K2 - What is the process?

[Joyce and Chris 1]

Another question from a newbie. My fiance has a young child that we will be filing for as well. From what I understand is that we will need to include the child in the I-129F form. From there I am some what lost on what will happen next. What is the entire process for bringing a child over with a K2? Does he go through the interview and medical process with his mom? Our plans are for her to come over first while we get things situated. Then we would bring him over about 3 months later. He would be staying with his grandparents in the Philippines during this time.

Please can someone that has been through this outline the process. I do not see much info regarding the K2 process on the website.

Thanks.

[Joyce and Chris 1]

Of course I forgot to add a couple items. Is the K2 timeline same as the K1? Also, is there any other documents we need to submit with the I-129F, i.e. birth certificate?

Thanks.

[JimVaPhuong 4,863]

At the petition stage, the only thing that you need to do is list the K2 on the I-129F. Nothing else. If the petition is approved then the K2 automatically becomes eligible to apply for a visa - his eligibility is derived from his mother's eligibility, which is why a K2 is called a "derivative visa".

At the consulate stage, both the K1 and K2 will submit a visa application. At most consulates, the required forms and documents for a K2 are the same as for a K1, with the exception of the DS-156K, which is only required for the K1. The K2 child will also need a medical and a passport. In addition, the K1 parent will need to provide evidence that the K2 is actually their child. In many countries, a birth certificate alone is not enough, especially if it's relatively easy to bribe a local official into producing a bogus birth certificate. In that case, she'll need other proof - photos of both parent and child throughout the child's life, school records, baptismal records, household registers, etc. You may also need a 'quit claim' from the parent who isn't immigrating, depending on the laws of the country they live in. In some countries it's enough just for the immigrating parent to have sole custody.

When the K2 arrives in the US then you also have to submit an AOS application for the K2. If the K2 is under 14 years old then you'll save some money by submitting the AOS applications for the K1 and K2 at the same time, as you'll get a discount of several hundred dollars on the K2's AOS.

Since your fiancee's son will be coming 3 months after her then it might be a good idea for both her and her son to go to the consulate and apply for their visas at the same time. The K2 visa is valid for six months.

[E&R4ever 6]

Of course I forgot to add a couple items. Is the K2 timeline same as the K1? Also, is there any other documents we need to submit with the I-129F, i.e. birth certificate?

Thanks.

Agree with the previous post. You will also need a notorized signed letter from the 'father' stating that he grants permission for his child to depart the parent country with the mother/mother's grand parents in order for the child to pass through POE. At the POE this letter would be kept. If the grand parents do bring the child at a later date, then the mother of the child will also need to provide the same type of letter. The US if very strict about this and will not budge from it's policies concerning children entering from another country without proof of parental consent.

My advice is to bring the child with you and your fiancee at POE.

Much success to you in your K1/K2!!!

eff

P.S. I did go through this process and POE with my 1st K1/K2. Also recommend a good set of original/certified birth certificates & divorce decree ( if applicable ) since P.I. is quite a ways fromthe USA.