Official removal of SO's child from petition

[mrbill2449]

I noticed that some people have called the DOS to gain the status of their K1 Visa process. I gave it a shot a few days ago, low and behold, I found why our case has been held up so long from P3 having been returned to the consulate in Guangzhou. I listed my SO's son on the original I-129F. The form said to list a child if he might go along with the SO to the United States upon successful acquistion of a K1 Visa. My SO returned her P3 info on May 2, 2006 and we have been waiting for the P4 to date (August 11, 2006). The DOS told me that the consulate was still waiting on paperwork for SO's son, that I had to write a notarized letter to the consulate officially removing the son from the case since he cannot join his mother at this time. If withing one year, yes, however he will have to wait until he's 16 years old, the father won't release him! Once he is removed from the K1 process, the consulate will proceed.

 

Met online (cherryblossoms.com) 8-11-03, visited China 1st time on 12-21-04, I-129F application NO1 on 2-15-05, NO2 on 1-28-06, visited China 2nd time on 2-9-06. SO receives P3 on 4-27-06. Notarized letter removing son from K1 sent out on 8-11-06.

[LeeFisher3]

Had a similar thing happen, they stopped all processing until they had something in writing from me that the son would not be included in the initial visa application.

 

Be aware that they will move the son to follow-to-join status, not a bad thing, this leaves things open to allow him to follow within the 1 year. Things can and do change and in our case our son had his interview 9 months later. School starts next week and life should be interesting.

 

Keep track of the receipt date for the letter you sent and then call DOS to check the status once or twice a week. It can time to get this checkbox changed in the system. For us it was over 3 weeks.

[chilton747]

I noticed that some people have called the DOS to gain the status of their K1 Visa process.  I gave it a shot a few days ago, low and behold, I found why our case has been held up so long from P3 having been returned to the consulate in Guangzhou.  I listed my SO's son on the original I-129F.  The form said to list a child if he might go along with the SO to the United States upon successful acquistion of a K1 Visa.  My SO returned her P3 info on May 2, 2006 and we have been waiting for the P4 to date (August 11, 2006).  The DOS told me that the consulate was still waiting on paperwork for SO's son, that I had to write a notarized letter to the consulate officially removing the son from the case since he cannot join his mother at this time.  If withing one year, yes, however he will have to wait until he's 16 years old, the father won't release him!  Once he is removed from the K1 process, the consulate will proceed.

 

Met online (cherryblossoms.com) 8-11-03, visited China 1st time on 12-21-04, I-129F application NO1 on 2-15-05, NO2 on 1-28-06, visited China 2nd time on 2-9-06.  SO receives P3 on 4-27-06.  Notarized letter removing son from K1 sent out on 8-11-06.

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When I filed my I-129F I noticed that they wanted information on my SO's children. I called the USCIS and told them that the form did not say to indicate whether the child was coming or not. They told me to attach a letter stating that he was not coming as was the case. I did this but they still kept him on the list. My SO received a call from the GZ visa unit asking her if he was coming. She told them the same thing I told the USCIS in my attached letter that he was in the wardship of his father and could not come. They still have not removed his name when she received her appointment letter. I figure that her son not coming to the interview will finalize the fact that indeed he is not coming. For some reason they do not like to listen when we tell them some things. all we can do is keep telling them I guess. Perhaps they think that one day he might follow and they are keeping him on the list for this reason. Good luck to you. I started my K-1 in April of 05 and my SO has finally received her appointment date of August 28.

[Randy W]

When I filed my I-129F I noticed that they wanted information on my SO's children.  I called the USCIS and told them that the form did not say to indicate whether the child was coming or not.  They told me to attach a letter stating that he was not coming as was the case.  I did this but they still kept him on the list.  My SO received a call from the GZ visa unit asking her if he was coming.  She told them the same thing I told the USCIS in my attached letter that he was in the wardship of his father and could not come.  They still have not removed his name when she received her appointment letter.  I figure that her son not coming to the interview will finalize the fact that indeed he is not coming.  For some reason they do not like to listen when we tell them some things.  all we can do is keep telling them I guess.  Perhaps they think that one day he might follow and they are keeping him on the list for this reason.  Good luck to you.  I started my K-1 in April of 05 and my SO has finally received her appointment date of August 28.

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The follow-to-join expires one year after the original visa was granted. Until that time, they like to keep the option open for you (no matter what you say), and will ask.

 

Having the child simply NOT attend the interview takes care of it at your end. Just make sure that are not holding up the processing of the petition.

 

One of the P3 forms that your SO returns asks "Which of the above will be accompanying you to the US?" Make sure she answers "None" to that question. Even so, the follow-to-join option will be open up to one year after the K-1.

Edited August 12, 2006 by Randy W (see edit history)

[LeeFisher3]

One of the P3 forms that your SO returns asks "Which of the above will be accompanying you to the US?" Make sure she answers "None" to that question. Even so, the follow-to-join option will be open up to one year after the K-1.

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GZ screws this up from time to time, ours said NONE on the DS-230 part 1 and it still took us a bit of time to clear up the question.

[mrbill2449]

Thank you everyone for responding and the great information! Since I paid $20 USD to send one letter to Guangzhou, I'm wondering if they will act on it as vivaciously? Since SO information from her P3 was entered on the computer at the consulate on May 19, how much longer can I expect to wait for the P4 now that the son will be removed from case?

[LeeFisher3]

Thank you everyone for responding and the great information!  Since I paid $20 USD to send one letter to Guangzhou, I'm wondering if they will act on it as vivaciously?  Since SO information from her P3 was entered on the computer at the consulate on May 19, how much longer can I expect to wait for the P4 now that the son will be removed from case?

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Once they receive/process your letter (unknown time frame) you will be in the queue for them to send out a P4. It's unknown how long that will take.