K-2 before K-1?

[Dave-n-Oksana 49]

Here is the situation. Oksana's daughter wants to return to Ukraine this summer before she starts college here. Now the flights are not cheap and with the fees for AOS makes doing both AOS and the trip very iffy at this time.

The question is can the K-2 start the AOS before the K-1 and receive her AP?

[VanessaTony 3,567]

No. The K2 is dependant on the K1. If the USCIS determines your relationship is fake then the K2 is voided as well. If the relationship is proved to be real then you get the greencard and so your K2 can get the greencard as well.

[Brad and Vika 129]

No. The K2 is dependant on the K1. If the USCIS determines your relationship is fake then the K2 is voided as well. If the relationship is proved to be real then you get the greencard and so your K2 can get the greencard as well.

[Dave-n-Oksana 49]

Thanks for the information. I was afraid that was the situation but I wanted confirm.

[Gary and Alla 3,694]

Here is the situation. Oksana's daughter wants to return to Ukraine this summer before she starts college here. Now the flights are not cheap and with the fees for AOS makes doing both AOS and the trip very iffy at this time.

The question is can the K-2 start the AOS before the K-1 and receive her AP?

No. K-2 is derivitive of the K-1. You can file both concurrently.

Here is what you need to do and exactly what we dd for our son who came for the summer, adjusted status and then returned. bear in mind he was a K-2 to follow and Alla already had her AOS completed. This may or may not make a difference.

File AOS for both but DO NOT file the I-131 for the daughter. When you receive her I-797C for her AOS (the "NOA1") Make an infopass appointment at your local USCIS office. Go to speak to them and explain the situation. Take the I-797C for your wife also. The local office CAN process an AP. The AP can be sent to you OR sent to the consulate in Ukraine. Depending on her planned departure. The local office can also do the biometrics while she is there for the infopass. This is important because you want to clarify she will NOT be here for an interview. K-2s usually do not need an interview anyway but you want this cleared up with the local office. She will get her AP (we had ours in about 10 days) and the green card can be sent to you or sent to the consulate in a foreign country.

You MUST be clear that this is for EDUCATIONAL purposes. They will NOT do this so she can have a fun summer with her friends. We also showed enrollment and PAYMENT for the upcoming school year (current school year) and his student ID (it is his 3rd year at the university). Our local office was VERY accomodating.

The other option is to file both AOS cases now, as normal, and they will likely be finished well before the school year commences.

If she leaves before she has an AP she will forfeit her status and ability to get a green card as a K-2. I would suggest she keep that privilege even it it means skipping a semester of school as it will be very valuable in the future.