Help us please.

[rl2009 0]

I have filed the petition K1 and K2 for my fiancee Rosana and her daughter Lais.

Once you have the K1 Visa it is good for one entry into the United States within 6 months of the issue date. A K2 Visa holder (child of K1 Visa holder) may enter up to one year after the K1? but a K2 Visa holder may not enter the U.S. prior to the K1?

MY QUESTION IS: A K-2 may enter up to one year after THE ISSUE DATE FROM K-1???

Does anyone know for sure the answer to this question.

Edited May 24, 2006 by ld&rd

[tjv2000 0]

I have filed the petition K1 and K2 for my fiancee Rosana and her daughter Lais.

Once you have the K1 Visa it is good for one entry into the United States within 6 months of the issue date. A K2 Visa holder (child of K1 Visa holder) may enter up to one year after the K1? but a K2 Visa holder may not enter the U.S. prior to the K1?

MY QUESTION IS: A K-2 may enter up to one year after THE ISSUE DATE FROM K-1???

Does anyone know for sure the answer to this question.

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

[Yodrak 7]

tjv,

This is not correct.

The K2 visa, like the K1 visa, is valid for 6 months. The child must leave for the USA within 6 months of K2 visa issuance.

'Traveling with' means that the child is applying for their K2 visa at the same time as the K1 parent. It does not extend to requiring that the parent and child travel together physically. The child can come separately, after the parent, as long as the child comes before their K2 visa expires.

'Following to join' means that the child will apply for their K2 visa at some future date after the parent has applied for their K1 visa. The K2 visa must be issued within 1 year of the issuance of the K1 visa. Carried to the extreme, this means that a K2 could come to the USA close to 18 months after the K1 visa was issued.

Yodrak

I have filed the petition K1 and K2 for my fiancee Rosana and her daughter Lais.

Once you have the K1 Visa it is good for one entry into the United States within 6 months of the issue date. A K2 Visa holder (child of K1 Visa holder) may enter up to one year after the K1? but a K2 Visa holder may not enter the U.S. prior to the K1?

MY QUESTION IS: A K-2 may enter up to one year after THE ISSUE DATE FROM K-1???

Does anyone know for sure the answer to this question.

... The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. ....

Edited May 24, 2006 by Yodrak

[tjv2000 0]

tjv,

This is not correct.

The K2 visa, like the K1 visa, is valid for 6 months. The child must leave for the USA within 6 months of K2 visa issuance.

'Traveling with' means that the child is applying for their K2 visa at the same time as the K1 parent. It does not extend to requiring that the parent and child travel together physically. The child can come separately, after the parent, as long as the child comes before their K2 visa expires.

'Following to join' means that the child will apply for their K2 visa at some future date after the parent has applied for their K1 visa. The K2 visa must be issued within 1 year of the issuance of the K1 visa. Carried to the extreme, this means that a K2 could come to the USA close to 18 months after the K1 visa was issued.

Yodrak

[tjv2000 0]

Might not be correct but if it's not then we can all blame the Department of State because I copied and pasted word for word from their website.

http://travel.state.gov/visa/immigrants/ty...s_1315.html#12d

A little over half way down this webpage where it says Children Have Derivative Status is where I copied and pasted what I posted.

I suppose the State Department is posting lies.

[Yodrak 7]

tjv,

I would call it an over-simplification, one that omits some critical details and could get people into trouble. In fact, I know of one woman who had her daughter apply with her for their K1 and K2 visas with the plan that the daughter would follow some 8-9 months later after the school year finished, believing that the daughter had 1 year to enter. They were lucky that consulate allowed to daughter to re-apply and issued a new K2 visa after the 1st one expired.

One would hope that government web sites would be 100% accurate about the information they provide, but they're not always. (Nor is the government responsible if people rely on information it publishes and someone gets burned by it.)

Yodrak

Might not be correct but if it's not then we can all blame the Department of State because I copied and pasted word for word from their website.

http://travel.state.gov/visa/immigrants/ty...s_1315.html#12d

A little over half way down this webpage where it says Children Have Derivative Status is where I copied and pasted what I posted.

I suppose the State Department is posting lies.

Edited May 24, 2006 by Yodrak

[Rocio 0]

if i understand it right, child may follow parent (k-1 visa) within a year but that means not get the k-2 visa issued till the child is actually planning to come, in other words

child has 1 year to get the k-2 visa once child gets the visa has only 6 months to use it......at least thats how i was explained before

[perfect 39]

Because my son was a K2 following on after my arrival in the US,it was explained to me like this -

He had to get his K2 visa within one year of the date that mine was issued i.e. he was interviewed on a separate date within one year of my interview at the embassy when my K1 was issued (actual interview for him was 8 months after my interview when K1 visa was issued).

He then had to travel to the US using that K2 visa within 6 months of it being issued to him. He arrived in the US 8 months after I arrived.

Hope that helps clarify.