K2 Visas for child left behind...

[chuckb 0]

My wife and children came to the US on K1 and K2 visas three years ago. They have all the papers in order, and are Permanent Residents with the Conditional Status removed. The problem is that there is another child (under 18) that stayed behind. She did not get a K2 Visa because at the time she wished to stay behind. She was listed on the original paperwork, and the Officer at both interviews made a big deal about ensuring she was acknowledged as my wifes child.

Now she wants to come here and live. How do we go about it?

None of the information I've reviewed really covers this situation. Anything close to it is conflicting...

Anyone out there with any experience in this area?

Chuck B.

[rin and john 71]

My wife and children came to the US on K1 and K2 visas three years ago. They have all the papers in order, and are Permanent Residents with the Conditional Status removed. The problem is that there is another child (under 18) that stayed behind. She did not get a K2 Visa because at the time she wished to stay behind. She was listed on the original paperwork, and the Officer at both interviews made a big deal about ensuring she was acknowledged as my wifes child.

Now she wants to come here and live. How do we go about it?

None of the information I've reviewed really covers this situation. Anything close to it is conflicting...

Anyone out there with any experience in this area?

Chuck B.

The K2 is derivative status from the K1. I would doubt the DHS would allow her to enter the US with it after 3 years (the K1/K2 visa has a 6 month validity from issuance). Even the "follow to join" for a K2 or K4 has to occur within 12 months of the K1/K3 it is derived from.

The process now would be to file a I-130 (petition for relative - check the forum on bringing relatives of US citizens). You can file it as the US citizen as they do not differentiate between a natural child or stepchild when filing.

John

[sunandmoon 450]

My wife and children came to the US on K1 and K2 visas three years ago. They have all the papers in order, and are Permanent Residents with the Conditional Status removed. The problem is that there is another child (under 18) that stayed behind. She did not get a K2 Visa because at the time she wished to stay behind. She was listed on the original paperwork, and the Officer at both interviews made a big deal about ensuring she was acknowledged as my wifes child.

Now she wants to come here and live. How do we go about it?

None of the information I've reviewed really covers this situation. Anything close to it is conflicting...

Anyone out there with any experience in this area?

Chuck B.

The K2 is derivative status from the K1. I would doubt the DHS would allow her to enter the US with it after 3 years (the K1/K2 visa has a 6 month validity from issuance). Even the "follow to join" for a K2 or K4 has to occur within 12 months of the K1/K3 it is derived from.

The process now would be to file a I-130 (petition for relative - check the forum on bringing relatives of US citizens). You can file it as the US citizen as they do not differentiate between a natural child or stepchild when filing.

John

yap K-2 is no longer an option. need to file an I-130.

[chuckb 0]

The K2 is derivative status from the K1. I would doubt the DHS would allow her to enter the US with it after 3 years (the K1/K2 visa has a 6 month validity from issuance). Even the "follow to join" for a K2 or K4 has to occur within 12 months of the K1/K3 it is derived from.

The process now would be to file a I-130 (petition for relative - check the forum on bringing relatives of US citizens). You can file it as the US citizen as they do not differentiate between a natural child or stepchild when filing.

John

yap K-2 is no longer an option. need to file an I-130.

That's about what I thought. Ain't it fun dealing with Immigration? Actually, it looks like less paperwork than the K1!

Gotta look on the bright side...

Thanks so much

[pushbrk 12,879]

That's about what I thought. Ain't it fun dealing with Immigration? Actually, it looks like less paperwork than the K1!

Gotta look on the bright side...

Thanks so much

Yes, you file the I-130 for an IR2 visa for your step-child. She'll receive a 10 year green card shortly after arrival.