Child to accompany versus child to follow

[TomT2566 1]

I am soliciting comments about any immigration complications which might arise from one of the options.

[Chris_Жанна 11]

I am soliciting comments about any immigration complications which might arise from one of the options.

They all have their own unique complications. If that is what you are asking?

[Chris_Жанна 11]

I am soliciting comments about any immigration complications which might arise from one of the options.

They all have their own unique complications. If that is what you are asking?

I'm sorry, I though your question was about visas for your wife/husband.fiance.

I forgot to read the headline, sorry.

[Penguin_ie 5,993]

There isn't any extra complications with either option, though if the mom is from far away, you may want to consider the extra expense of her going to get the child (assuming child is not old enough to travel by itself), as well as the emotional pain of the separation on both of them.

[pushbrk 12,881]

I am soliciting comments about any immigration complications which might arise from one of the options.

Is there a question in there somewhere?

[NArocks 13]

As the question is Very un clear and you have not filled in your time line, I would need a little ( well a lot ) more information to better understand this.

[TomT2566 1]

Indeed, the pain of separation and the necessity of an extra round trip are a given, but may be unavoidable.

Are any additional documents, embassy visits or approvals required if a child follows at a later date.

p.s.

Interview appointment: 22 December

[NArocks 13]

Are you applying for the K1? If so then the child can follow to Join with in a year.

What country? All countries have differnt exit requiremtns for the child.

If it is a CR or IR visa then a seperate I-130 needs to filled out for the child.

Again a little more informaiton goes a long way in helping you

[Gary and Alla 3,694]

I am soliciting comments about any immigration complications which might arise from one of the options.

I've done both. we didn't have any complications at all with either. The AOS seems to go faster if it is a "to follow" and the parent has already completed AOS. What complications do you expect?

The K-2 to follow (or CR-2 or K-4, you don't say which) must be issued within one year of the parents visa, that is the really hard line. Other than that it is a very simple process. PM or email me if you need specifics.

[Gary and Alla 3,694]

Indeed, the pain of separation and the necessity of an extra round trip are a given, but may be unavoidable.

Are any additional documents, embassy visits or approvals required if a child follows at a later date.

p.s.

Interview appointment: 22 December

Yes. They will have their own visa interview. But the child must apply for a visa whether they come together with the mother or later. But if they come later, yes, another interview at a later date rather than together. We did it because our oldest son was starting college at the time Alla came, so we delayed his visa until this summer. It went really well but yes, it was another trip to get him, interview etc. However we planned a summer trip to Ukraine anyway...so. For us the separation was not so difficult as it was his 2nd year and he was going away to Mosocw for school anyway, so it wasn't like he was home in Donetsk most of the time anyway...but that is a personal consideration to be sure.

There are no additional documents other than what you would need anyway. Each person has to submit their own application, even for an infant. The only thing "extra" we had to provide was a copy of our marriage certificate and Alla's green card for the "to follow" visa.

[Gary and Alla 3,694]

Are you applying for the K1? If so then the child can follow to Join with in a year.

What country? All countries have differnt exit requiremtns for the child.

If it is a CR or IR visa then a seperate I-130 needs to filled out for the child.

Again a little more informaiton goes a long way in helping you

And a correction on my previous statement. The one year rule applies to K-2 only. Sorry. HOWEVER for a CR-2 or K-4 the marriage that establishes the petitioner relationship for the child MUST have occured before the child's 18th birthday. For the K-2 the child can be up to age 21 with no pre-qualifying marriage.

Please let us know your visa and intent

[pushbrk 12,881]

Are you applying for the K1? If so then the child can follow to Join with in a year.

What country? All countries have differnt exit requiremtns for the child.

If it is a CR or IR visa then a seperate I-130 needs to filled out for the child.

Again a little more informaiton goes a long way in helping you

And a correction on my previous statement. The one year rule applies to K-2 only. Sorry. HOWEVER for a CR-2 or K-4 the marriage that establishes the petitioner relationship for the child MUST have occured before the child's 18th birthday. For the K-2 the child can be up to age 21 with no pre-qualifying marriage.

Please let us know your visa and intent

K4 has the same follow to join rules as the K2, and may obtain the visa even if the marriage occurred after their 18th birthday. CR2 has not follow to join restrictions but the marriage does have to occur before the 18th birthday.

In the case of a K4 where the marriage was after the 18th birthday, they have a two-year visa but cannot adjust status based on the step-child relationship.

Edited November 15, 2009 by pushbrk

[Gary and Alla 3,694]

Are you applying for the K1? If so then the child can follow to Join with in a year.

What country? All countries have differnt exit requiremtns for the child.

If it is a CR or IR visa then a seperate I-130 needs to filled out for the child.

Again a little more informaiton goes a long way in helping you

And a correction on my previous statement. The one year rule applies to K-2 only. Sorry. HOWEVER for a CR-2 or K-4 the marriage that establishes the petitioner relationship for the child MUST have occured before the child's 18th birthday. For the K-2 the child can be up to age 21 with no pre-qualifying marriage.

Please let us know your visa and intent

K4 has the same follow to join rules as the K2, and may obtain the visa even if the marriage occurred after their 18th birthday. CR2 has not follow to join restrictions but the marriage does have to occur before the 18th birthday.

In the case of a K4 where the marriage was after the 18th birthday, they have a two-year visa but cannot adjust status based on the step-child relationship.

OK, thanks! I will say this.

If we are dicussing a K-2 and if your consideration is because of education, a K-2 to follow may be your best bet. If the K-1 mother arrives first and adjusts status prior to the arrival of the K-2, it is possible to move things along quickly in the K-2 AOS. Our son arrived here July 16th, we filed his AOS July 17th. He had an AP in about 3 weeks and his green card in hand 3 days before he returned to Russia on September 8th. It takes a little doing, and some planning and some preparation...but it can be done within a school summer recess and they miss none of their education. It worked perfectly for us, exactly as we planned.

[TomT2566 1]

Are you applying for the K1? If so then the child can follow to Join with in a year.

What country? All countries have differnt exit requiremtns for the child.

If it is a CR or IR visa then a seperate I-130 needs to filled out for the child.

Again a little more informaiton goes a long way in helping you

And a correction on my previous statement. The one year rule applies to K-2 only. Sorry. HOWEVER for a CR-2 or K-4 the marriage that establishes the petitioner relationship for the child MUST have occured before the child's 18th birthday. For the K-2 the child can be up to age 21 with no pre-qualifying marriage.

Please let us know your visa and intent

Please pardon the delay in my response; I am drowning in paper at the moment.

The 22 December interview will be in Almaty, Kazakhstan for K-1/K-3 visas. The child is five years old and it is not yet known whether or not the father's parental consent document will be available at the time of the interview. The plot thickens because the embassy package made no mention of this document, so they might issue a K-3 for the boy without it. This may not do much for us in the long term, however; even if the boy makes it through Kazakhstan departure Passport Control without the document, it is unlikely that we could later proceed with AOS without it.

This situation is beginning to resemble jumping into a hole in total darkness without having any idea how far one will fall before hitting bottom.

[SuperDuper! 230]

Are you applying for the K1? If so then the child can follow to Join with in a year.

What country? All countries have differnt exit requiremtns for the child.

If it is a CR or IR visa then a seperate I-130 needs to filled out for the child.

Again a little more informaiton goes a long way in helping you

Please, let's not pry for personal information!

Edited November 15, 2009 by Hopp