Travel date too late for K2 - next option?

[Kwagga 0]

I'm now seriously confused after reading the guides, so a bit of guidance from folks that have been through the process would be appreciated.

I received my K1 visa on 29 June '09. On the day I found out that my son that was on the I-129F petition as a follow to join has to travel within one year of my K1 being issued if he wants to travel on a K2, which means he will have to leave SA by the end of June 2010. He will be finishing his final year at school in SA before he joins us, which will be in December 2010.

I was told that my fiance now has to re-petition for him to join us. Is this the I-130? And what kind of visa will he then travel on? I'm seriously confused. My son will still be under 18 when I get married and adjust status.

[PinayAmerican4 0]

we are in the same situation right now. I appreciated if you could find the answer on that PLS! let me know... Thank you

[TayRivers 4]

I'm now seriously confused after reading the guides, so a bit of guidance from folks that have been through the process would be appreciated.

I received my K1 visa on 29 June '09. On the day I found out that my son that was on the I-129F petition as a follow to join has to travel within one year of my K1 being issued if he wants to travel on a K2, which means he will have to leave SA by the end of June 2010. He will be finishing his final year at school in SA before he joins us, which will be in December 2010.

I was told that my fiance now has to re-petition for him to join us. Is this the I-130? And what kind of visa will he then travel on? I'm seriously confused. My son will still be under 18 when I get married and adjust status.

Yes it would be a I-130 that your husband would need to file if your son can not use the follow to join K2. The visa he would get is a CR2/IR2. Because your son is under 18 and your marriage was before his 18th birthday your husband can file for him.

You woud be best to file the I-130 about this time next year, the visa will be valid for 6 months so if it is approved before he is ready to come to the US then it will not be an issue.

Good Luck