My Wife Daughter to Follow on K2

[kennym 275]

Can Anyone answer these Questions?

My wife is already in the US.. She arrived on a K1 Visa on Dec 2nd, 2010,

My wife from Colombia, had her interview last year for the K-1 on Oct 7, 2010, and and Recieved her K-1 Visa dated Oct 12th 2010. Traveled to the US, on dec 2 2010, and we were married 5 days later.. She recieved her Advance Parole (AP), several weeks ago and is traveling to Colombia this week using her AP.

Her daughter was listed on the K1/K2 and designated as "will follow"... We were told, by the Embassy, we have a year in which we could submit the needed documents to have her daughter here..

So the question is, we're ready to start the process. What do we need to do.. So we simply send the Appointment package to the Embassy? Or do we need to do something more?

Please let us know if anyone has any experience with this. We want also to know, when is the year up? Is it one year from the Interview? or from the Date on the K1 Visa? Then, once she recieves the Visa, how long does she have before she's reuired to enter the US, because, I am guessing that we need to do this prior to Oct 7, 2011 since that will be one year from our Interview date, but her mom and her daughter want to spend christmas in Colombia before her daughter comes her to the US and begin to settle in while waitin to AOS for the daughter...

Also, when do we need to show the fathers permission? We have a verbal Promise from the father that he will allow his daughter to come live in the US with Mom, so do we need the permission at the Interview? or is it only needed when she is ready to leave Colombia...

Many questions, please help...

Thanks

[Gordito and Me 2]

My opinion is that you should have sent the AOS package for your wifes daughter and the I-130 for her daughter inside the same package as one piece. You have to get permission just the same with her for bringing a family member from abroad, so your wife's I-129f is enough to bring her in but the i-130 is what actually gives her consent from USCIS to reside in the United States legally and eventually get her greencard as well. Because you did the AOS package for your wife seperately, you will have to pay full price for your stepchild as well, as you did not submit her AOS together from what I gather in your timeline. If you bring her in as a K2 visa you will have to pay the fees for the visa for the child and then the AOS and the I-130 when she comes into the states seperately as opposed to just the AOS and I-130 now so she can enter as a greencard holder, with all this being said it all depends on what you guys plans are. When I went to my k3/k4 visa interview at the consulate in Dominican Republic, they asked to see the letter of consent to travel out of the country for my step son. Now, just to keep you informed, a letter saying that you and your wife can travel with her daughter may not be enough if she is coming in on a k2 visa or a actual residency. Your wife may have to get sole custody of her daughter from a court as my husband had to do with his son prior to being allowed to travel on K visas or on GC. Customs did not clear my husband to take the child out of the country when he tried to show them a consent of travel until I pulled out that court order and they took a photocopy of it. Fortunately I made my husband get sole custody before booking his and his sons flights to the US. I would recommend you get both to be safe and you take it to the visa interview if you are going that route, lest you run the risk of being denied because you dont have the consent to remove the child from the country with the intent to reside perminently in the US.

[kennym 275]

My opinion is that you should have sent the AOS package for your wifes daughter and the I-130 for her daughter inside the same package as one piece.

Thanks for your reply, but I am not sure if doing what you're sugesting is even possible.. I must apply for AOS for my wife since she is already in the USA, I don't beleive I can apply for AOS for her daughter since she isnt in the US yet...

I am simply looking for replies to the questions in my Original Post..

Question 1 - What do we need to do to schedule the Appointment at the consulate?

Question 2 - When is the year up? Year after interview date? or Year after the K1 Date?

Question 3 - When do we need to show the Fathers Permision for the daughter to reside in the US? at the Embassy or at the airport when getting ready to leave the country?

Thanks again for everyones help.. VJ is a huge and wonderful resource...

Kenny

[Jenny & Danny 0]

Hello,

In regards to your question #3. I only had to show the fathers permission at the airport. It was never asked at any other time throughout the Visa process. We provided a letter that we got from the DAS office. It depends where the father lives as to what type of notarization you will need.

[kennym 275]

Hello,

In regards to your question #3. I only had to show the fathers permission at the airport. It was never asked at any other time throughout the Visa process. We provided a letter that we got from the DAS office. It depends where the father lives as to what type of notarization you will need.

Jenny & Danny. Thanks. I appreciater your reply.

[kennym 275]

Also.

I would like to know how we start the process of scheduling the interview? Do we simply send the packet 3 contents to the Colombian Embassy as we did for the interview for my wife?

[Mononoke28 135]

Hi Kenny,

Nice to see you again. First of all contact the embassy to find out what you need to do. In theory all you need to do is make an appointment with them and to do this I'm pretty sure you will have to buy a pin to contact the visa group who handles the appointments. Also, ask them what she will need to bring with her, if anything. She will also need to get her medical and lab tests done if she never had them done or if they were done more than 12 months ago.

The year for the follow to join starts the day your wive's K1 visa was issued and her daughter will have up to 6 months to use it to enter the US.

The embassy may ask for the father's notarized permission but it is not a requirement and they don't tend to ask for it. Many times they simply ask if you have permission to take the child with you, that's all. You will however need to get a signed and notarized permission from the father no more than 30 days before she's scheduled to leave Colombia or the DAS won't let her leave the country at all.

Diana