KID UNDER K2 VISA: ONCE IN USA WITH K2, ALLOWED TO LEAVE USA AGAIN?

[goldie 0]

how does it work? i will go to usa, then i get married within the 3 month. ok. after marriage, i will apply for AOS. can i apply for my son as well, even if he will join me later, under the "follow to join"status? or do i have to apply for him extra again , once he is in the states? he wants to come later under the k2, then he wish to come back to switzerland for a time, until he finished hes studies over here. is this possible? he doesnt want to miss the opportunity to have the chance later on to finish his studys in the usa. what can he do, that he will still receive the greencard later, but doesnt has to stay and wait in the states until i got my AOS? thanks alot for ur help!

oh, and, if its not possible, what happens if he doesnt come with me to the interview and he is listed? will they not give me problems?

[Boiler 45,517]

how does it work? i will go to usa, then i get married within the 3 month. ok. after marriage, i will apply for AOS. can i apply for my son as well, even if he will join me later, under the "follow to join"status? or do i have to apply for him extra again , once he is in the states? he wants to come later under the k2, then he wish to come back to switzerland for a time, until he finished hes studies over here. is this possible? he doesnt want to miss the opportunity to have the chance later on to finish his studys in the usa. what can he do, that he will still receive the greencard later, but doesnt has to stay and wait in the states until i got my AOS? thanks alot for ur help!

oh, and, if its not possible, what happens if he doesnt come with me to the interview and he is listed? will they not give me problems?

He woud apply for Advanced Parole when he applies to adjust his status.

Allow 3 months for AP.

[goldie 0]

how does it work? i will go to usa, then i get married within the 3 month. ok. after marriage, i will apply for AOS. can i apply for my son as well, even if he will join me later, under the "follow to join"status? or do i have to apply for him extra again , once he is in the states? he wants to come later under the k2, then he wish to come back to switzerland for a time, until he finished hes studies over here. is this possible? he doesnt want to miss the opportunity to have the chance later on to finish his studys in the usa. what can he do, that he will still receive the greencard later, but doesnt has to stay and wait in the states until i got my AOS? thanks alot for ur help!

oh, and, if its not possible, what happens if he doesnt come with me to the interview and he is listed? will they not give me problems?

He woud apply for Advanced Parole when he applies to adjust his status.

Allow 3 months for AP.

so that means, i cant apply for him AOS until he is in the states himself? bad... and advanced parole is only valid for 3 month? and what, if he comes back to usa after 3 month and leaves again, until AOS? no way?

[GaryC 7]

It takes about 3 months to get AP is what he was saying. And yes, the person has to be in the USA to file for AOS.

[pj1959us 0]

Before continuing, some facts need to be known.

How old is the child now, and how old will he be when you marry? How long before his studies will be completed in Switzerland? Until this information is known, there are too many variables to provide some possible resolution to your situation.

By coming to the US, his intent should be to reside in the US...neither AOS nor AP are designed to arrive here and then move back to his country to complete his studies. Either way the AOS will be considered abandoned. If you can provide answers to the above questions, perhaps some suggestions can be forthcoming.

[goldie 0]

Before continuing, some facts need to be known.

How old is the child now, and how old will he be when you marry? How long before his studies will be completed in Switzerland? Until this information is known, there are too many variables to provide some possible resolution to your situation.

By coming to the US, his intent should be to reside in the US...neither AOS nor AP are designed to arrive here and then move back to his country to complete his studies. Either way the AOS will be considered abandoned. If you can provide answers to the above questions, perhaps some suggestions can be forthcoming.

ok... he is now 19 years and will still be when i marry. he wants still to remain here in switzerland and leater even thinks about going to study to the nairobi university in kenya for 4 years to get technical engeneering diploma. kenya , coz he grew up there and will get the studies payed. afer, he wants to come to the states to make a higher decree for another 2 years. that is his plan. but, of course, he knows it might be not easy to have the chance to continue his studies in the states. so, he wanted to see if there is a way, to get the greencard with the k2. but, i guess its not possible, coz he can only "follow to join" within a year..and, it seems as well, that i cant apply for him the ajustment of status, if he is not yet in the country. any suggestions what he could do? thanks alot

[pj1959us 0]

By the time I finished typing, you had added info, so am retyping everything.

It doesn't sound as if he should bother with a K-2 in his situation.

If he stays in Switzerland to complete his studies, and later goes to Kenya, you could submit an I-130 for him. Depending on the family preference/situation, and whether you are Permanent Resident or Citizen, it would be several years before a visa is granted as an F1, F2A or F2B. See the Visa Bulletin at uscis.gov here: http://travel.state.gov/visa/frvi/bulletin...letin_2943.html

Since you say he has some time before completing his studies, the timeline for the I-130 might work out for him anyway. You could go ahead and submit it as soon as possible and by the time the visa is available, he might be ready to come to the US. Since the stepparent relationship wasn't created before he turned 16, your husband would not be able to submit the I-130, so you would have to wait until you are at least a Permanent Resident (PR) to do so.

He could try to obtain a student visa instead later on, but if he plans to reside in the US for a while then the I-130 could be beneficial (and if a resident could take advantage of normally lesser tuition fees). Of course, it could be some time for the AOS to be completed in order to get the lesser fees, and if he isn't interested in residing in the US beyond the 2 years education, then that may not be a benefit and instead would prefer to check into the procedure for a student visa. You could do so now and compare all the possibilities so you can understand what actions need to be taken, and when.

Just review the timeline shown in the visa bulletin, possibly use your local office's timeline for AOS as a guide and your own status (PR vs. Citizen), then compare it to his plans. Keep in mind the timeline for the visa bulletins vary depending on if you are a PR or a citizen (if you plan to be). That should tell you if what he wants to do would be feasible.

Good on him for his plans to further his education...it sounds as if he has great goals in mind and hopefully something will work out for him.

Best of luck to you and yours!

[goldie 0]

By the time I finished typing, you had added info, so am retyping everything.

It doesn't sound as if he should bother with a K-2 in his situation.

If he stays in Switzerland to complete his studies, and later goes to Kenya, you could submit an I-130 for him. Depending on the family preference/situation, and whether you are Permanent Resident or Citizen, it would be several years before a visa is granted as an F1, F2A or F2B. See the Visa Bulletin at uscis.gov here: http://travel.state.gov/visa/frvi/bulletin...letin_2943.html

Since you say he has some time before completing his studies, the timeline for the I-130 might work out for him anyway. You could go ahead and submit it as soon as possible and by the time the visa is available, he might be ready to come to the US. Since the stepparent relationship wasn't created before he turned 16, your husband would not be able to submit the I-130, so you would have to wait until you are at least a Permanent Resident (PR) to do so.

He could try to obtain a student visa instead later on, but if he plans to reside in the US for a while then the I-130 could be beneficial (and if a resident could take advantage of normally lesser tuition fees). Of course, it could be some time for the AOS to be completed in order to get the lesser fees, and if he isn't interested in residing in the US beyond the 2 years education, then that may not be a benefit and instead would prefer to check into the procedure for a student visa. You could do so now and compare all the possibilities so you can understand what actions need to be taken, and when.

Just review the timeline shown in the visa bulletin, possibly use your local office's timeline for AOS as a guide and your own status (PR vs. Citizen), then compare it to his plans. Keep in mind the timeline for the visa bulletins vary depending on if you are a PR or a citizen (if you plan to be). That should tell you if what he wants to do would be feasible.

Good on him for his plans to further his education...it sounds as if he has great goals in mind and hopefully something will work out for him.

Best of luck to you and yours!

THANK YOU VERY MUCH! very good informations! i gave my son to read everyting and i guess he will try to apply a student visa, when the time comes... still far away..and, yes, i am proud of him, that he has such a good goal! first he wanted to come with me, but, he doesnt want to rely on my husband and me if he cant work for the college... i like that!

By the time I finished typing, you had added info, so am retyping everything.

It doesn't sound as if he should bother with a K-2 in his situation.

If he stays in Switzerland to complete his studies, and later goes to Kenya, you could submit an I-130 for him. Depending on the family preference/situation, and whether you are Permanent Resident or Citizen, it would be several years before a visa is granted as an F1, F2A or F2B. See the Visa Bulletin at uscis.gov here: http://travel.state.gov/visa/frvi/bulletin...letin_2943.html

Since you say he has some time before completing his studies, the timeline for the I-130 might work out for him anyway. You could go ahead and submit it as soon as possible and by the time the visa is available, he might be ready to come to the US. Since the stepparent relationship wasn't created before he turned 16, your husband would not be able to submit the I-130, so you would have to wait until you are at least a Permanent Resident (PR) to do so.

He could try to obtain a student visa instead later on, but if he plans to reside in the US for a while then the I-130 could be beneficial (and if a resident could take advantage of normally lesser tuition fees). Of course, it could be some time for the AOS to be completed in order to get the lesser fees, and if he isn't interested in residing in the US beyond the 2 years education, then that may not be a benefit and instead would prefer to check into the procedure for a student visa. You could do so now and compare all the possibilities so you can understand what actions need to be taken, and when.

Just review the timeline shown in the visa bulletin, possibly use your local office's timeline for AOS as a guide and your own status (PR vs. Citizen), then compare it to his plans. Keep in mind the timeline for the visa bulletins vary depending on if you are a PR or a citizen (if you plan to be). That should tell you if what he wants to do would be feasible.

Good on him for his plans to further his education...it sounds as if he has great goals in mind and hopefully something will work out for him.

Best of luck to you and yours!

THANK YOU VERY MUCH! very good informations! i gave my son to read everyting and i guess he will try to apply a student visa, when the time comes... still far away..and, yes, i am proud of him, that he has such a good goal! first he wanted to come with me, but, he doesnt want to rely on my husband and me if he cant work for the college... i like that!

OOH, another thing now... i will have the interview in 10 days... he is on the applicaton forms and i payed for him already the k2 fees... what, if he wont come with me to the interview? coz he dont need the k2 visa anymore? any problems at the embassy? will they make me problems? or should i e mail them and tel them in advance? thanks!

[pj1959us 0]

You do have a stellar son! Hopefully, he can find some solutions that will fit his situation.

I wouldn't worry about contacting the Embassy beforehand about that aspect, you can just inform them the day of your interview (Good luck, by the way ) It shouldn't matter if he decides not to come to the interview, you can just explain the situation to them since you have found that the K-2 wouldn't be beneficial to him at this time.

Technically he could still get the K-2, but he wouldn't want to bother pursuing AOS or AP. He can remain in the US up to the 90-day I-94 expiration date, then return to Switzerland for his studies. I don't know if the VWP is available to you in Switzerland, or if tourist visas are difficult to obtain. He can still be granted another type of visa later (from an I-130 or student) even if he comes here on a K-2 and leaves.

Possibly a better alternative is for you to request the K-2 to be obtained later (within the year of your K-1 issuance...as a "to follow"). You never know, his plans within the next year may change and that way the K-2 option would still be open to him. I don't know if the fee would be required again or can be "on hold" for the year. I wouldn't think the visa payment would expire, but am unfamiliar with that situation. You can check on those details with the Embassy at your interview.

If he ultimately doesn't ever obtain the K-2, it still shouldn't affect an opportunity for a different type of visa later.

I know that's more than what you asked, but just some things to think about (as if you need that! )

[Boiler 45,517]

I would also suggest you get him a K2. His best bet if he wants to emmigrate to the US for some time.

You might also wish to consider the requirements for a F1 Student Visa, these include the need to demonstrate non-immigrant intent.

Swiss Citizens have access to the VWP.

[asante 0]

I got a degree in kenya and I advice him to not go get his degree at Nairobi university.

Instead, let him get a K-2 and come and go to school here in the US now.

Edited July 16, 2006 by asante