Residency Rules For Child On K-2

[Waitinggent 2]

My fiance has her interview in February in Moscow. We are including her son to follow within 1 year on a K-2, as we think the option of living in the USA could be valuable to him in the future given the poor Ukrainian economy as well as allowing him to visit us whenever he wants if he should decide to stay in Russia or Ukraine after his 4 years at the University in Russia. Her son is not sure he wants to get a U.S. green card (AOS) as he and my fiancee believe that it will require him to make a certain number of visits to the US each year and spend a certain amount of time each year in the USA. Can anyone tell me what are the residency requirements for a child coming on a K-2 to maintain his conditional green card. I didn't realize there were any residency requirements, but I thought his green card (AOS) was simply a function of his mother getting a K-1 followed by a green card.

[payxibka 10,045]

My fiance has her interview in February in Moscow. We are including her son to follow within 1 year on a K-2, as we think the option of living in the USA could be valuable to him in the future given the poor Ukrainian economy as well as allowing him to visit us whenever he wants if he should decide to stay in Russia or Ukraine after his 4 years at the University in Russia. Her son is not sure he wants to get a U.S. green card (AOS) as he and my fiancee believe that it will require him to make a certain number of visits to the US each year and spend a certain amount of time each year in the USA. Can anyone tell me what are the residency requirements for a child coming on a K-2 to maintain his conditional green card. I didn't realize there were any residency requirements, but I thought his green card (AOS) was simply a function of his mother getting a K-1 followed by a green card.

residency requirements are the same for ALL permanent residents... and is no different for a 2 yr card or a 10 yr card. The "conditions" attached to the 2 yr card is all about a "bonafide" marriage relationship. However, you can have a bonafide relationship and still lose your residency...

google "maintaining permanent residency"

[Gary and Alla 3,694]

My fiance has her interview in February in Moscow. We are including her son to follow within 1 year on a K-2, as we think the option of living in the USA could be valuable to him in the future given the poor Ukrainian economy as well as allowing him to visit us whenever he wants if he should decide to stay in Russia or Ukraine after his 4 years at the University in Russia. Her son is not sure he wants to get a U.S. green card (AOS) as he and my fiancee believe that it will require him to make a certain number of visits to the US each year and spend a certain amount of time each year in the USA. Can anyone tell me what are the residency requirements for a child coming on a K-2 to maintain his conditional green card. I didn't realize there were any residency requirements, but I thought his green card (AOS) was simply a function of his mother getting a K-1 followed by a green card.

The child must be a permanent resident of the US to get a green card. This means he uses your address and does not leave the USA for more than one year (continuously) without an AP. He CAn go to school out of the country but should plan on returning every summer (at least) to maintain his residency. He also needs to be listed on your tax reurn as a dependent OR file his own income tax return. He should obtain sme form of US ID showing his permanent residence in addition to the green card (not required but it helps)

He qualifies to apply for a green card as the minor child of his K-1 mother. He must maintain his green card on his own after it is issued and meet all qualifications as any other green card holder.

Our oldest son is a student in Moscow also and returns each summer, he can work here during the summer if he chooses and has a Vermont drivers license. we have the same plan. Once he finishes his education, he can decide where he wishes to live and where he wishes to be a citizen for that matter.

[payxibka 10,045]

The child must be a permanent resident of the US to get a green card. This means he uses your address and does not leave the USA for more than one year (continuously) without an AP or Greencard or a re-entry permit will be needed. He CAn go to school out of the country but should plan on returning every summer (at least) to maintain his residency. He also needs to be listed on your tax reurn as a dependent OR file his own income tax return. He should obtain sme form of US ID showing his permanent residence in addition to the green card (not required but it helps)

He qualifies to apply for a green card as the minor child of his K-1 mother. He must maintain his green card on his own after it is issued and meet all qualifications as any other green card holder.

Our oldest son is a student in Moscow also and returns each summer, he can work here during the summer if he chooses and has a Vermont drivers license. we have the same plan. Once he finishes his education, he can decide where he wishes to live and where he wishes to be a citizen for that matter.

[pushbrk 12,898]

The document he needs for leaving more than a year is a re-entry permit, not AP (Advance Parole). Even WITH a green card, he'll need the permit. On his first entry, he must remain in the USA until he has either AP or a green card.

[Gary and Alla 3,694]

The document he needs for leaving more than a year is a re-entry permit, not AP (Advance Parole). Even WITH a green card, he'll need the permit. On his first entry, he must remain in the USA until he has either AP or a green card.

Excuse me...wrong term.

Yes, our son came in July on a k-2 to follow and was issued an AP within a couple weeks by the local office. We aplied for the AP at the local office AFTER applying for the AOS and took the reciept for the AOS with us to the local office infopass appointment. We had all the AOS papers ready when he arrived and filed the next day. As it happened, he also received his green card 3 days before returning to Moscow for school, but he did have an AP already in case he did not get his green card before leaving. He will not be gone for more than one year.

[Waitinggent 2]

Thanks for the useful info. To follow up, I have 3 other questions:

1) If we get my fiancee's son a green card, but he abandons it (stays away too long, for example, or decides that he definitely doesn't want to live in the USA), will that hurt his chances for getting a multi-entry tourist visa to be able to visit his mom and I from time to time?

2) I read that once his mom gets her permanent green card (presumably in 2 years), that she can petition for other family members to immigrate to the USA. Is that true? I assumed that she needed to be a citizen to do this. I am curious if this is another possibility, although I understand that the petition can easily be denied.

3) Does anyone know if it is difficult to get a visa for a son or daughter to visit their mother in the USA who has a conditional green card?

[Waitinggent 2]

Gary,

Does your son in Moscow have a social security number (SSN)? Is an SSN necessary for you to decare him on your income tax? Must he wait for his green card to file for an SSN? Did you adopt your son, and is adoption necessary to claim him as a dependent.

Thanks much for your always valuable assitance.

The child must be a permanent resident of the US to get a green card. This means he uses your address and does not leave the USA for more than one year (continuously) without an AP. He CAn go to school out of the country but should plan on returning every summer (at least) to maintain his residency. He also needs to be listed on your tax reurn as a dependent OR file his own income tax return. He should obtain sme form of US ID showing his permanent residence in addition to the green card (not required but it helps)

He qualifies to apply for a green card as the minor child of his K-1 mother. He must maintain his green card on his own after it is issued and meet all qualifications as any other green card holder.

Our oldest son is a student in Moscow also and returns each summer, he can work here during the summer if he chooses and has a Vermont drivers license. we have the same plan. Once he finishes his education, he can decide where he wishes to live and where he wishes to be a citizen for that matter.

[pushbrk 12,898]

Thanks for the useful info. To follow up, I have 3 other questions:

1) If we get my fiancee's son a green card, but he abandons it (stays away too long, for example, or decides that he definitely doesn't want to live in the USA), will that hurt his chances for getting a multi-entry tourist visa to be able to visit his mom and I from time to time?

2) I read that once his mom gets her permanent green card (presumably in 2 years), that she can petition for other family members to immigrate to the USA. Is that true? I assumed that she needed to be a citizen to do this. I am curious if this is another possibility, although I understand that the petition can easily be denied.

3) Does anyone know if it is difficult to get a visa for a son or daughter to visit their mother in the USA who has a conditional green card?

1. No, what will hurt his chances is being Russian with a mother permanently residing in the USA. In one way, his abandonment of status may help him show he has no immigrant intent and HELP him get a visitor visa.

2. Yes, it's true but it takes a long time for a visa to become available for family of an LPR.

3. See answer 1. Yes, from Russia.

[Gary and Alla 3,694]

Gary,

Does your son in Moscow have a social security number (SSN)? Is an SSN necessary for you to decare him on your income tax? Must he wait for his green card to file for an SSN? Did you adopt your son, and is adoption necessary to claim him as a dependent.

Thanks much for your always valuable assitance.

Yes, he does now. K2s must have a green card (or EAD) to get an SSN. His green card arrived just in time for him to get an SSN before he left.

No, it is not necessary for him to have an SSN to claim him on taxes. We claimed him on our taxes for 2008 but he did not have an SSN. Write in "pending" and mail a paper return. Without an SSN you cannot file electronically. No, I did not adopt him and No itis not necessary to adopt them. They are dependents as long as they are under 18 OR college students and not emancipated.

[Gary and Alla 3,694]

1. No, what will hurt his chances is being Russian with a mother permanently residing in the USA. In one way, his abandonment of status may help him show he has no immigrant intent and HELP him get a visitor visa.

2. Yes, it's true but it takes a long time for a visa to become available for family of an LPR.

3. See answer 1. Yes, from Russia.

Pushbrk is right on as usual. But for clarification...the LPR does not have to have the 10 year green card. Your wife can petition relatives immediately when she has her 2 year green card. Yes, she will be waiting a long time for a visa number.

[payxibka 10,045]

2. Yes, it's true but it takes a long time for a visa to become available for family of an LPR.

3. See answer 1. Yes, from Russia.

2) Yes, a helluva long time for siblings and parents... as an LPR can petition for children and that is it...