Alient Children with Visa About to Expire

[bigtex 0]

My wife entered the U.S. as a fiance to U.S. citizen in April and now we are married. She is in the Rapid Adjustment program out of Dallas for her green card and has had all the appointments and biometrics. The problem is that her two children are still in Colombia after the father of the children put a hold on them and will not allow them to leave Colombia. We have taken to court in Colombia but are concerned that the court decision will not be made until almost time for their Visas expire in early October. Will immigration give us a hard time allowing them to enter in late September when their visas expire in early October? Is there such thing as a visa extension? Also I read that these children could come to the U.S. within one year of the mother anyway--what is the way we should go on this? Thanks so much!!

[raymaga 25]

The children's K-2 Visas are valid for 6 months from the date they are issued. K-2's must have their visas within one year of their parent's K-1 visa, which is where the year part comes in. They do not have one year to come to the U.S. after their K-2 visas are issued.

I am not sure whether or not you can get an extension, but maybe you could either email or phone the Consulate where the K-2 visas were issued to ask that question.

In order for your wife to get the children's K-2 visas, did she have the children's father provide her with a notarized letter of permission to take them to the U.S. to live with her?

Good luck to you both.

[bigtex 0]

My wife entered the U.S. as a fiance to U.S. citizen in April and now we are married. She is in the Rapid Adjustment program out of Dallas for her green card and has had all the appointments and biometrics. The problem is that her two children are still in Colombia after the father of the children put a hold on them and will not allow them to leave Colombia. We have taken to court in Colombia but are concerned that the court decision will not be made until almost time for their Visas expire in early October. Will immigration give us a hard time allowing them to enter in late September when their visas expire in early October? Is there such thing as a visa extension? Also I read that these children could come to the U.S. within one year of the mother anyway--what is the way we should go on this? Thanks so much!!

No, no permission was required of the father for the Visas. Just necessary to travel!

[meauxna 15]

My wife entered the U.S. as a fiance to U.S. citizen in April and now we are married. She is in the Rapid Adjustment program out of Dallas for her green card and has had all the appointments and biometrics. The problem is that her two children are still in Colombia after the father of the children put a hold on them and will not allow them to leave Colombia. We have taken to court in Colombia but are concerned that the court decision will not be made until almost time for their Visas expire in early October. Will immigration give us a hard time allowing them to enter in late September when their visas expire in early October? Is there such thing as a visa extension? Also I read that these children could come to the U.S. within one year of the mother anyway--what is the way we should go on this? Thanks so much!!

If the kids' visas are valid through, say, October 15, they can travel up to and on that date. No one thinks anything funny about it.

If they are NOT going to be able to travel by that date, contact the Consulate and explain the situation. They can re-issue a visa in certain circumstances. If you feel there's a good chance you'll need that courtesy, you might think about getting ahold of them sooner than later, to give them the heads up.

I don't know how you would go about (if possible) getting a K-2 re-issued up to a year later.. Hopefully it will be resolved before then!

[1HappyGuy 45]

Check your wife's passport for the date her visa was issued. That is your deadline for her children to be issued K-2 visa's of their own. The kids must of course be under 21 at the time of issuance. As to what the requirements are for the children to leave, check the U.S. embassy web site for her country. You will find all kinds of information there and probably some telephone numbers you can call. Make sure the embassy is aware of the entire situation. It is likely that they will say the courts must decide first, but be prepared. I'm sure this is not the first time this kind of situation has occurred.

Good Luck.

[Yodrak 7]

1HappyGuy,

Point of clarification - 1 year from the date the K1 visa was issued is the deadline for K2 visas to be issued.

Yodrak

Check your wife's passport for the date her visa was issued. That is your deadline for her children to be issued K-2 visa's of their own. ....