k2 visa for daughther and how to bring her in

[sanfranguy 0]

my fiancee wants to leave her daughter in mexico for 2 months but the problem is that once we file for the a.p it wouldnt come that soon. if her daughters has a passport will she be able to enter the u.s if i go get her myself? were going to take her to the interview and fill out her own packet and so on. we just want to make sure if i can bring her with me since she does not want to wait for the advance parole . we will be going through the consulate in juarez mexico btw.

[Gaby&Talbert 1]

my fiancee wants to leave her daughter in mexico for 2 months but the problem is that once we file for the a.p it wouldnt come that soon. if her daughters has a passport will she be able to enter the u.s if i go get her myself? were going to take her to the interview and fill out her own packet and so on. we just want to make sure if i can bring her with me since she does not want to wait for the advance parole . we will be going through the consulate in juarez mexico btw.

You should have filed for her at the saem time as your fiancee. She cannot come in to the US with only her passport, she has to have a Visa. It will take at best 90 days to get AP for your fiance after you are married. What part of Mexico does your fiancee live?

[PattyS_Husband 0]

my fiancee wants to leave her daughter in mexico for 2 months but the problem is that once we file for the a.p it wouldnt come that soon. if her daughters has a passport will she be able to enter the u.s if i go get her myself? were going to take her to the interview and fill out her own packet and so on. we just want to make sure if i can bring her with me since she does not want to wait for the advance parole . we will be going through the consulate in juarez mexico btw.

You should have filed for her at the saem time as your fiancee. She cannot come in to the US with only her passport, she has to have a Visa. It will take at best 90 days to get AP for your fiance after you are married. What part of Mexico does your fiancee live?

Sorry, but what is AP? Thanks.

[payxibka 10,045]

Advance Parole

[Eric-Pris 1,606]

Advance Parole- a document that allows the beneficiary to re-enter the U.S. while waiting for your AOS to be approved.

Without this document, once the k-1 beneficiary leaves the US, they will not be let back in.

Edited April 16, 2008 by kid brooklyn

[pushbrk 12,898]

my fiancee wants to leave her daughter in mexico for 2 months but the problem is that once we file for the a.p it wouldnt come that soon. if her daughters has a passport will she be able to enter the u.s if i go get her myself? were going to take her to the interview and fill out her own packet and so on. we just want to make sure if i can bring her with me since she does not want to wait for the advance parole . we will be going through the consulate in juarez mexico btw.

A passport with a valid K2 visa in it along with the appropriate documentation giving parental permission for the Child to travel abroad with you, will do the trick. You'll need to check on what is sufficient parental permission for the Mexican authorities to allow her to leave. Getting into the US won't be a problem. I'd carry a marriage certificate and the child's birth certificate too.

Alternatively, you could file for emergency AP at a local USCIS office.

[Eric-Pris 1,606]

my fiancee wants to leave her daughter in mexico for 2 months but the problem is that once we file for the a.p it wouldnt come that soon. if her daughters has a passport will she be able to enter the u.s if i go get her myself? were going to take her to the interview and fill out her own packet and so on. we just want to make sure if i can bring her with me since she does not want to wait for the advance parole . we will be going through the consulate in juarez mexico btw.

2 months won't be enough. You gotta plan on at least 3 months, but it could be 6+ months, depending on the AP arrival. You have up to one year to do it. Your fiancee should tell the embassy that she will return for the child (within 1 year) so they should keep the case "open".

First, the mother will have to go to another visa interview with the child (k-2 visa). The child must go thru the medical/vaccinations prior to the interview also. The same procedure as your finacee went through.

Secondly, due to recent legislation in many countries to prevent human trafficking, some now require at least 1 biological parent to be present when the child is travelling outside the country. And the other biological parent must usually sign some type of "Permiso de Salida" document authorizing the mother to take the child out of the country. You would need to check with the embassy in Mexico for specific laws there. But they would probably not allow a "stranger" to take a child outside of Mexico even if he has written permission from the parents. Until you marry the mother and become step-dad, you are really a stranger to the child.

Edited April 16, 2008 by kid brooklyn

[payxibka 10,045]

Alternatively, you could file for emergency AP at a local USCIS office.

I do not know the criteria for emergency AP but this situation may or may not be one

[pushbrk 12,898]

Alternatively, you could file for emergency AP at a local USCIS office.

I do not know the criteria for emergency AP but this situation may or may not be one

It's up to the adjudicator but I've seen it granted for no more reason that to allow the wife to accompany the husband on an international business trip with a visit to the home country on the return leg.

I'm of the impression that in this context, an "emergency" is any issue that would require expedited processing. The caveat is that when AP is applied for separate from AOS, you do pay the fee.

[pushbrk 12,898]

my fiancee wants to leave her daughter in mexico for 2 months but the problem is that once we file for the a.p it wouldnt come that soon. if her daughters has a passport will she be able to enter the u.s if i go get her myself? were going to take her to the interview and fill out her own packet and so on. we just want to make sure if i can bring her with me since she does not want to wait for the advance parole . we will be going through the consulate in juarez mexico btw.

2 months won't be enough. You gotta plan on at least 3 months, but it could be 6+ months, depending on the AP arrival. You have up to one year to do it. Your fiancee should tell the embassy that she will return for the child (within 1 year) so they should keep the case "open".

First, the mother will have to go to another visa interview with the child (k-2 visa). The child must go thru the medical/vaccinations prior to the interview also. The same procedure as your finacee went through.

Secondly, due to recent legislation in many countries to prevent human trafficking, some now require at least 1 biological parent to be present when the child is travelling outside the country. And the other biological parent must usually sign some type of "Permiso de Salida" document authorizing the mother to take the child out of the country. You would need to check with the embassy in Mexico for specific laws there. But they would probably not allow a "stranger" to take a child outside of Mexico even if he has written permission from the parents. Until you marry the mother and become step-dad, you are really a stranger to the child.

I got the impression the marriage would occur before the trip to get the child.

The two visas can be issued at the same time. The child then has up to six months to enter the US.

Of course, they need to get the information from the Mexican authorities about what would be needed for the USC step-father to leave the country with the child before firming their plans.

I agree the "boyfriend" is unlikely to be permitted to accomplish this task.

[PattyS_Husband 0]

Advance Parole

Thanks.

[Eric-Pris 1,606]

I got the impression the marriage would occur before the trip to get the child.

The two visas can be issued at the same time. The child then has up to six months to enter the US.

Of course, they need to get the information from the Mexican authorities about what would be needed for the USC step-father to leave the country with the child before firming their plans.

I agree the "boyfriend" is unlikely to be permitted to accomplish this task.

I didn't even notice that this was originally asked in January. They already got their visa. Oh well, maybe it will help somebody else.

[payxibka 10,045]

Alternatively, you could file for emergency AP at a local USCIS office.

I do not know the criteria for emergency AP but this situation may or may not be one

It's up to the adjudicator but I've seen it granted for no more reason that to allow the wife to accompany the husband on an international business trip with a visit to the home country on the return leg.

I'm of the impression that in this context, an "emergency" is any issue that would require expedited processing. The caveat is that when AP is applied for separate from AOS, you do pay the fee.

Yes, but the OP (lacking the I-485 submission) has no "status" or for that matter "applied for" staus and therefore no basis to be paroled.