Enabling fiancee's 18 y.o. daughter to visit mom

[stu3800 0]

Hello. I'm new here - and new to the fiancee visa process. I am working on preparing a 129-F for my fiancee to come to the U.S. She has an 18 year old daughter who is studying in Ukraine, and will not be immigrating to the U.S. But of course, her mom and I want her to be able to freely come to the U.S., without having to apply for a tourist visa for each visit. What is the best way to do this? Should I include her on the 129F form - even though she is not immigrating with her mother? She is in a 5 year program at her university, and so will be making infrequent visits to the U.S. Many thanks, and please feel free to email me directly on this question.

[TracyTN 237]

You can list a child on an I 129f petition and go through the process to get her a visa (known as a K2 visa), at least one that is under 21 and married (which it sounds like her daughter is). However, she would not have to travel with her mother, but she WOULD have to come over on the K2 (and adjust status) at least a year after the mother receives the K1 visa. That doesn't sound like it will work in this situation.

Unfortunately, I'd say her only options for visiting would be a visitor's visa. I have no idea how easy/hard those are to obtain from the Ukraine, but as her mother would be living here, they'd likely see her as having immigrant intent and may deny the visa. No harm in trying I guess, but I think you have to be realistic about her chances.

I'm not overly knowledgeable about K2s, though - but that's what I had remembered (and what was re-iterated on the link below). I'm sure someone else here will correct me if I'm wrong.

http://www.visajourney.com/faq/k1k2visa-outline.html

[Malarie 0]

Hello. I'm new here - and new to the fiancee visa process. I am working on preparing a 129-F for my fiancee to come to the U.S. She has an 18 year old daughter who is studying in Ukraine, and will not be immigrating to the U.S. But of course, her mom and I want her to be able to freely come to the U.S., without having to apply for a tourist visa for each visit. What is the best way to do this? Should I include her on the 129F form - even though she is not immigrating with her mother? She is in a 5 year program at her university, and so will be making infrequent visits to the U.S. Many thanks, and please feel free to email me directly on this question.

If the daughter is ever planning on immigrating to the USA serously think about applying for a K2 for her. IMO this would be the easiest way, however, it would not work with the study program she is in. I have no idea how difficult it is for someone from the Ukraine to get a visitor visa - if it is difficult this would be something to think about as well.

Tough decision - Good Luck with whatever route you decide to take!

[Gary and Alla 3,694]

Hello. I'm new here - and new to the fiancee visa process. I am working on preparing a 129-F for my fiancee to come to the U.S. She has an 18 year old daughter who is studying in Ukraine, and will not be immigrating to the U.S. But of course, her mom and I want her to be able to freely come to the U.S., without having to apply for a tourist visa for each visit. What is the best way to do this? Should I include her on the 129F form - even though she is not immigrating with her mother? She is in a 5 year program at her university, and so will be making infrequent visits to the U.S. Many thanks, and please feel free to email me directly on this question.

Our son is a student in Moscow. he came as a K-2 to follow and received his green card during the summer, then went back for school. he will come back in the summer. He is in his 3rd year of a 5 year program. Why not get her a green card and then let her decided? Or after youf fiancee adjusts status she can likely get her a 5 year visitor visa...but your best, cheapest easiest option is to go a K2 route and continue her education there then let her decide where she wants to live and you open lots more opportunities for her

[pushbrk 12,569]

Hello. I'm new here - and new to the fiancee visa process. I am working on preparing a 129-F for my fiancee to come to the U.S. She has an 18 year old daughter who is studying in Ukraine, and will not be immigrating to the U.S. But of course, her mom and I want her to be able to freely come to the U.S., without having to apply for a tourist visa for each visit. What is the best way to do this? Should I include her on the 129F form - even though she is not immigrating with her mother? She is in a 5 year program at her university, and so will be making infrequent visits to the U.S. Many thanks, and please feel free to email me directly on this question.

Our son is a student in Moscow. he came as a K-2 to follow and received his green card during the summer, then went back for school. he will come back in the summer. He is in his 3rd year of a 5 year program. Why not get her a green card and then let her decided? Or after youf fiancee adjusts status she can likely get her a 5 year visitor visa...but your best, cheapest easiest option is to go a K2 route and continue her education there then let her decide where she wants to live and you open lots more opportunities for her

All good, but I wouldn't be setting expectations that a single girl from Ukraine with a mother who is a US LPR is ever going to be granted a visitor visa. It's possible but not very likely. Getting the green card is the best potential solution but it's only temporary unless the daughter eventually decides to live in the USA. As soon as you get the green card, you are subject to "maintaining permanent resident status".

[Brad and Vika 129]

Hello. I'm new here - and new to the fiancee visa process. I am working on preparing a 129-F for my fiancee to come to the U.S. She has an 18 year old daughter who is studying in Ukraine, and will not be immigrating to the U.S. But of course, her mom and I want her to be able to freely come to the U.S., without having to apply for a tourist visa for each visit. What is the best way to do this? Should I include her on the 129F form - even though she is not immigrating with her mother? She is in a 5 year program at her university, and so will be making infrequent visits to the U.S. Many thanks, and please feel free to email me directly on this question.

Our son is a student in Moscow. he came as a K-2 to follow and received his green card during the summer, then went back for school. he will come back in the summer. He is in his 3rd year of a 5 year program. Why not get her a green card and then let her decided? Or after youf fiancee adjusts status she can likely get her a 5 year visitor visa...but your best, cheapest easiest option is to go a K2 route and continue her education there then let her decide where she wants to live and you open lots more opportunities for her

All good, but I wouldn't be setting expectations that a single girl from Ukraine with a mother who is a US LPR is ever going to be granted a visitor visa. It's possible but not very likely. Getting the green card is the best potential solution but it's only temporary unless the daughter eventually decides to live in the USA. As soon as you get the green card, you are subject to "maintaining permanent resident status".

Agreed - then the only problem will be maintaining enough time on US soil (very little) to stay in-status right? Some one post up the number of times per year required?

[Gary and Alla 3,694]

Hello. I'm new here - and new to the fiancee visa process. I am working on preparing a 129-F for my fiancee to come to the U.S. She has an 18 year old daughter who is studying in Ukraine, and will not be immigrating to the U.S. But of course, her mom and I want her to be able to freely come to the U.S., without having to apply for a tourist visa for each visit. What is the best way to do this? Should I include her on the 129F form - even though she is not immigrating with her mother? She is in a 5 year program at her university, and so will be making infrequent visits to the U.S. Many thanks, and please feel free to email me directly on this question.

Our son is a student in Moscow. he came as a K-2 to follow and received his green card during the summer, then went back for school. he will come back in the summer. He is in his 3rd year of a 5 year program. Why not get her a green card and then let her decided? Or after youf fiancee adjusts status she can likely get her a 5 year visitor visa...but your best, cheapest easiest option is to go a K2 route and continue her education there then let her decide where she wants to live and you open lots more opportunities for her

All good, but I wouldn't be setting expectations that a single girl from Ukraine with a mother who is a US LPR is ever going to be granted a visitor visa. It's possible but not very likely. Getting the green card is the best potential solution but it's only temporary unless the daughter eventually decides to live in the USA. As soon as you get the green card, you are subject to "maintaining permanent resident status".

True. We covered that with USCIS. As long as he (or she) is a student, there is no problem getting him (or her) an AP at the local office. We did that this year and then ended up with the green card anyway, but he still has an AP valid until next July. He can be out of the country for education purposes. After he (or she in the OPs case) finishes school, yes, they need to make a decision. But it does give them the opportunity to experience both places and make up their mind later. As far as a visitor visa goes, her chances will be better with an LPR mother...but still Kiev is difficult about these.

[Gary and Alla 3,694]

Hello. I'm new here - and new to the fiancee visa process. I am working on preparing a 129-F for my fiancee to come to the U.S. She has an 18 year old daughter who is studying in Ukraine, and will not be immigrating to the U.S. But of course, her mom and I want her to be able to freely come to the U.S., without having to apply for a tourist visa for each visit. What is the best way to do this? Should I include her on the 129F form - even though she is not immigrating with her mother? She is in a 5 year program at her university, and so will be making infrequent visits to the U.S. Many thanks, and please feel free to email me directly on this question.

Our son is a student in Moscow. he came as a K-2 to follow and received his green card during the summer, then went back for school. he will come back in the summer. He is in his 3rd year of a 5 year program. Why not get her a green card and then let her decided? Or after youf fiancee adjusts status she can likely get her a 5 year visitor visa...but your best, cheapest easiest option is to go a K2 route and continue her education there then let her decide where she wants to live and you open lots more opportunities for her

All good, but I wouldn't be setting expectations that a single girl from Ukraine with a mother who is a US LPR is ever going to be granted a visitor visa. It's possible but not very likely. Getting the green card is the best potential solution but it's only temporary unless the daughter eventually decides to live in the USA. As soon as you get the green card, you are subject to "maintaining permanent resident status".

Agreed - then the only problem will be maintaining enough time on US soil (very little) to stay in-status right? Some one post up the number of times per year required?

They do make allowances for foreign students. It WILL affect his time frame for getting an unconditional card or citizenship, but if he ( or she) ultimately decides to stay here, that is a minor detail (except Sergey says if he chooses to live here he wants to go back to Ukraine to find a wife! LOL)

[Gary and Alla 3,694]

Forgot to mention a couple of things...

YES, you list ALL children of your foreign fiancee on the I-129f whether they are planning to come or not.

And her daughter can receive a K-2 visa for up to one year after her mother's visa is issued and then has up to 6 months to enter the US, Scheduling a K-2 to follow interview is very easy, the petition is already approved. You use the same consulate case number and just call to schedule an interview when you are ready. With 18 months to play with, you can easily work it around her school schedule. Call it a "visit" if you want, just file the AOS for her and she will have the option of remaining a permanent resident or not. It is SO much easier than a visitor visa!

[Brad and Vika 129]

Forgot to mention a couple of things...

YES, you list ALL children of your foreign fiancee on the I-129f whether they are planning to come or not.

And her daughter can receive a K-2 visa for up to one year after her mother's visa is issued and then has up to 6 months to enter the US, Scheduling a K-2 to follow interview is very easy, the petition is already approved. You use the same consulate case number and just call to schedule an interview when you are ready. With 18 months to play with, you can easily work it around her school schedule. Call it a "visit" if you want, just file the AOS for her and she will have the option of remaining a permanent resident or not. It is SO much easier than a visitor visa!

And isn't there a requirement that they come back once per year or something to stay in-status?

[pushbrk 12,569]

Forgot to mention a couple of things...

YES, you list ALL children of your foreign fiancee on the I-129f whether they are planning to come or not.

And her daughter can receive a K-2 visa for up to one year after her mother's visa is issued and then has up to 6 months to enter the US, Scheduling a K-2 to follow interview is very easy, the petition is already approved. You use the same consulate case number and just call to schedule an interview when you are ready. With 18 months to play with, you can easily work it around her school schedule. Call it a "visit" if you want, just file the AOS for her and she will have the option of remaining a permanent resident or not. It is SO much easier than a visitor visa!

And isn't there a requirement that they come back once per year or something to stay in-status?

Allowances are made for students but it's not as simple as coming back once a year. Google "maintaining permanent resident status".

[stu3800 0]

All - I just wanted to say a big "THANK YOU" for your responses. What a great group, to provide your knowledge and insights to this K-1 novice. Yes, I do want to ensure I understand the timeline and requirements: from the 90-day fiancee period, to green card, what % of time Marina (fiancee) needs to be in the U.S., restrictions on her travel to Ukraine, what her daughter will need to do to get her K-2. And then....communicate all of this to Marina! Lots to learn... Again, thanks to each of you.

Edited October 24, 2009 by stu3800

[Brad and Vika 129]

All - I just wanted to say a big "THANK YOU" for your responses. What a great group, to provide your knowledge and insights to this K-1 novice. Yes, I do want to ensure I understand the timeline and requirements: from the 90-day fiancee period, to green card, what % of time Marina (fiancee) needs to be in the U.S., restrictions on her travel to Ukraine, what her daughter will need to do to get her K-2. And then....communicate all of this to Marina! Lots to learn... Again, thanks to each of you.

Our pleasure, stay in touch!

[Neonred 3,518]

We had the same exact situation. My wife's daughter was turning 18 right after my wife (then fiance) received her K-1. The daughter got the K-2 and came for a few months after her mother arrived but returned to attend university. The following year she wanted to come and visit and work so she applied for a J-1 visa and was denied on the basis that her mother was here as a LPR, and it seemed likely that a visitors visa would also be denied. That was two years ago but this year she applied again for a visitors visa and received a 2 year visa. I should have had her stay long enough initially to file AOS.