Calling all K-2 AOSers - past and present

[Nadiia and Eric 1]

Was her son listed on the I-129F? If so, then depending on the consulate if they would require him to attend interview then he should go with his mother, normally if under 14 would not need to go to interview. If he is on the petition he could apply on her K-1 and be issued his K-2 then after the K-1 visa is approved he would need to follow within 1 Year of the issue. So yes he would be able to come in July for school in August. I don't know for sure about how it would go with adjusting status.

[SunDrop 59]

Thanks for any advice!

Don't forget, his AOS is going to be more expensive if you don't do them together.

I personally wouldn't do it separately, but appreciate that for some people it's a practical and/or financial issue more than anything. I knew that this was going to be a significant event in my daughter's life, mine too although I'd done several international moves as a kid, and being separated for up to 6 months and then loaded onto a plane, landing in a new country and going almost straight into a new school would be asking a heck of a lot on a young mind and heart.

I didn't have any problems adjusting at the same time as my daughter. We're still working things out as a family, like making sure she has time to hang out with her step-father without me being around. I would have enjoyed the time as a couple without a child, but she's part of me and has been for as long as he's known me. It's been awesome that she's been able to come home from school to me and it's helped her with gaining friends, in that she can have them come over after school when she never really could back in the UK because I was at work and she was at an after school club.

I guess my question back would be why really would it be better for Mom to travel first?

[Nadiia and Eric 1]

If you look at my timeline, there was a big gap before my wife and stepson got here, the reason was he was still attending at university till July 2010. We decided instead of taking him out of class that he should finish, the only thing different is that he had no one to stay with. I don'y believe in seperating family, I'm sure that you do not like the fact of being seperated from your fiancee', so assume that they would not like to be separated either

even though they are now. I did see another post of this topic in K-1 Visa Forum and yes you can save money by doing what they meantion but also remember you will have to show a sstepchild relationship. If you wait till later will you or your fiancee' go to get him? It is diffently you and your fiancee's choice on what to do. I also agree wwith what Sundrop said "I guess my question back would be why really would it be better for Mom to travel first?"

[Nadiia and Eric 1]

If you look at my timeline, there was a big gap before my wife and stepson got here, the reason was he was still attending at university till July 2010. We decided instead of taking him out of class that he should finish, the only thing different is that he had no one to stay with. I don't believe in separating family, I'm sure that you do not like the fact of being seperated from your fiancee', so assume that they would not like to be separated either

even though they are now. I did see another post of this topic in K-1 Visa Forum and yes you can save money by doing what they meantion (but also remember you will have to show a stepchild relationship) but I also know that there was no additional charge for the the child on K-2 especially with age. If you wait till later will you or your fiancee' go to get him? It is diffently you and your fiancee's choice on what to do. The understanding I have is you do want to us the K-2 Visa route. I also agree with what Sundrop said "I guess my question back would be why really would it be better for Mom to travel first?"

[REINITA♥REY 8]

Hi Sundrop and Nadila & Eric. Sorry for not giving more info before.....I am the USC-Female, my fiance is the beneficiary-Male. Currently my fiances son lives with his mother but he spends a great amount of time with his father and stays with his father some of the time also. He would prefer to live with his father, the mothers household situation is not ideal. There has never been any formal child custody arrangements and the mother has agreed to give the father full custody for the boy to come live with us in the US. This paperwork is being processed now.

My fiance wants to be the provider and contribute to the household financially, but he knows he will need his work auth papers first. We of course would like the time alone together, but mainly we had decided to wait to bring the son so my fiance can adjust and get himself situated. Also since school starts here in August, we were thinking of going back for him in July so he can relax get used to the new environment for about a month before school starts. We will both be working so arrangements for summer camp/etc can be figured out by then also. The additional fees for the AOS aren't as much as a concern for us as the additional trip to Peru will be. We have time to rethink and change plans, but if we stick with the same plan the main current concern is that my then husband will not get travel papers in time for July...so he will be stuck here. If that happens we will need to decide if ...I should go for the boy, possibly arrange for a family member to escort him here, or wait out the travel papers....it's my understanding the K2 has validity of 6 months, so should we get both the K1 & K2 now, or wait and get the K2 when we can go back to Peru.

Nadila & Eric-When you say 'no additional charge for the K2', do you mean it is not an additional $350 at the consulate?

Edited January 15, 2011 by LADUQUE13

[Nadiia and Eric 1]

Hi Sundrop and Nadila & Eric. Sorry for not giving more info before.....I am the USC-Female, my fiance is the beneficiary-Male. Currently my fiances son lives with his mother but he spends a great amount of time with his father and stays with his father some of the time also. He would prefer to live with his father, the mothers household situation is not ideal. There has never been any formal child custody arrangements and the mother has agreed to give the father full custody for the boy to come live with us in the US. This paperwork is being processed now.

My fiance wants to be the provider and contribute to the household financially, but he knows he will need his work auth papers first. We of course would like the time alone together, but mainly we had decided to wait to bring the son so my fiance can adjust and get himself situated. Also since school starts here in August, we were thinking of going back for him in July so he can relax get used to the new environment for about a month before school starts. We will both be working so arrangements for summer camp/etc can be figured out by then also. The additional fees for the AOS aren't as much as a concern for us as the additional trip to Peru will be. We have time to rethink and change plans, but if we stick with the same plan the main current concern is that my then husband will not get travel papers in time for July...so he will be stuck here. If that happens we will need to decide if ...I should go for the boy, possibly arrange for a family member to escort him here, or wait out the travel papers....it's my understanding the K2 has validity of 6 months, so should we get both the K1 & K2 now, or wait and get the K2 when we can go back to Peru.

Nadila & Eric-When you say 'no additional charge for the K2', do you mean it is not an additional $350 at the consulate?

Physical and visa fee would still need to be payed for him. What I meant there is no additional charge for son when you filed I-129F. K-2 Visa is good for 1 year, just checked to make sure. Every AOS has different timelines all mine is being done in Kansas City, MO and I believe it was 72 days approval for EAD and AP for my wife and stepson, My stepson is 17 so filing AOS for him was full price just like his mother, but if he was under 15 I would have had less cost on his AOS, so that means you have a advantage over what I paid. You would already be married so applying for K-2 after can not be done so do the K-2 with fathers K-1, like I said his son has 1 year to follow K-1 Visa.

I forgot to ask is his son listed on the I-129F? Or did I miss that?

[REINITA♥REY 8]

Physical and visa fee would still need to be payed for him. What I meant there is no additional charge for son when you filed I-129F. K-2 Visa is good for 1 year, just checked to make sure. Every AOS has different timelines all mine is being done in Kansas City, MO and I believe it was 72 days approval for EAD and AP for my wife and stepson, My stepson is 17 so filing AOS for him was full price just like his mother, but if he was under 15 I would have had less cost on his AOS, so that means you have a advantage over what I paid. You would already be married so applying for K-2 after can not be done so do the K-2 with fathers K-1, like I said his son has 1 year to follow K-1 Visa.

I forgot to ask is his son listed on the I-129F? Or did I miss that?

Yes, he is listed on the I-129F.

[Nadiia and Eric 1]

Wanted to let you know I will continue researching all this and will let you know.

[Nadiia and Eric 1]

Have to apologize you have up to 1 year to file for K-2 visa but then there is the 6 month rule to enter the US just like the K-1.

[JimVaPhuong 4,863]

Hi Sundrop and Nadila & Eric. Sorry for not giving more info before.....I am the USC-Female, my fiance is the beneficiary-Male. Currently my fiances son lives with his mother but he spends a great amount of time with his father and stays with his father some of the time also. He would prefer to live with his father, the mothers household situation is not ideal. There has never been any formal child custody arrangements and the mother has agreed to give the father full custody for the boy to come live with us in the US. This paperwork is being processed now.

My fiance wants to be the provider and contribute to the household financially, but he knows he will need his work auth papers first. We of course would like the time alone together, but mainly we had decided to wait to bring the son so my fiance can adjust and get himself situated. Also since school starts here in August, we were thinking of going back for him in July so he can relax get used to the new environment for about a month before school starts. We will both be working so arrangements for summer camp/etc can be figured out by then also. The additional fees for the AOS aren't as much as a concern for us as the additional trip to Peru will be. We have time to rethink and change plans, but if we stick with the same plan the main current concern is that my then husband will not get travel papers in time for July...so he will be stuck here. If that happens we will need to decide if ...I should go for the boy, possibly arrange for a family member to escort him here, or wait out the travel papers....it's my understanding the K2 has validity of 6 months, so should we get both the K1 & K2 now, or wait and get the K2 when we can go back to Peru.

Nadila & Eric-When you say 'no additional charge for the K2', do you mean it is not an additional $350 at the consulate?

Your questions are more about "what would you do" and less about the technicalities of the immigration process, so I'm going to offer some personal opinions.

I think you should bring your fiance's son here at the same time your fiance comes. It's actually a good thing that your fiance won't be working for a few months. He'll have time to spend with his son, and help his son acclimate to the US. If his son speaks little or no English then his son can enroll in English immersion classes, which will give him a little head start before starting school.

Personally, I think it will be enough of a shock having to move to a new country. Getting tossed into a summer camp shortly after arriving would be twice as hard. The more time he has to ease into his new life, the easier it will be for him.

[REINITA♥REY 8]

Wanted to let you know I will continue researching all this and will let you know.

Thanks I appreciate it.

[REINITA♥REY 8]

Your questions are more about "what would you do" and less about the technicalities of the immigration process, so I'm going to offer some personal opinions.

I think you should bring your fiance's son here at the same time your fiance comes. It's actually a good thing that your fiance won't be working for a few months. He'll have time to spend with his son, and help his son acclimate to the US. If his son speaks little or no English then his son can enroll in English immersion classes, which will give him a little head start before starting school.

Personally, I think it will be enough of a shock having to move to a new country. Getting tossed into a summer camp shortly after arriving would be twice as hard. The more time he has to ease into his new life, the easier it will be for him.

Thanks Jim! Yes, I was looking for what would you do and what others have done, etc. Also I was looking for opinions regarding the K2, as far as when we should obtain it if we still go with the 'will follow' route. Initially we were going to obtain it with the K1 and use it within the 6 month period allowed, only to avoid having to go to the medical, embassy, last minute plane tix twice.

I could not find any situation similar to mine here on VJ, with the child immigrating with the father. Great idea about the immersion classes, I will look into that. Right now we have the rosetta stone english for him. All the schools here have the ESOL program, with may instructors/students speaking spanish...so I am hoping that will be a little easier for him vs no one speaking his home language.

[Nadiia and Eric 1]

Has your fiancee' gone for his physical yet and do you have the date for his interview. By what you said I figure he will get the interview in Feb 2011. Here is one thing my wife got her Visa issued on 26 Feb 2010 and the visa was good till 24 Aug 2010. So if no physicals or interviews have been done yet you can do all of it at once and be within the 6 months this also gives you a very good option to bring his son at the same time, everything will be done without more trips and paperwork. There are many benefits of bringing him right away is both of them can adjust at the same time, and lets not forget about you there is adjustments for you too . The other question I have does the son have a passport so that the K-2 Visa can be put in it or will it be in father's. Like I said in a previous post we waited till he was finished with the college there I wanted both of them to be here at the same time so I waited, and my wife was not going to let him stay there alone even though he is 17 and the own the apartment Like Jim said you can setup classes for his son and his father will be able to help at the same time while he waits for his EAD (never know how soon USCIS will get done with it). I'm sure you know how from one day to the next the processing times can change for the better or worst. There is a lot to decide but I know the 2 of you will figure out the right way to do it.

P.S. Still looking

[REINITA♥REY 8]

Has your fiancee' gone for his physical yet and do you have the date for his interview. By what you said I figure he will get the interview in Feb 2011. Here is one thing my wife got her Visa issued on 26 Feb 2010 and the visa was good till 24 Aug 2010. So if no physicals or interviews have been done yet you can do all of it at once and be within the 6 months this also gives you a very good option to bring hig him right away is bos son at the same time, everything will be done without more trips and paperwork. There are many benefits of bringinth of them can adjust at the same time, and lets not forget about you there is adjustments for you too . The other question I have does the son have a passport so that the K-2 Visa can be put in it or will it be in father's. Like I said in a previous post we waited till he was finished with the college there I wanted both of them to be here at the same time so I waited, and my wife was not going to let him stay there alone even though he is 17 and the own the apartment Like Jim said you can setup classes for his son and his father will be able to help at the same time while he waits for his EAD (never know how soon USCIS will get done with it). I'm sure you know how from one day to the next the processing times can change for the better or worst. There is a lot to decide but I know the 2 of you will figure out the right way to do it.

P.S. Still looking

Thanks for the support No physical yet, but all the certifications have been gathered and legalized. Yes,the son just got a passport. I have also been wondering if we do get the K2 now and use within 6 months for the son, is it possible the son travel with another family member for POE or must he be accompanied by the K1 or petitioner?

[Nadiia and Eric 1]

This is what I found on the state.gov site:

Are My Children Required to Travel with Me?

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa.

One thing I have thought about is that if a family memeber from there would bring him to the US, I would assume they would have to get a visa just to do that, and if that is the case how long would it take to get their visa. Like you said there is a possibabilty your fiancee would not have a AP yet to go get his son which would mean you having to go, and under that condition would you need a visa to go yourself?

There are a lot of different choices and the easiest seems for him to come with his father, the rest will be a lot of if's.