K2 Visa and 1 Year Time Limit from K1 Issue Date

[datamon 0]

K2 Visa and 1 Year Time Limit from K1 Issue Date

My wife had her K1 visa issued on 11/25/2009. We are now married and have been trying to get her minor child from Nigeria to join us. The child was marked as "follow to join". We started the K2 process on 6/3/2010, but due to several delays with the embassy, it is still an on-going issue.

The latest is that they want DNA tests to confirm my wife's relationship with her daughter. My wife had her sample taken several days after being notified and a sample kit was sent to Lagos where my step-daughter will get her sample taken. However, they have scheduled her to come and give her sample on 11/24/2010, approximately 12 weeks after they received the sample kit. After the sample is given, it will be sent back to the US for the comparison test and then the results get sent back to Lagos. From there, I assume an additional interview will be needed.

So, this process, even though it was started about 6 months after the K1 visa was issued, will not be complete within the 12 month limit. It may extend to 13, 14, or even 15 months.

Any suggestions? We have contacted the embassy to try to get the blood sample date moved up, but have not received any response.

[Gary and Alla 3,694]

K2 Visa and 1 Year Time Limit from K1 Issue Date

My wife had her K1 visa issued on 11/25/2009. We are now married and have been trying to get her minor child from Nigeria to join us. The child was marked as "follow to join". We started the K2 process on 6/3/2010, but due to several delays with the embassy, it is still an on-going issue.

The latest is that they want DNA tests to confirm my wife's relationship with her daughter. My wife had her sample taken several days after being notified and a sample kit was sent to Lagos where my step-daughter will get her sample taken. However, they have scheduled her to come and give her sample on 11/24/2010, approximately 12 weeks after they received the sample kit. After the sample is given, it will be sent back to the US for the comparison test and then the results get sent back to Lagos. From there, I assume an additional interview will be needed.

So, this process, even though it was started about 6 months after the K1 visa was issued, will not be complete within the 12 month limit. It may extend to 13, 14, or even 15 months.

Any suggestions? We have contacted the embassy to try to get the blood sample date moved up, but have not received any response.

The K2 visa MUST be ISSUED within 12 months of your wife's. It is your obligation to be sure it happens, whatever is needed.

If the child was under 18 when you were married the child is considered YOUR child and you can file an I-130 petition for alien relative for the child. This is basically a CR-2. The only limits are that the child was under 18 when you marreid and is under age 21 when the visa is issued. It typically takes 9-12 months to issue a CR-2. Could be longer for Nigeria and the DNA test will likely still be required so I wouldn't put that off.

Other options...

Is it possible to get some independent laboratory to do this faster? Would it be acceptable? Other than that there is little hope for a K2 visa.

For other people in this situation...

When children are involved you need to determine exactly what will be needed for them to follow to join from each consulate in advance...a letter of permission from the other biological parent is a very common requirement and often a sticking point that can take weeks or months to negotiate (not sure if the OP needs one of those). You NEED to find out what these things are and do them in advance of filing your petition. DNA tests are known to be required by many consulates. Lagos is the most difficult consulate to deal with in the world...in a class all by themselves for difficulty, they will have every hurdle imagineable and they all must be cleared before 12 months. Starting the process within 12 months does not count.

Fortunately it appears that the OP has a way out, but it will be more expensive and take longer. I would suggest finding out if their is a faster alternative for testing, today would be a good day to do that. If no, then file the I-130 petition tomorrow. You will not need the DNA test for the petition.

[datamon 0]

Is it possible to get some independent laboratory to do this faster? Would it be acceptable?

Thank you for the information.

The DNA test is being done at an independent lab (the lab must meet a certain type of accreditation). The embassy, evidently, requires the foreign person to appear in-person for the blood sample to be taken, and that is where the 3 month delay is.

Edited September 13, 2010 by datamon

[Gary and Alla 3,694]

Thank you for the information.

The DNA test is being done at an independent lab (the lab must meet a certain type of accreditation). The embassy, evidently, requires the foreign person to appear in-person for the blood sample to be taken, and that is where the 3 month delay is.

Your first post stated your wife had this done before she left and you did not know there was a 3 month delay? At any rate, your option to get the K2 is gone if that is the case. Are they the ones delaying it until November, or you? If it is because of you, I would say, get the kid in there sooner no matter what it takes. My guess is that it is them and you didn't allow enough time for the processing of the visa.

I would go through with the DNA test as scheduled as you will need it for the CR-2 as well. File the I-130 as soon as possible. Today if possible. You do not need the DNA test to file the petition.

[datamon 0]

Your first post stated your wife had this done before she left and you did not know there was a 3 month delay? At any rate, your option to get the K2 is gone if that is the case. Are they the ones delaying it until November, or you? If it is because of you, I would say, get the kid in there sooner no matter what it takes. My guess is that it is them and you didn't allow enough time for the processing of the visa.

I would go through with the DNA test as scheduled as you will need it for the CR-2 as well. File the I-130 as soon as possible. Today if possible. You do not need the DNA test to file the petition.

My wife did not require a DNA test for her K1 visa. My wife and daughter need to prove their relationship for my step-daughter's K2 visa, that is why a DNA test is needed now. And yes, it is the embassy delaying the blood sample appointment until November. My wife has already had hers done here in the US. The US lab is awaiting the blood sample from her daughter to be sent back here from Lagos for the actual testing.

We started communicating with Lagos on June 3, approximately 6 months prior to the K1 expiring. It seems unreasonable to make someone wait 3 months just to give 8 drops of blood. Wish we had further recourse. An email to them requesting moving the date up has not been answered.

Edited September 13, 2010 by datamon

[Dakine 26]

Have you contacted your senator or congressman yet for help?

It's election time and you may get fast action!!

Edited September 13, 2010 by Dakine