop?... an attorney I just spoke with tells me that since I had married his mother, and he was older than 18 , that she is no longer considered a K-1 and therefore her son no longer a K-2 and so even if I applied for an interview, the K-2 process is no longer valid.

All the packet 3 forms, that were sent to the mother, were sent back to the emabassy before her interview this past Jan. Including her sons info. We have no further documents. I assume a "new" packet needs to be requested for the sons interview? I just called the DOS and they said once the records from the embassy are closed and sent back to Washington its over and my only option is to contact the NVC and ask, grovel, beg, them to resend the original application back to Warsaw so they can open a new file. I am trying to call them but dont have a lot of faith in this process.When I called the embassy I spoke to some woman who appeared to research this and then asked to speak to a consular officer but was not able to do so.

When I applied for my original 129, I listed my now wife as the K-1 and her son as the K-2. All went well. All emails and letters from the Warsaw embassy showed both of them on the paperwork. Her son could not attend her interview, but would follow a few months later, because he was in the army and now that he is out I asked the embassy to schedule his interview.

When I called today, I was told the they have closed the file, sent it back to Washington and her son cannot apply nor is eligble for the K-1. They said that they have no record of the son even though I told them I have all their letters showing the son's name. Basically they said too bad.

Even worse, the son will age out shortly, this Novemebr, so I dont even have time to file a new application if I even knew how to do this.

Can anyone give me some solid advice here?

My wife is from Belarus and we went through the same thing. I am not sure just how long the medical exam lasts, but it should be more than enough time for her interview. First question. Did she receive her packet 3? if so then send back the required docs and the embassy in Warsaw will send packet 4 in a few weeks with the actual date which is usually the following month.Once you have the date, you then need to apply for a visa to enter Poland, which can take 10-14 days. Do not apply for this visa until you have an interview date as the Polish embassy will ask for this. Also, dont be surprised if the local authorities call her or pay her visit once they see she has applied for this visa. Belarus is one strange country.

I have since spoken to several immigration lawyers on this. They all say the same thing. The LAW is that k-2's do not age out as long as they are on US soil before they turn 21. They are issued valid visas by a US embassy. AOS is not important in this regard. However....the USCIS, in their infinite wisdom, has chosen to ignore this and repeatly denied AOS if the adjuducation takes place after the child is 21. There are several cases in circuit courts that have reaffirmed the law and had the USCIS reinstate residency. All because of a memo written by some Head honcho at CIS some time ago and it was never rescended. So it is possible to file for status, maybe do an infopass to hurry it up and also possible it may be approved but the general consensus is it will be denied and I will have to go to court.

I can give you links to some of these cases if you are interested.

I married his mother only a short while ago. He was (is) 20. He will be 20 when he arrives. even if I file his AOS before he turns 21, it cannot be approved in time. But I dont think he must return to his home country immediately. I am hearing many stories about when the AOS is denied, if it is, we can still take this to court and many of these cases are ruled in favor of the child.In the interim he remains.

It has to do with finances.The longer I can hold off, without creating a problem, the better. My understanding with aging out is that the law says as long as he is here before 21, no problem. But the USCIS has a different mentality. They want his AOS approved before 21, which cannot happen. So his AOS may be denied and then I am looking at a court procedure.

How soon after arrival to the US does a K-2 have to adjust his status? the boy will turn 21 after only a few weeks here. I know I will be in for a rough time with his AOS ( aging out issue) but do we have some time to file his AOS? Must it be done ASAP? Or does it not matter if a few months go by. I know a K-1 has 90 days to get married but have no idea about a K-2. All help is appreciated. Thanks.

My wife needs to travel back to Belarus to accompany her son to his K-2 interview, which is not yet scheduled. The issue we have is that she needs her AP to do so. It has only been one month since we sent out her application ( along with her AOS and EAD and have recieved back the I-797's)but because her son will age out soon, we need the AP in about another month, and cannot afford to wait for the normal processing times.I think, and would appreciate advice on this, about going for an infopass appointment, but will it make a better case if we did ask for an interview date and bring that with us to the infopass appointment? Any help is welcome. Thanks.

My fiancee, now wife, was issued two sealed brown envelopes at her medical exam in her home country prior to her embassy interview. One was given to the embassy and they, in turn,gave her another one which has handed in upon her entry to the US.We are now married and filing for her AOS.We stll have this second envelope from her original medical exam, but have no idea of its contents, which may or may not have her vaccination records in it, which are required for the I-693 form. So..who gets to open it? The civil surgeon, who then tells us she has had all the necessary vaccinations ( DS-3025) and so we do not need to go thru that process, or tells us that there is nothing there about vaccinations and we start that from scratch....or... someone else along the line.I am a bit afraid of having the wrong person open this sealed envelope.

Lastly. Do you really need to go to a civil surgeon ( there are none in my area) or can any doctor fill in the 693?

Thanks for any help here.

Does my fiancee, traveling from Belarus to Poland require any financial considerations to cross the border for her Warsaw interview? I have been told the Polish government needs for her to show some 100 euro for each day in Poland. Anybody been through this before?

My fiancee just completed her medical, in Belarus. She was given 2 envelopes and was told one was for her embassy interview and one for her arrival in the US. No problem I guess, but I was under the impression that there was only one envelope, which is given to the embassy at the interview and then her medical records and everything else would be put into the embassy's package for presentation to immigration at the POE.

Any one see this before?

That's a relief. The scheduled arrival is 7:40 Pacific time and takeoff is 9:25 - That's an hour & 45 min.

I can't believe they would do the POE formalities with that tight a schedule.

If they had to change planes unloading one and loading the other would likely take 2 hours.

Compared to Emirates, United and Thai (others that I've flown) China Airlines gives precious little info.

She used a Thai travel agent because she had very little time. Their electronic ticket printout had

very sketchy info - just departure/arrival times at BKK & JFK, 2 pc luggage and no mention of Anchorage.

Only after I went to their site and plugged in the flight number did I see Anchorage.

Then all kinds of alarm bells started going off.

Best of luck on Linh's VN trip next month.

If she is only deplaning for a fuel stop and a brief plane cleaning, she will most likely remain near the gate and this would not be considered her POE.

I believe she would arrive at the international arrivals building at JFK, which services a large number of airlines. Expect at least 2 hours, if not more to deplane, immigration, baggage and customes. I met a friend there who was waiting for his fiancee and we were there almost 4 hours before she showed up. So dont get nervous if the wait is a bit longer than you expect. If China Air has there own immigration service, then the wait would be less. This you need to check out exactly what terminal she will be coming into. Wish you the best.

Either party can call the consulate. At the consulate level it is actualy the beneficiary that is applying for the visa based on an approved petition by the petitioner. Typically the visa interview is treated as the beneficiaries responsibility, which is why they send HER packet 3, not you. SHE will go to the interview, you are optional, maybe, many consulates will not even let you in.

That said, NO, my wife never did a thing, made a call or even filled out a form, I did all that and she only signed where I told her to sign. This is a personal matter. either accept it (because it sounds like you are going to have to deal with this) or tell her yourself, or call it off. My guess is she is a younger woman, not raised and educated in the Soviet system. Good luck with that

Actually she is an older woman raised in the Soviet system with a respect for authority figures. And stubborn. She does trust me on many things, but if " the embassy" says something, then that is the final word. As far as the visa is concerned, I did everything up to packet 3 ( where she filled it out, sent it to me for corrections) but now that she is more involved, I dont think this is a case of not believing in what I say to her going forward but a fear of "what if I am wrong" and wants/needs to hear it from the source as this is what she is accustomed to. Hence the phone calls. Unfortunately, she does not understand the process all that well, her questions are a bit ambiguous, and guiding her is like steering the Titanic with a one foot rudder. We will get there, but slowly. More discussions are needed. Patience is a virtue.

And thanks for the advice on calling. I have a good idea now on what direction I want to take.

My fiancee in Belarus is constantly calling the Warsaw embassy with questions. Most of which I can answer. And some of which almost caused us to be rescheduled because the woman answering the phone thought she was so nervous that maybe she needed more time. Unlike others here who cannot wait to get this over with, she is taking her time, crossing the T's and dotting the i"s, but to the point of being absurd.

My question here is who should be making the calls to the US Embassy. The guy who sent in the petition or his fiancee? Personally I have an issue of all her calls, when I can be of more assistance, but when she comes up with a question, off she goes.

Did your fiancee do this?

I am afraid you aren't going visa free to Eu countries Here is a link to visa free or visa on arrival countries

Belarus travel without a visa

That is one small list! Worse than Russia by a long shot.

I am trying to find out what countries a citizen of Belarus can travel to visa free? I am looking at some EU countries such as Germany, France, Holland, etc. Any places where there is a list of some sort?

It seems that those couples who live closer together ( say the US and Canada) typically meet in the others country and come back together. Those who live further apart ( say the US and Ukraine) where those extra round trip tickets can be expensive ( money which could be used for other things)and having to eat into your vacation time typically, with exceptions, seem to be the ones who wait at the POE.

The reason for my post is that I will need to make this decision soon. she would like me to meet her in Kiev, after a 7 hour train ride from Belarus, stay there for only one day and come back to the states together. She is afraid of flying over the ocean, on a 10 hour flight, even though she has been in many planes before. A part of me wants to do this and I imagine some romantic moments on the plane. But the chances are we will both wind up sleeping most of the way. It is a bit boring. On the other hand, I would rather spend the money for tickets on other things she will need when she arrives. And my company restricts the number of days I can take in any given month and I want to spend as much time as possible with her when she lands. Decisions. decisions.

After the interview, I wonder how many of you went back to see your loved one and come home together versus waiting for them at the POE?

I am still a bit confused about this. And does it make a difference in calculating the 125% poverty level? In my case, my one daughter is 20, in college but works fulltime (40 hours a week). She is listed as a dependant on my last years tax return, but on her mothers going forward. I help pay for her school and misc expense such as cell phone and car insurance. My other daughter is 18, is in high school, lives with her mom, and I contribute to her misc expenses as well. She was listed as a dependant as well last year but again not this coming year. Our divorce does not stipulate any specific child support agreements.

My fiancee has a son (K-2 to follow) so if I use a family of 5 ( me, her, her son and my daughters) that would be $32,237. I earn more than that and can show this on my current paystubs, and hope that is all I need to show on the 134.

But if my daughters are considered partially dependant, does that change the numbers and provide more headroom? And if being partial or wholly dependant does not change anything, why do they ask this anyway?

Anybody ever go through this? The NVC sent out the 129 to Warsaw, on Nov 3 which was received Nov5. They only admitted they got it today, Nov 10. But they cannot process anything because they do not have the electronic version, which should have been there before Nov 5. Strange. I called the NVC today and told them about it and was told to wait another week while they check it out.