K1 dependent child does not want to move

[daryl&lada 8]

Hello VJers,

Recently, the 18 year old dependent child of my fiancee has decided to enter University and not join her mother with the K1 visa process due to the fact it will significantly interfere with her studies. She has no desire to live in the United States. At this point, we have not received the NOA2 and I am wondering if this change will significantly effect my fiancees' interview. I know it is pointless to try to contact someone before the NOA2 is approved, but should anyone be notified prior to the interview? What paperwork will have to be filled out and is there a special procedure that will have to be followed?

Thanks!

[Neonred 3,562]

Hello VJers,

Recently, the 18 year old dependent child of my fiancee has decided to enter University and not join her mother with the K1 visa process due to the fact it will significantly interfere with her studies. She has no desire to live in the United States. At this point, we have not received the NOA2 and I am wondering if this change will significantly effect my fiancees' interview. I know it is pointless to try to contact someone before the NOA2 is approved, but should anyone be notified prior to the interview? What paperwork will have to be filled out and is there a special procedure that will have to be followed?

Thanks!

Pretty much the same thing happened with us, although the daughter did go to the interview and used the K-2 a few months later. She arrived for a "visit" using the K-2 and then returned to Russia to study. That was several years ago and since then she has had a tourist visa and just last month got her immigration visa.

In short, no, there will be no change to the petition or interview. The daughter will not show up and not have an interview. Nothing else changes. No need to contact anyone and no paperwork to fill out.

[Jojo92122 1,924]

Hello VJers,

Recently, the 18 year old dependent child of my fiancee has decided to enter University and not join her mother with the K1 visa process due to the fact it will significantly interfere with her studies. She has no desire to live in the United States. At this point, we have not received the NOA2 and I am wondering if this change will significantly effect my fiancees' interview. I know it is pointless to try to contact someone before the NOA2 is approved, but should anyone be notified prior to the interview? What paperwork will have to be filled out and is there a special procedure that will have to be followed?

Thanks!

Have you discussed the difficulties of immigrating later to your fiancee and her child? Since the marriage is occurring after the child's 18th birthday, you can never petition for the child as your stepchild. In addition, it can be difficult for her to get a visitor visa to the US if she ever wants to visit.

Here is brief outline of possible ways for the child to immigrate to the US;

1. K-2 - A K-2 visa can be issued up to one year after the K-1. This path is closed after the one year period for follow to join.

2. F2a - Mom as an LPR can petition for the child. It currently takes 3 years. The child's CSPA age must be under 21 when the PD becomes current to qualify for a visa in the F2a category. If the child's CSPA age is over 21, the child will age out into the F2b category which takes 8 years.

IMHO - It might be a good idea to bring the child over and get legal permanent residency. Then apply for a re-entry permit that allows the child to attend school in Russia without worrying about losing her LPR status. She can come and go to the US without getting a visitor visa. If she ever wants to give up her LPR status, she can. The cost to you is the K-2, adjustment of status, and the re-entry permit.

[Neonred 3,562]

I'll agree with Jojo. If I knew then what I know now I would have made her stay and adjust status first and then sent her back to study at the university. As it is we waited about 4 years for her to get the immigration visa.

[bigdog 376]

My wife's son did not go to interview, they asked why. She just said he will come later after she got settled.

[JimVaPhuong 4,863]

If she doesn't want to go then so be it - she doesn't have to go. You haven't petitioned for the daughter, and she hasn't applied for anything yet, so there's nobody you have to notify of anything. Listing the child on the I-129F is required, and it makes them eligible for a derivative visa, but it doesn't obligate them to apply for a visa.

As previously mentioned, you can't petition for the daughter because the marriage will occur after she's 18. She'll have a one year window to apply for a K2 visa as a derivative of her mom's petition. If she chooses not to take advantage of that then she's going to be waiting years to come to the US. If she doesn't want to come now or later then nothing is lost.

[daryl&lada 8]

Thanks for the input. We filed the I-129f when she was 17 and a month later she turned 18 but were well aware this process will take a while. My thing is, here is an opportunity to get this all taken care of so that travel to the US will be easier rather than jumping through hoops later. Thanks again for the comments and experiences on this issue!