Stepfather/stepchild was established when child was 20 yrs old. Can K-2 follow to join?

[bugsly14 0]

Hello everyone! A friend of mine needs help. I hope someone can give me an answer so I could tell her what to do. Here are the facts of her case:

1. Her fiance filed a K-1 visa for her and K-2 for her kids (I-129F). She indicated in her DS 156 form that her kids will follow to join.

2. She is now in the US, married to the US citizen petitioner. The marriage between the K-1 and the petitioner occured when the K-2 (child) is already 20 years old.

3. She has just filed for her adjustment of status recently. No approval yet.

4. Her eldest child who was indicated in the I-129F petition is already 20 years old.

5. Her 20 year old child will follow to join before she ages out.

I read somewhere that "The stepparent/stepchild relationship must be created before the child reaches the age of 18." She is not sure if her 20 year old child can still follow to join. My questiona are:

1. Can her 20 yr old child still be considered as a derivative, and therefore can follow to join, even if the stepfather/stepchild relationship was established when the child was already 20 years old?

2. If the child is still elligible to follow to join, what should be done so she could get a visa (please note that the K1 has already filed an adjustment of status but no approval yet)?

3. Who should my friend contact to proceed with the follow to join if her 20 yr old child is still elligible.

I hope someone can help her. Thanks.

Edited October 1, 2009 by bugsly14

[JimVaPhuong 4,863]

Hello everyone! A friend of mine needs help. I hope someone can give me an answer so I could tell her what to do. Here are the facts of her case:

1. Her fiance filed a K-1 visa for her and K-2 for her kids (I-129F). She indicated in her DS 156 form that her kids will follow to join.

2. She is now in the US, married to the US citizen petitioner. The marriage between the K-1 and the petitioner occured when the K-2 (child) is already 20 years old.

3. She has just filed for her adjustment of status recently. No approval yet.

4. Her eldest child who was indicated in the I-129F petition is already 20 years old.

5. Her 20 year old child will follow to join before she ages out.

I read somewhere that "The stepparent/stepchild relationship must be created before the child reaches the age of 18." She is not sure if her 20 year old child can still follow to join. My questiona are:

1. Can her 20 yr old child still be considered as a derivative, and therefore can follow to join, even if the stepfather/stepchild relationship was established when the child was already 20 years old?

Yes.

2. If the child is still elligible to follow to join, what should be done so she could get a visa (please note that the K1 has already filed an adjustment of status but no approval yet)?

Doesn't matter if the K1 has adjusted status. The child is eligible for the K2 simply because the K1 visa was issued. The application process is nearly the same as the K1 application process; mostly the same forms (except no DS-156K).

3. Who should my friend contact to proceed with the follow to join if her 20 yr old child is still elligible.

Check with the consulate, and get the necessary forms. Hurry. They need to get the AOS petition submitted before the child turns 21.

I hope someone can help her. Thanks.

The 18 year old parent/step child relationship rule doesn't apply to K2's. This memorandum was issued by USCIS to field officers in 2007 that made this policy clear:

http://www.uscis.gov/files/pressrelease/K2...tatus031507.pdf

[Gary and Alla 3,694]

Hello everyone! A friend of mine needs help. I hope someone can give me an answer so I could tell her what to do. Here are the facts of her case:

1. Her fiance filed a K-1 visa for her and K-2 for her kids (I-129F). She indicated in her DS 156 form that her kids will follow to join.

2. She is now in the US, married to the US citizen petitioner. The marriage between the K-1 and the petitioner occured when the K-2 (child) is already 20 years old.

3. She has just filed for her adjustment of status recently. No approval yet.

4. Her eldest child who was indicated in the I-129F petition is already 20 years old.

5. Her 20 year old child will follow to join before she ages out.

I read somewhere that "The stepparent/stepchild relationship must be created before the child reaches the age of 18." She is not sure if her 20 year old child can still follow to join. My questiona are:

1. Can her 20 yr old child still be considered as a derivative, and therefore can follow to join, even if the stepfather/stepchild relationship was established when the child was already 20 years old?

2. If the child is still elligible to follow to join, what should be done so she could get a visa (please note that the K1 has already filed an adjustment of status but no approval yet)?

3. Who should my friend contact to proceed with the follow to join if her 20 yr old child is still elligible.

I hope someone can help her. Thanks.

Whta you read applies to K-3 and CR-1 visas, not to the K-1. If her visa was issued LESS than 12 months ago and she has her receipt for filing the adjutment of status, YES any unmarried child under age 21 can get a follow to join K-2 visa. They will need to have their own medicals, interviews, visa applications, pay the fees and pay the adjustment fee when they arrive, $1010 each. They will use the same NVC case number as for her fiancee visa. Contact the embassy to schedule appointments and get details of exact forms needed

[Gary and Alla 3,694]

Hello everyone! A friend of mine needs help. I hope someone can give me an answer so I could tell her what to do. Here are the facts of her case:

1. Her fiance filed a K-1 visa for her and K-2 for her kids (I-129F). She indicated in her DS 156 form that her kids will follow to join.

2. She is now in the US, married to the US citizen petitioner. The marriage between the K-1 and the petitioner occured when the K-2 (child) is already 20 years old.

3. She has just filed for her adjustment of status recently. No approval yet.

4. Her eldest child who was indicated in the I-129F petition is already 20 years old.

5. Her 20 year old child will follow to join before she ages out.

I read somewhere that "The stepparent/stepchild relationship must be created before the child reaches the age of 18." She is not sure if her 20 year old child can still follow to join. My questiona are:

1. Can her 20 yr old child still be considered as a derivative, and therefore can follow to join, even if the stepfather/stepchild relationship was established when the child was already 20 years old?

Yes.

2. If the child is still elligible to follow to join, what should be done so she could get a visa (please note that the K1 has already filed an adjustment of status but no approval yet)?

Doesn't matter if the K1 has adjusted status. The child is eligible for the K2 simply because the K1 visa was issued. The application process is nearly the same as the K1 application process; mostly the same forms (except no DS-156K).

3. Who should my friend contact to proceed with the follow to join if her 20 yr old child is still elligible.

Check with the consulate, and get the necessary forms. Hurry. They need to get the AOS petition submitted before the child turns 21.

I hope someone can help her. Thanks.

The 18 year old parent/step child relationship rule doesn't apply to K2's. This memorandum was issued by USCIS to field officers in 2007 that made this policy clear:

http://www.uscis.gov/files/pressrelease/K2...tatus031507.pdf

Yes, DO NOT waste any time, start on this today. Today. The child must arrive in the US and file for the AOS before the 21st birthday

[bugsly14 0]

Thank you JimVaPhuong and Gary and Alla! I know she has to start this ASAP. That's why I'm helping her gather information so she could start the process. Guys, I have follow up questions, if you don't mind

Does the K-1 need to submit the receipt of her AOS along with the forms for K-2 visa processing?

I also read something about I-824 Application for Action on an Approved Application or Petition. Does the K-1 need to file this since she has submitted her AOS so she can process the K-2? Or this is not needed and is only confusing us? hehehe

[pushbrk 12,910]

Thank you JimVaPhuong and Gary and Alla! I know she has to start this ASAP. That's why I'm helping her gather information so she could start the process. Guys, I have follow up questions, if you don't mind

Does the K-1 need to submit the receipt of her AOS along with the forms for K-2 visa processing?

I also read something about I-824 Application for Action on an Approved Application or Petition. Does the K-1 need to file this since she has submitted her AOS so she can process the K-2? Or this is not needed and is only confusing us? hehehe

No for both questions.

[Gary and Alla 3,694]

Thank you JimVaPhuong and Gary and Alla! I know she has to start this ASAP. That's why I'm helping her gather information so she could start the process. Guys, I have follow up questions, if you don't mind

Does the K-1 need to submit the receipt of her AOS along with the forms for K-2 visa processing?

I also read something about I-824 Application for Action on an Approved Application or Petition. Does the K-1 need to file this since she has submitted her AOS so she can process the K-2? Or this is not needed and is only confusing us? hehehe

No for both questions.

You may be correct for Manila, Pushbrk. When we did a K-2 to follow in Kiev we DID have to provide evidence that Alla's AOS had (at minimum) bee applied for, or her green card if she had it. Alla went to the interview and gave a copy of her green card, our marriage certificate and a copy of the I-129f approval.

[bugsly14 0]

Thank you JimVaPhuong and Gary and Alla! I know she has to start this ASAP. That's why I'm helping her gather information so she could start the process. Guys, I have follow up questions, if you don't mind

Does the K-1 need to submit the receipt of her AOS along with the forms for K-2 visa processing?

I also read something about I-824 Application for Action on an Approved Application or Petition. Does the K-1 need to file this since she has submitted her AOS so she can process the K-2? Or this is not needed and is only confusing us? hehehe

No for both questions.

You may be correct for Manila, Pushbrk. When we did a K-2 to follow in Kiev we DID have to provide evidence that Alla's AOS had (at minimum) bee applied for, or her green card if she had it. Alla went to the interview and gave a copy of her green card, our marriage certificate and a copy of the I-129f approval.

Thanks guys!

[bugsly14 0]

Guys, does the K2 follow to join need form I-134, 1040 of the US citizen petitioner, employment letter of USC and bank statements also?

[Gary and Alla 3,694]

Guys, does the K2 follow to join need form I-134, 1040 of the US citizen petitioner, employment letter of USC and bank statements also?

A K-2 to follow, YES. And it needs to be current and up to date, NOT the same one used for the K-1. The family size will now include the fiancee (wife) that earlier arrived.

For a K-2 at the same time as the K-1, an I-134 is needed but the supporting evidence and need for it is consulate specific. Kiev said YES it is needed, then asked if it was a copy of the "same thing" when I said it was, they detached it and handed it back.

But for our K-2 to follow, 10 months later, yes, definitley needed. You will also need a separate and complete, updated I-864 to file for adjustment of status of the K-2

[pushbrk 12,910]

Thank you JimVaPhuong and Gary and Alla! I know she has to start this ASAP. That's why I'm helping her gather information so she could start the process. Guys, I have follow up questions, if you don't mind

Does the K-1 need to submit the receipt of her AOS along with the forms for K-2 visa processing?

I also read something about I-824 Application for Action on an Approved Application or Petition. Does the K-1 need to file this since she has submitted her AOS so she can process the K-2? Or this is not needed and is only confusing us? hehehe

No for both questions.

You may be correct for Manila, Pushbrk. When we did a K-2 to follow in Kiev we DID have to provide evidence that Alla's AOS had (at minimum) bee applied for, or her green card if she had it. Alla went to the interview and gave a copy of her green card, our marriage certificate and a copy of the I-129f approval.

Whether marriage evidence is required in a follow to join case depends on the time frame. AOS filing evidence would only be required if the parent was going to be out of the US bringing the child to the USA. Asking about something is not the same thing as requiring it. They would not have issued a visa to Alla's child with Alla in Kiev with him at the interview unless they knew she had AP or a green card allowing her to re-enter the USA.

This would not be consulate specific but situational. I may have errantly assumed the 20 year old would be interviewing and traveling alone.

Edited October 4, 2009 by pushbrk

[Gary and Alla 3,694]

Thank you JimVaPhuong and Gary and Alla! I know she has to start this ASAP. That's why I'm helping her gather information so she could start the process. Guys, I have follow up questions, if you don't mind

Does the K-1 need to submit the receipt of her AOS along with the forms for K-2 visa processing?

I also read something about I-824 Application for Action on an Approved Application or Petition. Does the K-1 need to file this since she has submitted her AOS so she can process the K-2? Or this is not needed and is only confusing us? hehehe

No for both questions.

You may be correct for Manila, Pushbrk. When we did a K-2 to follow in Kiev we DID have to provide evidence that Alla's AOS had (at minimum) bee applied for, or her green card if she had it. Alla went to the interview and gave a copy of her green card, our marriage certificate and a copy of the I-129f approval.

Whether marriage evidence is required in a follow to join case depends on the time frame. AOS filing evidence would only be required if the parent was going to be out of the US bringing the child to the USA. Asking about something is not the same thing as requiring it. They would not have issued a visa to Alla's child with Alla in Kiev with him at the interview unless they knew she had AP or a green card allowing her to re-enter the USA.

This would not be consulate specific but situational. I may have errantly assumed the 20 year old would be interviewing and traveling alone.

OK, I understand. My thought was that since the K-2 is derivitive of the K-1 and the K-2 to follow was 10 months later they were looking for some evidence that Alla had actually gone to the US, got married and and filed AOS which kept Sergey's opportunity open. What if Alla had discovered what a jerk I am BEFORE marrying me? Then she would have run home to Ukraine and then what? Could Sergey still apply for a K-2 to follow? Anyway, that was my thought on the requirement. Perhaps wrong, and Alla did return after the trip to Ukraine so I guess I am not such a jerk after all.

Edited October 4, 2009 by Gary and Alla

[pushbrk 12,910]

Thank you JimVaPhuong and Gary and Alla! I know she has to start this ASAP. That's why I'm helping her gather information so she could start the process. Guys, I have follow up questions, if you don't mind

Does the K-1 need to submit the receipt of her AOS along with the forms for K-2 visa processing?

I also read something about I-824 Application for Action on an Approved Application or Petition. Does the K-1 need to file this since she has submitted her AOS so she can process the K-2? Or this is not needed and is only confusing us? hehehe

No for both questions.

You may be correct for Manila, Pushbrk. When we did a K-2 to follow in Kiev we DID have to provide evidence that Alla's AOS had (at minimum) bee applied for, or her green card if she had it. Alla went to the interview and gave a copy of her green card, our marriage certificate and a copy of the I-129f approval.

Whether marriage evidence is required in a follow to join case depends on the time frame. AOS filing evidence would only be required if the parent was going to be out of the US bringing the child to the USA. Asking about something is not the same thing as requiring it. They would not have issued a visa to Alla's child with Alla in Kiev with him at the interview unless they knew she had AP or a green card allowing her to re-enter the USA.

This would not be consulate specific but situational. I may have errantly assumed the 20 year old would be interviewing and traveling alone.

OK, I understand. My thought was that since the K-2 is derivitive of the K-1 and the K-2 to follow was 10 months later they were looking for some evidence that Alla had actually gone to the US, got married and and filed AOS which kept Sergey's opportunity open. What if Alla had discovered what a jerk I am BEFORE marrying me? Then she would have run home to Ukraine and then what? Could Sergey still apply for a K-2 to follow? Anyway, that was my thought on the requirement. Perhaps wrong, and Alla did return after the trip to Ukraine so I guess I am not such a jerk after all.

Yes, to the bold but his application would have been denied. That's where circumstances and time frame come in. If the follow is more than six months after the parent's visa is issued, they would want to know the parent at least used their visa. If so, did they marry. If they married and left the USA, did they file AOS first and obtain AP? Each time the circumstances change, the needed documentation changes.

[bugsly14 0]

Does anybody know how long it will take to process the K-2 follow to join, upon contacting the embassy in Manila and informing them that you want to process it? If ever, will the K-2 be valid for 6 months also, just like the K-1? Maybe someone has already done this process and can give info.

Thank you for the help guys. I'll make sure to write the timeline and the process that my friend will go through so others with the same case can be guided as well. I just hope everything goes well for her child's k-2. Crossing our fingers

[pushbrk 12,910]

Does anybody know how long it will take to process the K-2 follow to join, upon contacting the embassy in Manila and informing them that you want to process it? If ever, will the K-2 be valid for 6 months also, just like the K-1? Maybe someone has already done this process and can give info.

Thank you for the help guys. I'll make sure to write the timeline and the process that my friend will go through so others with the same case can be guided as well. I just hope everything goes well for her child's k-2. Crossing our fingers

It shouldn't take more than a few weeks. Certainly the visa is valid for six months but he needs to get here and file the AOS as quickly as possible, certainly before he ages out.