Bring child after K1 in process

[JerryD 1]

When we initially filed the K1 visa my fiancés son wanted to stay in Ukraine to finish school. Consequently he was not included on the original application with his mother.

We were married last December, biometrics now complete and we are waiting for the interview process. In the mean time her son, who is 17 years old has decided he wants to join us here in the US.

Can anyone advise me as to the best course of action to accomplish his request?

[payxibka 10,047]

When we initially filed the K1 visa my fiancés son wanted to stay in Ukraine to finish school. Consequently he was not included on the original application with his mother.

We were married last December, biometrics now complete and we are waiting for the interview process. In the mean time her son, who is 17 years old has decided he wants to join us here in the US.

Can anyone advise me as to the best course of action to accomplish his request?

Was he listed on the I-129F?

[JerryD 1]

Was he listed on the I-129F?

He was listed but not a come with her. We do not have a release from his father.

[pushbrk 13,027]

When we initially filed the K1 visa my fiancés son wanted to stay in Ukraine to finish school. Consequently he was not included on the original application with his mother.

We were married last December, biometrics now complete and we are waiting for the interview process. In the mean time her son, who is 17 years old has decided he wants to join us here in the US.

Can anyone advise me as to the best course of action to accomplish his request?

Then get the necessary permission document and notify the Consulate to send an application packet for the stepson. He would only have been named in the petition. He'll need his own visa application in order to obtain a visa to follow to join within a year of his mother's visa issue date.

If you are unable to obtain the necessary permission, then file an I-130 for your stepson, so once he's 18 he can obtain the visa without the permission.

Edited May 8, 2010 by pushbrk

[JerryD 1]

Thank you

[payxibka 10,047]

Then get the necessary permission document and notify the Consulate to send an application packet for the stepson. He would only have been named in the petition. He'll need his own visa application in order to obtain a visa to follow to join within a year of his mother's visa issue date.

If you are unable to obtain the necessary permission, then file an I-130 for your stepson, so once he's 18 he can obtain the visa without the permission.

If I remember correctly, I think in Ukraine the cut-off for the permission slip is 16

[JerryD 1]

If I remember correctly, I think in Ukraine the cut-off for the permission slip is 16

Any idea how I can find out.

[payxibka 10,047]

Any idea how I can find out.

ask the consulate... KyivIV@state.gov

[Rwlaird 18]

It is 16. You can find the KEV-1 instruction sheet on the embassy website:

http://web.usembassy.kiev.ua/visa_K1K2_eng.html

• TO OBTAIN A VISA FOR A CHILD UNDER 16 ONE OF THESE IS REQUIRED:

- Court decree granting sole custody to the parent applying for a U.S. visa; OR

- Notarized consent letter from the left-behind parent permitting the permanent residency of the child in the U.S. WITH a photocopy of left-behind parent’s passport ID page (to confirm identity and signature of the person granting permission); OR

- Death certificate, if the other parent is deceased; OR

- The left-behind parent may appear in person to sign the consent statement.

Personal appearance of the non-immigrating parent is, however, an option for those families who wish to choose it.

If the left-behind parent is not in Ukraine, s/he should have his/her consent letter notarized at the nearest Ukrainian or U.S. Embassy/consulate in the country where s/he is located, and then submit that notarized statement with a photo-copy of his/her passport ID page. The parent should send the documents to the visa applicant.

If the immigrating parent cannot locate the other parent (e.g., if they have been estranged for many years), then s/he should obtain a Ukrainian court decree establishing that s/he has custody/control of the child or a court decree pronouncing the other parent missing.

[Rwlaird 18]

I'm new to this forum and not sure how to start a new topic but since my question is closely related I hope it's OK to post it here.

My girlfriend's ex-husband doesn't want their son to leave the country. Her son has already told her that they should move to the USA and he doesn't even know about me yet. She thinks that her ex-husband will eventually agree if her son tells him that he wants to go. She thinks that she would like to come alone at first and then bring her son later. She asked how long she would have to wait to get the visa for her son. I explained to her that if we sent in the visa application tomorrow it would probably be about 5 or 6 months before we would get it approved so that we could schedule the interview - at which time she would need the signed document from her ex-husband to allow her son to leave the country. If he still hasn't agreed to sign the document at that time could she get her visa and come alone and then later get a visa for her son once the ex-husband agrees?

Thanks!

[payxibka 10,047]

I'm new to this forum and not sure how to start a new topic but since my question is closely related I hope it's OK to post it here.

My girlfriend's ex-husband doesn't want their son to leave the country. Her son has already told her that they should move to the USA and he doesn't even know about me yet. She thinks that her ex-husband will eventually agree if her son tells him that he wants to go. She thinks that she would like to come alone at first and then bring her son later. She asked how long she would have to wait to get the visa for her son. I explained to her that if we sent in the visa application tomorrow it would probably be about 5 or 6 months before we would get it approved so that we could schedule the interview - at which time she would need the signed document from her ex-husband to allow her son to leave the country. If he still hasn't agreed to sign the document at that time could she get her visa and come alone and then later get a visa for her son once the ex-husband agrees?

Thanks!

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Yes, the child can come on a K-2 based on the original I-129f for up to one year after the K-1 is issued. If after that time frame, then the child could still come based on a new petition (I-130) if the child was under 18 when you became the USC stepparent.