K-2?

[James Lipscomb 0]

I am looking for verification that my thinking is correct.

Situation Description. My fiance, a Russian citizen and I plan to marry here. My fiance has a 6 year old minor child who she prefers to leave with her parents until we are married, so that we can take a honeymoon and the child will not be left with people for whom he is unfamiliar in an unfamiliar land. Once her K-1 is granted, my fiance will travel here for two weeks, we will marry quickly upon her arrival and take a honeymoon. These, I believe are what we need to do.

I need to file for a I-129F, petition to sponsor a fiance, and if approved it will be sent to the National Visa Center, who will in turn send it to the embassy consulate closest to my fiance (Moscow) and she will be scheduled for an interview to obtain a K-1. A derivitive status K-2 for the child and an advanced parole should also be sought, so that my wife can return to Russia, and accompany her child back here. Do I use a separate I-129F for the minor child to do this?

Once married an I-485 adjustment of status should be conducted by my wife and an I-824 for the child.

The child is too young, in our opinion, to travel alone. We think it is critically important that my fiance return in order to accompany the child. It is not clear to me if the Advance parole is obtained in conjunction with the K-1 process. The I-485 should allow her to travel freely back to Russia to get her child, but this cannot be applied for until we are married and it is my understanding it permanent status takes some time.

Does this sound correct?

[payxibka 10,047]

I am looking for verification that my thinking is correct.

Situation Description. My fiance, a Russian citizen and I plan to marry here. My fiance has a 6 year old minor child who she prefers to leave with her parents until we are married, so that we can take a honeymoon and the child will not be left with people for whom he is unfamiliar in an unfamiliar land. Once her K-1 is granted, my fiance will travel here for two weeks, we will marry quickly upon her arrival and take a honeymoon. These, I believe are what we need to do.

I need to file for a I-129F, petition to sponsor a fiance, and if approved it will be sent to the National Visa Center, who will in turn send it to the embassy consulate closest to my fiance (Moscow) and she will be scheduled for an interview to obtain a K-1. A derivitive status K-2 for the child and an advanced parole should also be sought, so that my wife can return to Russia, and accompany her child back here. Do I use a separate I-129F for the minor child to do this?

Once married an I-485 adjustment of status should be conducted by my wife and an I-824 for the child.

The child is too young, in our opinion, to travel alone. We think it is critically important that my fiance return in order to accompany the child. It is not clear to me if the Advance parole is obtained in conjunction with the K-1 process. The I-485 should allow her to travel freely back to Russia to get her child, but this cannot be applied for until we are married and it is my understanding it permanent status takes some time.

Does this sound correct?

Mostly....

Honeymoon needs to occur inside the USA if Advance Parole (I-131) or Greencard (I-485) has not been applied for AND approved..

K-2 for the child will be issued based on the approved I-129F/K-1 visa for the mother... No advance parole. Only one I-129F for the fiance(e). K-2 has 1 year follow-to-join benefit from the date of the K-1 issuance.

I-485 for your spouse after marriage and an I-485 for the K-2 after the child arrives in the USA

The approved I-485 which results in a greencard allows freedom to work and travel. In the interim an I-765 and I-131 can be submitted if work/travel is needed before greencard.

[Dakine 26]

If moms get her green card the child loses the right to follow.

MUCH better for moms to bring the child with her.

Doing it distance is a ######.

[payxibka 10,047]

If moms get her green card the child loses the right to follow.

First I have heard of this... Where is this posted? It is very important to back up claims with authoritative citations.

I read very differently...

N12 Child of Alien K-1 Fiance(e)

USCIS and the Department have agreed that the child of a K-1 principal alien may be accorded K-2 status if following to join the principal alien in the United States even after the principal alien has married the American citizen fiance(e), and acquired lawful permanent resident status. However, the cutoff date for issuance of a K-2 visa is one year from the date of the issuance of the K-1 visa to the principal alien. After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required.

http://travel.state.gov/visa/laws/telegram...grams_1437.html

Edited July 10, 2008 by fwaguy

[Dakine 26]

If moms get her green card the child loses the right to follow.

First I have heard of this... Where is this posted? It is very important to back up claims with authoritative citations.

I read very differently...

N12 Child of Alien K-1 Fiance(e)

USCIS and the Department have agreed that the child of a K-1 principal alien may be accorded K-2 status if following to join the principal alien in the United States even after the principal alien has married the American citizen fiance(e), and acquired lawful permanent resident status. However, the cutoff date for issuance of a K-2 visa is one year from the date of the issuance of the K-1 visa to the principal alien. After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required.

http://travel.state.gov/visa/laws/telegram...grams_1437.html

Still looking but looks like I blew it!! Thanks for the correction !

[sunandmoon 450]

If moms get her green card the child loses the right to follow.

MUCH better for moms to bring the child with her.

Doing it distance is a ######.

I believe that applys to K-4.

[Dakine 26]

If moms get her green card the child loses the right to follow.

First I have heard of this... Where is this posted? It is very important to back up claims with authoritative citations.

I read very differently...

N12 Child of Alien K-1 Fiance(e)

USCIS and the Department have agreed that the child of a K-1 principal alien may be accorded K-2 status if following to join the principal alien in the United States even after the principal alien has married the American citizen fiance(e), and acquired lawful permanent resident status. However, the cutoff date for issuance of a K-2 visa is one year from the date of the issuance of the K-1 visa to the principal alien. After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required.

http://travel.state.gov/visa/laws/telegram...grams_1437.html

Still looking but looks like I blew it!! Thanks for the correction !

Thanks Roy and yasi!

I knew I saw it somewhere.

Wasn't K2 but K4. Strange they are different!

http://travel.state.gov/visa/immigrants/ty...993.html#adjust

How does a K-4 child adjust status in the United States?

The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

Edited July 10, 2008 by Haole

[victor+natasha 0]

Here is what you have to do if your fiancee wants to travel to US to marry you without her child. Once you get married in US you can file I-485 and you have to file I-131 for her to travel outside US prior to her I-485 approval. As long as she comes back to Russia within one year she can get a K-2 issued for the child and travel back to US. That is the trick K-2 visa can only be issued within one year of K-1 issuance. Good Luck.

[sunandmoon 450]

Here is what you have to do if your fiancee wants to travel to US to marry you without her child. Once you get married in US you can file I-485 and you have to file I-131 for her to travel outside US prior to her I-485 approval. As long as she comes back to Russia within one year she can get a K-2 issued for the child and travel back to US. That is the trick K-2 visa can only be issued within one year of K-1 issuance. Good Luck.

allow for time to schedule the interview. the visa has to be actually issued within one year of the date the K-1 was issued, I agree with Haole, much easier to bring the child with the mom. you can never replace the time lost while separated.

one thing you hear people mention, one of the hardest parts of the process is having to be separated from their fiance. can only imagine how hard it will be for a mom to be separated from their child. guess people will decide what they feel is best for their situation

[payxibka 10,047]

Thanks Roy and yasi!

I knew I saw it somewhere.

Wasn't K2 but K4. Strange they are different!

http://travel.state.gov/visa/immigrants/ty...993.html#adjust

How does a K-4 child adjust status in the United States?

The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

You cannot accrue unlawful presence if you are not inside the USA... I am not sure the above is referring to one's ability to use follow-to-join benefit

[pushbrk 13,033]

Thanks Roy and yasi!

I knew I saw it somewhere.

Wasn't K2 but K4. Strange they are different!

http://travel.state.gov/visa/immigrants/ty...993.html#adjust

How does a K-4 child adjust status in the United States?

The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

You cannot accrue unlawful presence if you are not inside the USA... I am not sure the above is referring to one's ability to use follow-to-join benefit

It's not. It's referring to a series of ifs including the USC failing to file an I-130 for their step-child.

[pushbrk 13,033]

Here is what you have to do if your fiancee wants to travel to US to marry you without her child. Once you get married in US you can file I-485 and you have to file I-131 for her to travel outside US prior to her I-485 approval. As long as she comes back to Russia within one year she can get a K-2 issued for the child and travel back to US. That is the trick K-2 visa can only be issued within one year of K-1 issuance. Good Luck.

allow for time to schedule the interview. the visa has to be actually issued within one year of the date the K-1 was issued, I agree with Haole, much easier to bring the child with the mom. you can never replace the time lost while separated.

one thing you hear people mention, one of the hardest parts of the process is having to be separated from their fiance. can only imagine how hard it will be for a mom to be separated from their child. guess people will decide what they feel is best for their situation

The problem that has not been directly addressed is that the combination of marriage, honeymoon and granting advance parole must occur before the mother successfully travel back to Russia and re-enter the USA with the child.

It souncs like the OP wants this to happen quickly, and unless they separately apply for emergency advance parole, it's going to take a minimum of 60 days after filing.

No I-824 will be needed. That's a USCIS form. The petition will already be in the hands of the Consulate. You can choose to obtain the child's visa at the same time as the mother but that locks the child into a six month window to follow. The other option is follow to join where the visa is granted later but mom would probably need to go to the Consulate with her son to get the visa. You simply notify the Consulate the child is ready to follow and set a date to go to the Consulate.

[dvddvd 0]

I am looking for verification that my thinking is correct.

Situation Description. My fiance, a Russian citizen and I plan to marry here. My fiance has a 6 year old minor child who she prefers to leave with her parents until we are married, so that we can take a honeymoon and the child will not be left with people for whom he is unfamiliar in an unfamiliar land. Once her K-1 is granted, my fiance will travel here for two weeks, we will marry quickly upon her arrival and take a honeymoon. These, I believe are what we need to do.

I need to file for a I-129F, petition to sponsor a fiance, and if approved it will be sent to the National Visa Center, who will in turn send it to the embassy consulate closest to my fiance (Moscow) and she will be scheduled for an interview to obtain a K-1. A derivitive status K-2 for the child and an advanced parole should also be sought, so that my wife can return to Russia, and accompany her child back here. Do I use a separate I-129F for the minor child to do this?

Once married an I-485 adjustment of status should be conducted by my wife and an I-824 for the child.

The child is too young, in our opinion, to travel alone. We think it is critically important that my fiance return in order to accompany the child. It is not clear to me if the Advance parole is obtained in conjunction with the K-1 process. The I-485 should allow her to travel freely back to Russia to get her child, but this cannot be applied for until we are married and it is my understanding it permanent status takes some time.

Does this sound correct?

it will take some time (after you're married) to get an approved i-485. we're probably talking 60-90 days. it takes a good bit of time to gather all of the documents and to fill out the forms as well. once ucis gets your application (assuming everything was submitted correctly) it will take around 60-90 days to get your advanced parole papers.

without the i-485, your wife will not be admitted back into the u.s.a.

you will not be able to pull off your plan in the short timeframe that you are hoping for.

good luck,

dvd

[Tom and Teaw 1]

What about a situation where the fiancee also filed for the child at the same time as the 129-F is being processed so she gets a visa at the same time as the fiancee BUT the child will only be brought here for a visit of about a month about six months later. She will be 11 and does not want to live here in the USA...although that could change but I don't think it will. Will the daugter have any trouble leaving the US after the visit on that visa?

[raymaga 25]

I entered the US with my K-1 visa in July/04 and my daughter didn't come to the US with her K-2 visa until Sept/05.

As long as the K-2 visa is issued within one year of the K-1 visa, you will still have 6 months after issuance of the K-2 visa to actually use it.

You could get married, immediately apply for AOS/AP/EAD and then return to pick the child up after AP is acquired. If you don't get the AP approved within the valid 6 month period of the K-2 visa, you could always send your husband to pick the child up or perhaps have a relative in your home country bring the child over.