visa to travel together but son does not want to come

[aspettando 0]

Friends,

It seems everything went well during the visa interview for my Masha and her son. I will add a review later. But a new development has surfaced. The 15 y/o boy does not want to come to the US. What to do? We checked in the application that they will come together. What will happen if only she shows up at the port of entry? Will they allow the boy to come by himself on a later date?

Of course I could ask directly to the Embassy what to do, but there is one more piece for this riddle: Initially we were given an interview date for August, but because I claim the boy would start school August 18 here, they moved the interview to today (July 10). We don't want the embassy to think that we used the boy for the sole purpose to move the interview earlier (we swear we didn't).

I see some "hardliners" raising their eyebrows saying that a 15 y/o boy has only one option and initially I would agree with that. This is not the point of this email, but to ask if you know what the consequences are. One possibility would be for she and her son to come together and he going back to Russia before September 1st (when classes start there). But can he be back before we get married? Can he be back before AOS?

In Russia the boy would live with his grandparents.

Thank you.

[payxibka 10,045]

Friends,

It seems everything went well during the visa interview for my Masha and her son. I will add a review later. But a new development has surfaced. The 15 y/o boy does not want to come to the US. What to do? We checked in the application that they will come together. What will happen if only she shows up at the port of entry? Will they allow the boy to come by himself on a later date?

Of course I could ask directly to the Embassy what to do, but there is one more piece for this riddle: Initially we were given an interview date for August, but because I claim the boy would start school August 18 here, they moved the interview to today (July 10). We don't want the embassy to think that we used the boy for the sole purpose to move the interview earlier (we swear we didn't).

I see some "hardliners" raising their eyebrows saying that a 15 y/o boy has only one option and initially I would agree with that. This is not the point of this email, but to ask if you know what the consequences are. One possibility would be for she and her son to come together and he going back to Russia before September 1st (when classes start there). But can he be back before we get married? Can he be back before AOS?

In Russia the boy would live with his grandparents.

Thank you.

Having the K-1 come first or only will not be a problem at the POE. A K-2 can follow at anytime as long as the visa is still valid. I assume the visa was issued therefore it is 6 mos. If not, then follow to join benefit can be 1 year. A K-1/2 visa is a single use visa. Multiple entries not permitted. So coming/leaving/returning is not a scenario to use.

[aspettando 0]

If not, then follow to join benefit can be 1 year.

Thank you. And what would be the procedure for this?

[payxibka 10,045]

If not, then follow to join benefit can be 1 year.

Thank you. And what would be the procedure for this?

Just follow the Consulate part of the process. The child would make the appropriate applications DS230, DS156, etc... at the time he is ready to travel. Just like the mother did.

[Don E 0]

If I understand correctly, Masha and her son have just had their interview and were told that they would receive their K-1 and K-2 visas respectively. Is that correct?

If so, there is no need to worry about the appearance of having misled the Consulate to get an early interview date. Things can change. Congrats, by the way, on getting the interview date moved up. Good to know that the Consulate is still willing to be accomodating to such circumstances.

So, now they should be receiving their visas soon. While they certainly don't have to travel to the U.S. together or at the same time, unless I'm mistaken, they both only have 6 months (from the date of visa issuance) to enter the U.S. using these visas. And, they are single entry visas. If he comes over and goes right back (before even getting AP), then it could be very difficult (and many years later) for him to come back to the U.S.

IMHO, a decision needs to be made (by your fiancee) as to where her son is going to live, and it needs to be made very quickly.

JMO.....I could be wrong.

[aspettando 0]

If not, then follow to join benefit can be 1 year.

Thank you. And what would be the procedure for this?

Just follow the Consulate part of the process. The child would make the appropriate applications DS230, DS156, etc... at the time he is ready to travel. Just like the mother did.

Thank you. I was afraid this would be the answer, to do everything over...

[aspettando 0]

If I understand correctly, Masha and her son have just had their interview and were told that they would receive their K-1 and K-2 visas respectively. Is that correct?

If so, there is no need to worry about the appearance of having misled the Consulate to get an early interview date. Things can change. Congrats, by the way, on getting the interview date moved up. Good to know that the Consulate is still willing to be accomodating to such circumstances.

So, now they should be receiving their visas soon. While they certainly don't have to travel to the U.S. together or at the same time, unless I'm mistaken, they both only have 6 months (from the date of visa issuance) to enter the U.S. using these visas. And, they are single entry visas. If he comes over and goes right back (before even getting AP), then it could be very difficult (and many years later) for him to come back to the U.S.

IMHO, a decision needs to be made (by your fiancee) as to where her son is going to live, and it needs to be made very quickly.

JMO.....I could be wrong.

Yes, they will receive K1 and K2 respectively. Thank you for the congrats and for the advise. At least is good to know, like fwaguy and you said, that she can travel on her own.

[payxibka 10,045]

If I understand correctly, Masha and her son have just had their interview and were told that they would receive their K-1 and K-2 visas respectively. Is that correct?

If so, there is no need to worry about the appearance of having misled the Consulate to get an early interview date. Things can change. Congrats, by the way, on getting the interview date moved up. Good to know that the Consulate is still willing to be accomodating to such circumstances.

So, now they should be receiving their visas soon. While they certainly don't have to travel to the U.S. together or at the same time, unless I'm mistaken, they both only have 6 months (from the date of visa issuance) to enter the U.S. using these visas. And, they are single entry visas. If he comes over and goes right back (before even getting AP), then it could be very difficult (and many years later) for him to come back to the U.S.

IMHO, a decision needs to be made (by your fiancee) as to where her son is going to live, and it needs to be made very quickly.

JMO.....I could be wrong.

Yes, they will receive K1 and K2 respectively. Thank you for the congrats and for the advise. At least is good to know, like fwaguy and you said, that she can travel on her own.

But since the K-2 will be issued.... the follow-to-join is gone.... The K-2 will have 6 mos. from date of issuance to enter.

[visaveteran 1]

I see two issues: 1. the technical rules and regulations around the K-2 visa which have already been discussed, and 2. the problems that might arise if the son stays in Russia and later freaks out when he realizes his mother is not around to care for him.

I've seen the mother-son dynamic play out in Russia where the son manipulates the mother to get what he wants. Often it's by creating a crisis that the mother must respond to...usually by giving in to the son's wishes.

The fact that the son is just now making an issue about coming to the USA is troubling. He's manipulating the situation and putting his mother in a tough spot.

[Neonred 3,562]

Let me tell you our experience with this problem. I was in Moscow for my fiancee's and her daughter's interview. We had indicated on the paperwork that her daughter would not be traveling with her mother. When they walked out of the embassy I saw a look of sadness. Although the K-1 was approved they told the daughter she would have to return for another interview prior to receiving the K-2 visa. We were a little stunned and decided to walk a while and get something to eat. In less than an hour the embassy was calling us to clarify the problem. They wanted to know when the daughter would be traveling to the US as they had not asked and assumed it would be more than 6 months after her mother. I spoke with them and let them know it would be in three months. They agreed to complete the processing of the visa.

The second problem came after she arrived and stayed with us for two months that summer. She left to return to Russia and study at the university. The following summer she wanted to come on the J-1 student work and travel visa. She was denied at the embassy on the basis that she had already been to the US, and that her mother was now married and living in the US thus she was a high risk for overstaying. Seems that the same problem would apply to a visitors visa for her.

Remember the child can arrive up to one year after the mother( if it's later than 6 months he will need a new interview and perhaps a new medical). Don't get stuck with him arriving and then leaving and not being able to return. Everyone needs to think carefully before a decision is made. Probably best for him to arrive and stay until he has a green card.

[akdiver 3]

Sounds like you lucked out!!

The kid can stay in RU - no one in the US government is going to care. The (soon to be) wife has a valid visa, which is valid whether or not the kid comes - so she can come on in.

Let the kid stay there and avoid the expense and hassle of having him here - everybody wins.

Edited July 11, 2008 by akdiver

[Blues Fairy 0]

The 15 y/o boy does not want to come to the US. What to do?

Listen to his reasons, perhaps? If he's a rational human being and his reasoning seems valid, maybe it's better not to pressure?

And if he's being childish/manipulative, even more reason to leave him behind.

[aspettando 0]

Thank you all for your kind answers. Yes, the boy is being manipulative and his reasons are childish (he has a new friend ). However he is not stupid and eventually he will try to come. When and how are the questions. If after six months, I don't think I will be able to go through this again. I believe, the best is for him to come now, get his green card and then decide what to do. If I were in charge ... let's not get there. Thank you again for your kind and informative answers.

[1HappyGuy 45]

A K-2 visa can be issued up to one year after the K-1 visa. When you go to the interview, just tell them that the boy wants to finish his school and won't be able to come until the following year. You will need to file a separate set of forms but it only goes to the U.S. embassy, not through USCIS. Review the "following" benefits here and at the USCIS web site.

We did this with my wife's son and it was all accomplished within one month.

[Kotenochek 0]

why dont you offer the boy something to look forward to here in Us..for example car once he is 16?

You can always "buy"manipulative kids...