K-2 & I-130 Question: Follow-on Visa for Daughter & Grandchild

[jpsquare 0]

I brought my Thai wife over through the K-1 Fiancée visa process and from submission of I-129F to issuance of the conditional permanent residence card it’s taken about one year …pretty fast (Sacramento, California). Her daughter, who is unmarried and <21 years but has a 1-year old son, was listed on the I-129F so is eligible for a K-2 visa and could be brought over as a ‘follow-on’. BUT, she’d have to leave her baby boy and petition for him later.

We’re in a tough spot because if we delay much, our timeframe for using the K-2 visa process for the daughter will expire and we’ll have to use the I-130 petition (2 or more years?). On the other hand, bringing her to the US without her son will be traumatic, though there’s plenty of family support in Thailand.

Many uncertainties here, but we’re wondering if the following is possible:

1. Use the K-2 process to get our daughter over, then getting the AOS processed ASAP & green card interview done.

2. When the daughter get her green card, have her petition for her son using the I-130

3. While waiting for the I-130 to be approved (2 years?), she can travel back to Thailand to be with her son on extended trips?

Does anyone have experience with such a strategy? Any ideas, suggestions, warnings appreciated.

[raymaga 25]

The K-2 Visa must be obtained within one year of the K-1 Visa. In your post, you said that it has taken about one year from submission of the I-129F to obtaining the Green Card, which means you haven't got much time to get the K-2 Visa approved.

My daughter followed me to the U.S. with a K-2 Visa, and has her AOS interview this Wednesday.

I think if your wife's daughter can obtain her K-2 Visa, and then move to the U.S. and get her Green Card, she could petition for her son to come to the U.S. quite easily. After her arrival, she would have to apply for AP right away to be able to travel outside the U.S. or she can leave the U.S. once she has her Green Card.

Good luck.

[Yodrak 7]

jpsquare,

Get hold of White and White immigration attornies to discuss you situation. Offices in Bangkok and St Louis, Bill White operates the Bangkok office, his wife the St Louis office.

North American Office

St. Louis, MO USA

P.O. Box 440009

7777 Bonhomme, 22nd Floor

St. Louis, Missouri 63144

Telephone (314) 725-0606

-

Asia Office

Bangkok, Thailand

New ITF Tower, 17th Floor, #3

140/36 Silom Road, Bangrak

Bangkok 10500, Thailand

Telephone +66 (0) 2231-6466

Yodrak

I brought my Thai wife over through the K-1 Fiancée visa process and from submission of I-129F to issuance of the conditional permanent residence card it’s taken about one year …pretty fast (Sacramento, California). Her daughter, who is unmarried and <21 years but has a 1-year old son, was listed on the I-129F so is eligible for a K-2 visa and could be brought over as a ‘follow-on’. BUT, she’d have to leave her baby boy and petition for him later.

We’re in a tough spot because if we delay much, our timeframe for using the K-2 visa process for the daughter will expire and we’ll have to use the I-130 petition (2 or more years?). On the other hand, bringing her to the US without her son will be traumatic, though there’s plenty of family support in Thailand.

Many uncertainties here, but we’re wondering if the following is possible:

1. Use the K-2 process to get our daughter over, then getting the AOS processed ASAP & green card interview done.

2. When the daughter get her green card, have her petition for her son using the I-130

3. While waiting for the I-130 to be approved (2 years?), she can travel back to Thailand to be with her son on extended trips?

Does anyone have experience with such a strategy? Any ideas, suggestions, warnings appreciated.