K-2 to adjustment
 

This is the second package for adjustment of status that we have sent for my 7 year old stepson. The first package was sent in April of 2005. We did not receive a NOA or any information. Our check was not cashed and it appeared as if this package had gone into oblivion. I called the line over and over again and that was useless. After a consultation with one of my friends who just passed the bar and is now beginning her practice in immigration law, we were advised to resubmit the package again, this time emphasizing the lost original package along with a notice of the stop payment on the original check that was completed in 06. We resubmitted the package in Sept of 06, biometrics was for 1/6/07 and the interview is set for 03/07/07. In my opinion, this is fast.

The ironic thing is that my husband's I-751 was a smooth process. I think that because my stepson is a Jr., the INS must have thought we were sending the same packet again. I know this is weird, either that or they are totally imcompetent on the 800 line. Although, the in office reps seem to be quite helpful when you ask for information.:blink:

Re: K-2 to adjustment
 

*** DING! ***

Right answer. :)

Re: K-2 to adjustment
 

A bit harsh, but if you look on them as contracted telephone answers probably not being paid that much and then expect them to have a detailed knowledge of Immigration Law and Procedures, many of which stump Lawyers being paid 10x plus that, well you will probably be unlucky.

Re: K-2 to adjustment
 

Always remember they are paid to SOUND helpful rather than provide any practical help...

Re: K-2 to adjustment
 

It is just a bit much. I am apprehensive about the process for the N400 for my husband. My timeline for all of this was supposed to be a three year period, whereas it is going to last for over 5 yrs to remove his conditions when or if the GC is granted.:mad:

Re: K-2 to adjustment
 

Not sure that I follow you, dear. When your stepson adjusts status it won't be conditional because your marriage to his father is over the 2 year mark. He will be a PR and once daddy has naturalized and stepson is a PR, he becomes a USC by virtue of daddy's naturalization.

Re: K-2 to adjustment
 

Please note as well that stepson might well need an I-130 as well since there has so much time lapse since his K-2 entry. Did you consult with an immigration attorney just to be 100% sure of the paperwork you need to re/file?

Re: K-2 to adjustment
 

On Wed, 24 Jan 2007 01:49:51 +0000, in alt.visa.us.marriage-based Rete
<[email protected]> wrote:

>
>> It is just a bit much. I am apprehensive about the process for the
>> N400 for my husband. My timeline for all of this was supposed to be a
>> three year period, whereas it is going to last for over 5 yrs to
>> remove his conditions when or if the GC is granted.:mad:
>
>Not sure that I follow you, dear. When your stepson adjusts status it
>won't be conditional because your marriage to his father is over the 2
>year mark. He will be a PR and once daddy has naturalized and stepson
>is a PR, he becomes a USC by virtue of daddy's naturalization.


My darling rete I see you are still a condescending bitch.

Re: K-2 to adjustment
 

I consulted with the telephone line but when researching the adjustment of his status, I made an info pass appointment to ensure that we would not have to do an i-130. He was originally here on an unexpired K-2 and his adjustment paperwork was submitted timely. The original packet went into INS/BCIS hell sometime in 2005-2006. No one has a clue as to what happened and since the check was never cashed, the burden of proof was placed back on us. I had to gather the same information along with new employment information and send the packet again via fed ex to the MSC service center.

His packet was accepted, biometrics were completed and his interview is scheduled for 3-7-07 after the second go round and the notices do not advise that a subsequent I-130 petition would need to be submitted. I will be approaching this situation with the concept that since both my husband and stepson have the same name, I believe the service screwed up big time and either believed the second packet was a duplicate or they just totally ignored the information or it just went into US postal hell.

My husband conditions were removed relatively quickly and this was during the time that the I-485 was processing or should have been processing for my stepson. On the second packet, I made sure that I marked the packet for underage adjuster.

I guess I will make another appointment (infopass) to determine if the adjustment will either pass or we will need to resubmitt another packet for him along with the I-130.

My husband will be submitting his packet for N-400 in July by the way.

Re: K-2 to adjustment
 

Personally IMHO I don't think another Infopass appt is necessary. If it were me, as a safety net, I would complete and I-130 for the son and bring it and all the accompanying documentation required for the I-130 with me to his interview. If at that time the DAO says "but you don't have the I-130 here" you can hand it to him.

Re: K-2 to adjustment
 

That sounds like a plan. I just don't like loose ends.:ohmy: but dealing with them is a loose end

Re: K-2 to adjustment
 

Epitomee - that's great your hubby is applying for Citizenship in July. That's July 2007 - right?

Can you confirm this for me? I could've sword our husbands came to the states on the fiancee visa at around, the very same time. Can you let me know??

Much appreciated.

Re: K-2 to adjustment
 

Mike will be applying if I am correct on or about July 07. He was granted PR in 2004, June 25, 2004 to be exact. We were married Oct 1, 2004. His conditions were removed last year about July. I am not looking at the paperwork right now.

We are leaving to Jamaica in July 07 for two weeks so I think that we don't have to report the time on the N400 if we submitt it before we leave.

Like each phase of this process, I am learning as I go along. I am currently doing all of the research on the N400 as we speak. I think your husband timeline for PR may be a little after my husband?

Re: K-2 to adjustment
 

We were married Oct 31, 2003. See and I worried he would be the one to forget when we got married.:ohmy: :confused:

Re: K-2 to adjustment
 

Epitomee, did you mean married Oct 1, 2003?

Rene

Re: K-2 to adjustment
 

Exactly..having a husband and kids has driven me insane or at the least attacked my memory. We were married on Oct 31, 2003.

As far as the N400 issue, here is the instructions

To use this form you must be ONE of the following:

(1) A Lawful Permanent Resident for at least fiveyears and at least 18 years old;
(2) A Lawful Permanent Resident for at least three years and at least 18 years old,
and
You have been married to and living with the same U.S. citizen for the last three years,

Re: K-2 to adjustment
 

Great - thanks for confirming E!

Indeed, we were married in July 2003 but he got his PR in Oct 2005. My brain is a little rusty as well - thought yours and mine was the same year!

Have fun in JA! We're also going for a visit but in March for the whole month.

Cheers!

Re: K-2 to adjustment
 

Remember he is eligible to file 90 days prior to the third anniversary of his being a PR and as long as the marriage is a full 3 years.

Re: K-2 to adjustment
 

Got ya, we just wanted to ensure that our vacation and other stuff are out of the way before we get immersed in this.

Re: K-2 to adjustment-update yeah...
 

My Step-son has his 10 year green card. Thanks so much to BEXP. On the interview, the officer did state that with my stepson, could have been brought over as an immediate relative. Here is the situation. My step son did not accompany my husband until Jan 05, my husband had already adjusted in June 2004.

I was kind of confused. The officer stated that since we were married, I could have sponsored him and not had to deal with the adjustment process. I thought K-2 needed to adjust, no matter what. Does anyone have any take on this?

Here is the timeline.

Jan 6, 2005 Arrive on K-2 in JFK

Feb 25, 2005 Adjustment package sent

Nov 16, 2006 resent original package with new package

Jan 13, 2007 biometrics

March 7, 2007 interview appointment (no stamp given) reviewed both apps.

April 21, 2007 green card arrives (10 Years)

May 1, 2007 N-400 being sent for husband.:)

Re: K-2 to adjustment-update yeah...
 

Ah! Great! :)

Ian