Tell me what you think

[MarcRosie]

We're sending in all the info for the RFE we got for my wife's I-130 she sent in for her daughter. Said we needed more proof that she was her daughter. Here's the question. I put in a copy of her daughter's K-2 Visa. Some of you may know but our attorney gave us misinformation and said it was OK if she came over for a visit on the K2 and then after she went back to London for study she could come back to America to take the biometrics and such. So wrong as we now know. Do you think it will be construed as a negative that she had the K2 and then used it and is now applying for the I-130? I explained in a letter what had happened so the USCIS officer can understand, but we're just worried that they might say "WHAT!?" you had a K2 and now you're trying for the I-130?" Let me know your thoughts. Thanks!

[dnoblett]

Yes, a copy of the K-2 will show that the consulate was convinced that she is your step-daughter, and yes explain that you had a very stupid lawyer who was unaware that a K-2 is a single use visa, and that because of this your daughter failed to start adjustment of status and failed to file an I-131 and get an AP document in order to return to London.

 

Also add copy of her birth cert showing family relationship, perhaps a couple photo's together even though they don't prove relationship.