Need Urgent Help Please!

[isitasham 1]

Hello All,

My fiancee and her two children have received their K-1 and K-2 visas. Problem is that my fiancee's 14 year old daughter is now refusing to travel to the US (two days before the flight). Reason - she is 14 and doesn't want to leave her cozy environment at home - we have tried everything.

Staying back in india for her is not a big issue as she is living with my fiancee's mom and is very close to her. We are willing to give her the space till she is out of this "odd 14 year stage", however, we want to make sure that the doors are not closed for her to travel to US when she gets her senses back.

Possibility 1:

Her K-2 visa is good till Oct. 2010 - she may change her mind by then (hopefully) - then it should't be a problem, I suppose?

Possibility 2:

Can I file for her AOS even if she doesn't travel to the US? Her status is derived through her mom so is it possible?

Possibility 3:

She may not get her senses back till a few years from now - in which case her mom can file for the daughter when she gets her citizenship (in 3-4 years)? Any issues there?

I am looking for any suggestions/ pitfalls etc that we might run into right from the point my fiancee enters the US (POE) of AOS etc.

Thank you in advance.

[payxibka 10,045]

Hello All,

My fiancee and her two children have received their K-1 and K-2 visas. Problem is that my fiancee's 14 year old daughter is now refusing to travel to the US (two days before the flight). Reason - she is 14 and doesn't want to leave her cozy environment at home - we have tried everything.

Staying back in india for her is not a big issue as she is living with my fiancee's mom and is very close to her. We are willing to give her the space till she is out of this "odd 14 year stage", however, we want to make sure that the doors are not closed for her to travel to US when she gets her senses back.

Possibility 1:

Her K-2 visa is good till Oct. 2010 - she may change her mind by then (hopefully) - then it should't be a problem, I suppose?

Possibility 2:

Can I file for her AOS even if she doesn't travel to the US? Her status is derived through her mom so is it possible?

Possibility 3:

She may not get her senses back till a few years from now - in which case her mom can file for the daughter when she gets her citizenship (in 3-4 years)? Any issues there?

I am looking for any suggestions/ pitfalls etc that we might run into right from the point my fiancee enters the US (POE) of AOS etc.

Thank you in advance.

Possibility 1 = Possible

Possibility 2 = Impossible.... needs to be present in the USA to adjust status, because without entry she has NO status to adjust from/to

Possibility 3 = Possible, but is also possible for you as the stepparent USC to petition for her as well, no need to wait for her mom to obtain her US Citizenship

[isitasham 1]

Hi payxibka,

Thanks for the suggestion.

Do you know if my fiancee could run into any issues when she is being interviewd at the POE ? Could they ask her questions as to why the daughter isn't travelling with her or anything?

Thanks!

[pushbrk 12,876]

Possibility 1 = Possible

Possibility 2 = Impossible.... needs to be present in the USA to adjust status, because without entry she has NO status to adjust from/to

Possibility 3 = Possible, but is also possible for you as the stepparent USC to petition for her as well, no need to wait for her mom to obtain her US Citizenship

Exactly correct.

[Audy_Rob 26]

Hi payxibka,

Thanks for the suggestion.

Do you know if my fiancee could run into any issues when she is being interviewd at the POE ? Could they ask her questions as to why the daughter isn't travelling with her or anything?

Thanks!

She needs to tell the truth. The daughter refused to go and stayed back in India with Grandmother, etc... I do not see how not joining her mother can be a stumbling block when attempting to enter at the POE.

[payxibka 10,045]

Hi payxibka,

Thanks for the suggestion.

Do you know if my fiancee could run into any issues when she is being interviewd at the POE ? Could they ask her questions as to why the daughter isn't travelling with her or anything?

Thanks!

POE does not care if a K-2 enters concurrently or after the K-1 or at all.... they only care that the K-1 enters first.

Edited April 30, 2010 by payxibka

[isitasham 1]

POE does not care if a K-2 enters concurrently or after the K-1 or at all.... they only care that the K-1 enters first.

Thank you all for the input. Sorry, I have been having problems with my vj settings and couldn't check these responses sooner.

Thanks!