K2 Visas

[jul&ali 0]

My fiance and I did not submit a separate I-129f for my fiance's son at the time we applied for my fiance. We thought that a child of a k-1 visa holder could come to the US under the parent's visa for up to a year without filing a separate application.

Now we have been assigned an interview date and don't know what to do. We had planned on having my fiance's son join us in the states within the year, but not travel at the same time. This way we would have some time to get my fiance settled, find him a job, get settled into a home and prepare for his son to arrive and start school/arrange day care.

I am worried that since we did not submit a separate application for my fiance's son, he will not be able to travel to the US within the year and that we may have problems at my fiance's visa interview, scheduled for September 15th. I am also concerned that, as his step-mom and the USC, I cannot apply for him once my fiance and I are married because my fiance will no longer be a k-1 visa holder and that if we wait until my fiance is a LPR that it could take many, many years for his son to come to the states. His son is only 3 and we really want him to be here with us before he is ready to graduate from High School! We also don't want to scrap this petition and re-apply.

Any experience/advice would be greatly appreciated!

Thanks all

[jul&ali 0]

One more piece of information, in reading the qualifications for follow to join benefits it says:

Also, for your child to be eligible for following-to-join benefits, he or she must:

* Be unmarried and

* Be under 21 years of age and

* Have been a child from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or

* Have been a stepchild from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or

* Have been legally adopted prior to your admission to the U.S., and otherwise qualify as an adopted child under the immigration law.

My fiance's son was born while my fiance was dating the mother (they were never married), does he not qualify for follow to join benefits based on this fact?

[Jauque 1]

You do not submit a I-129f for the child of your fiance. You do however include him in your fiance's I-129f in the question regarding children of the benficiary. If you included him there than you are fine.

It does not matter that he was unmarried to the mother, it does however matter that the mohter consent or that he has full custody.

When you filled out the forms for packet 3 did you include his son and check "will follow"? That is also important.

[Gary and Alla 3,694]

My fiance and I did not submit a separate I-129f for my fiance's son at the time we applied for my fiance. We thought that a child of a k-1 visa holder could come to the US under the parent's visa for up to a year without filing a separate application.

Now we have been assigned an interview date and don't know what to do. We had planned on having my fiance's son join us in the states within the year, but not travel at the same time. This way we would have some time to get my fiance settled, find him a job, get settled into a home and prepare for his son to arrive and start school/arrange day care.

I am worried that since we did not submit a separate application for my fiance's son, he will not be able to travel to the US within the year and that we may have problems at my fiance's visa interview, scheduled for September 15th. I am also concerned that, as his step-mom and the USC, I cannot apply for him once my fiance and I are married because my fiance will no longer be a k-1 visa holder and that if we wait until my fiance is a LPR that it could take many, many years for his son to come to the states. His son is only 3 and we really want him to be here with us before he is ready to graduate from High School! We also don't want to scrap this petition and re-apply.

Any experience/advice would be greatly appreciated!

Thanks all

You do not need a separate petition for the son. He should have been listed on the I-129f where it asks names of ALL children. When your fiancee goes to her interview and fills out her forms she will also list the son as "to follow". You can then make a separate interview appointment for him up to one year after her visa is issued and he can apply for a K-2. We did both a K-2 at the time of my wifes interview and a K-2 to follow 10 months later. No problems. I will be posting an update as to the AOS process for the K-2 to follow which is good information for anyone with a K-2 child who has foreign education requirements.

He will get his own visa and have his own visa application, affidavit of supprot, medical exam, etc. but you do not need a separate petition, you should be OK.

[Gary and Alla 3,694]

One more piece of information, in reading the qualifications for follow to join benefits it says:

Also, for your child to be eligible for following-to-join benefits, he or she must:

* Be unmarried and

* Be under 21 years of age and

* Have been a child from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or

* Have been a stepchild from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or

* Have been legally adopted prior to your admission to the U.S., and otherwise qualify as an adopted child under the immigration law.

My fiance's son was born while my fiance was dating the mother (they were never married), does he not qualify for follow to join benefits based on this fact?

He qualifies. However in most countries (if not all) the "absent parent" must provide a notarized letter allowing the other parent permission to move the child PERMANENTLY to the USA and include a copy of the absent parent's passport photo page and signature page. Unless the absent parent has died or the custodial parent has sole custody with specific transport rights, there is no exception to this. There is an age limt for this, 16 in some countries, 18 in most countries and up to age 21 in some countries. Check with the consulate website for what is needed for the child.

Bear in mind that ALL requirements for a K-1 apply to a K-2. Affidavit of support, medical exam, visa fees, AOS fees, document requirements, police certificates if over age 16, etc. It is basically a redux of the K-1 application.

[jul&ali 0]

My fiance and I did include his son on the I-129f and we did check "will follow" on the packet 3 forms.

You do not submit a I-129f for the child of your fiance. You do however include him in your fiance's I-129f in the question regarding children of the benficiary. If you included him there than you are fine.

It does not matter that he was unmarried to the mother, it does however matter that the mohter consent or that he has full custody.

When you filled out the forms for packet 3 did you include his son and check "will follow"? That is also important.

[jul&ali 0]

Thanks Gary and Alla for the info, i'm sure I'll have more questions to come.

One more piece of information, in reading the qualifications for follow to join benefits it says:

Also, for your child to be eligible for following-to-join benefits, he or she must:

* Be unmarried and

* Be under 21 years of age and

* Have been a child from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or

* Have been a stepchild from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or

* Have been legally adopted prior to your admission to the U.S., and otherwise qualify as an adopted child under the immigration law.

My fiance's son was born while my fiance was dating the mother (they were never married), does he not qualify for follow to join benefits based on this fact?

He qualifies. However in most countries (if not all) the "absent parent" must provide a notarized letter allowing the other parent permission to move the child PERMANENTLY to the USA and include a copy of the absent parent's passport photo page and signature page. Unless the absent parent has died or the custodial parent has sole custody with specific transport rights, there is no exception to this. There is an age limt for this, 16 in some countries, 18 in most countries and up to age 21 in some countries. Check with the consulate website for what is needed for the child.

Bear in mind that ALL requirements for a K-1 apply to a K-2. Affidavit of support, medical exam, visa fees, AOS fees, document requirements, police certificates if over age 16, etc. It is basically a redux of the K-1 application.