k-2 visa

[sunandmoon 450]

hi,

i'm in the process of petitioning my fiance from the Philippines. she has a nine year old daughter. we are considering using "follow to join" for her daughter. My fiance has suggested leaving the daughter in Philis. for 1 to 2 years. Since she might have a change of heart, i'm thinking we should apply for the K-2 for the daughter at the same time as the k-1. that way while my fiance is AOS she could apply for advance parole so she could go back for her daughter. disavantage is once the k-2 is issued, would expire in six months. don't know if can get advance parole in that time frame.

Has anyone had any experience, positive or negative using follow to join from the Philippines ?

[Girona40 0]

Her child cannot derive benefit from her K-1 unless the child enters the US within one year of her being granted her K-1 visa.

I have two children here with me in the US - one accompanied me and had no problems the other followed and has had nothing but problems, but that is because he was 20.

If she can bring the child with her, I don't understand why she would want to leave a 9 year old behind.

[I'm Gone 60]

File for the child and have them come at the same time. The sooner she gets here and starts learning English the better. What advantage is there to leaving the child behind?

[Schatzi 0]

could a K1 and K2 travel together after visa approval? since the K2 visa holder is just 1 year old.

[Yodrak 7]

roymcn3rd,

My wife had the same idea - to leave her child in her home country with the grandparents for a while. After a lot of discussion I told her that I didn't think she'd be happy doing that, she changed her mind an brought her child with her, and she now feels that she did the right thing. It would have been a big mistake for both her and the child had they come separately at different times.

I think it's quite possible that your fiancee could get advance parole within 6 months of receiving her visa, but it might be tight. She'd have to get to the USA, get married, and apply for AOS all without delay.

Yodrak

hi,

i'm in the process of petitioning my fiance from the Philippines. she has a nine year old daughter. we are considering using "follow to join" for her daughter. My fiance has suggested leaving the daughter in Philis. for 1 to 2 years. Since she might have a change of heart, i'm thinking we should apply for the K-2 for the daughter at the same time as the k-1. that way while my fiance is AOS she could apply for advance parole so she could go back for her daughter. disavantage is once the k-2 is issued, would expire in six months. don't know if can get advance parole in that time frame.

Has anyone had any experience, positive or negative using follow to join from the Philippines ?

[Yodrak 7]

Girona,

No, the child's K2 visa must be issued within one year of the issuance of the parent's K1 visa. The child will then have 6 months to enter the USA. So stretched to the max, the child would have almost 18 months to enter the USA after the issuance of the K1 visa. (I would never try to cut things that close.)

Yodrak

Her child cannot derive benefit from her K-1 unless the child enters the US within one year of her being granted her K-1 visa.

......

[pushbrk 12,882]

Girona,

No, the child's K2 visa must be issued within one year of the issuance of the parent's K1 visa. The child will then have 6 months to enter the USA. So stretched to the max, the child would have almost 18 months to enter the USA after the issuance of the K1 visa. (I would never try to cut things that close.)

Yodrak

Her child cannot derive benefit from her K-1 unless the child enters the US within one year of her being granted her K-1 visa.

......

Follow to join works very well. You have nothing to lose by going this direction. If your fiance or daughter change their mind and do not use the visa or never get it, you still have the option of filing the I-130 for a CR2 visa. I'm all for keeping the options open. As long as the child is already listed on the petition, you are one the road now. The next choice is whether to return P3 documents for the child and then whether to do the medical and interview. The child can get approval of the visa without issuance.

The AP issue is the sticky one but it can be accomplished before the daughter obtains the visa. She can wait a year after her mother's visa, after all.