Randy W

Huh?? A K-2 fiance(e) dependent is the child of the K-1 fiance. Has a USC ever dumped his fiance in favor of the K-2 child??

Interesting - it sounds like the USCIS (then BCIS) is claiming that they had no part in the whole thing:

But he's already pretty well along on his CR-1, which hopefully will do better than his K-3.

My impression is that, one year after the visa expiration, she would have accrued enough "illegal presence" to where it might damage her ability to get another visa, should she leave the country. She could be removed. although I believe she would be beneath their radar. Once the visa expires, you are relying on the good will of an IO (immigrations officer) to adjust status. This is normally no problem, provided you make a reasonable effort to do so. The USCIS is not bound by any law here. If she is turned down for the green card, you can always argue your case (and likely win) in immigration court. The best advice you can get is to mail in the application. Anything beyond 6 months is stretching it, anything beyond a year is completely unreasonable.

I believe the answer there is a resounding "No" to both. Two articles were linked to earlier (I believe by Lance) in which a court awarded money to a divorced beneficiary based on the I-864, but my impression there was that the USC simply needed (and didn't have) a good lawyer. These were cases of spouse vs. spouse, not USG vs. sponsor. I haven't heard of the USG actually trying to be reimbursed for "means-tested benefits", but of course, that doesn't mean it hasn't happened.

Don't confuse a legal marriage with what GUZ considers a bona fide marriage. A marriage can be completely legal and legitimate, but if the VO feels that it was entered into for fraudulent purposes (e.g., to secure a visa to the US for the beneficiary and/or for monetary gain for the petitioner), the visa will be denied. That is where the "relationship evidence" is necessary, to prove that it's not simply a business proposition.

the fee is $100 non-refundable, plus a trip to the consulate

Another "service improvement", I'm sure

Agree 100%. The best reference I can give you is this person. She is the best I know of and I can not stress enough the importance of contacting someone. You really should go into this as best prepared as you can. At the minimum, set up a phone conference with her and get some real answers from someone that knows. http://visacentral.net/ Again, do not let her leave the USA. http://immigrate2us.net/forum/showthread.php?t=6104 Read this thread: http://immigrate2us.net/forum/showthread.php?t=5341

Yes - he is considered your 'son' for immigration purposes. You may file the I-130 and when he immigrates to the US, he will receive a green card shortly after entry.

Agree 100%. The best reference I can give you is this person. She is the best I know of and I can not stress enough the importance of contacting someone. You really should go into this as best prepared as you can. At the minimum, set up a phone conference with her and get some real answers from someone that knows. http://visacentral.net/ Again, do not let her leave the USA. http://immigrate2us.net/forum/showthread.php?t=6104 What I'm saying here is that you would have a better chance in the court system here than at the Guangzhou consulate. They have been known to sit on a case like this and not do anything. If this happens, you have no recourse. But, good luck - I hope it works for you.

If you haven't already, find a lawyer who will talk with you about Immigration Court. There's a lot that an immigration judge can forgive that the USCIS wouldn't touch, and he can order an AOS. I saw a lady in front of us win an AOS, rather than deportation, after a long overstay. My picture of the way this would work is that she would apply for AOS, be denied, and then removal proceedings begun in Immigration Court. But, talk to a lawyer. K-visa people have been known to adjust status with no spouse, or with a long overstay in this way. Most lawyers (and judges, unfortunately) will simply parrot the USCIS policies. Some will actually read the law. In Guangzhou, you'll get no sympathy and have no recourse.

If you want to talk to someone about the I-601 then talk to cfl member dcwfn. Do a search on topics posted by dcwfn. He is the only one I've seen here who had to deal with the I-601 and getting his wife back to the states from China. It took him a long time but he finally got his wife back to the states. I think you can gain alot from him and I'm sure he will be more than happy to help. Send a PM to him. -good luck Above all, DO NOT let your wife leave the country before you figure out what your options are.

Nope - you got it right - but look at his visa. It expires in 6 months. What they say is true IF you wait for 6 months or longer AFTER the K-1 to get the K-2 visa.

Who told you that and why? It's generally a bad idea to have your wife leave the country if she doesn't have a way back in (either AP or green card). Have you filed an I-130 for her?

Close - the K1 must enter within 6 months of the date of issue of the visa. The K-2 visa may be issued up to 1 year after the K-1. It must also be used within 6 months of the date of issue of the K-2. The K-2 visa must be used within 1 year of the K-1's date of entry. They got them the same day She has 6 mos and he has one year? No - they each have 6 months fron the date of issue, which is the same day here.

Close - the K1 must enter within 6 months of the date of issue of the visa. The K-2 visa may be issued up to 1 year after the K-1. It must also be used within 6 months of the date of issue of the K-2. The K-2 visa must be used within 1 year of the K-1's date of entry.

K-1 and CR-1 go through the country where the beneficiary resides - China (Guangzhou), in most cases here, although a Hong Kong citizen would go through Hong Kong. K-3 visa interviews take place where the marriage occurred - whether China, or Hong Kong.

Congrats, Ty! It's about time!

While we were there, a lady got a call on her cell phone and they made her take it out to her car. If they see it (on or off), they will make her take it out to the car. If it's off, and in her purse, I'm sure they won't notice.

Yes - but do they have V-8's and rear wheel drive?

Apparently so. My bank does that with the mortgage payments.

no

Come on in and sit a spell! They forward the petitions to wherever they feel will spread the load. Eventually, after it gets approved, it will be forwarded to the NVC (Dept. of State). Hopefully, you've just recently submitted it.

When you get a blue slip, they will tell you on it what to do. Any evidence missing is simply submitted at that time, either in person or by mail, depending on what the slip says. It is not a second interview. The downside to rescheduling is that you will need to wait for whatever time they reschedule you for - it can be 2 months or longer. Email or regular mail are the best ways to contact the consulate. Inform them that you will not be able to make the scheduled appointment, and ask them to re-schedule for the earliest available date.