K1 and K2 Visa, Timeline & Adjustment Status help

[saganna 0]

Hi All,

My fiance has 1 child. Her daughter is 16 and studying at a school overseas and she won't graduate till March 2013. I estimate she arriving in the US first half of 2012 for 1 1/2 to two months and she is listed as K2's. I've been trying to find out what the process will be for the K2 and the time line, but can't see anything. I'm not sure if it will fit my fiance© daughter's circumstances, as she will need to return to study and the max time she could come over prior to the end of college would be 1 1/2-2 months. Wouldn't be enough time for the AOS / Advance Parole ?

My fiance(e) interview 3rd week of October and her I-129F was approved in Sep 2011. She will be moving to US on January 2012. Soon after she arrived we will get married and we will start the adjustment status process with in few days for my fiance(e). The question is can I start the K2 adjustment process or not at the same while her daughter is in Overseas. Her daughter is not moving with her as she can get leave until 2012 for about 1 1/2 to 2 months. Some where I read that once we get married both K1 and K2 can start the adjustment process, it did not tell whether K2 needed to be in US or not. It did say K1 must be in U.S, K2 will follow later with in 1 Year. So we are trying to see whether can use this buffer to get the adjustment process get going for the K2

Please shed some light on this

Thanks all.

[Oksana & Max 94]

K-2 can arrive later and you can do AOS later. But note that there is an expiration date on K-2 visa, which will require her to enter US, prior the expiration. You can only adjust K-2 ones she enters as she needs I-94 in order to apply for the AOS.

Also 1-2 month is not enough to get an AP for travel. If she will leave US, prior to AP, it will mean she abandoned her status and the new filing will require, it will take longer as, only your wife to be could petition her daughter and it will take years before she will become USC and will be elligible to file, which my take another few years after that.

So just think what is the best for your wife to be, and her daughter.

[saganna 0]

My fiance(e) and her daughter will be going to the consulate in about 10 days for their interview. I clearly state that K2 will follow later to the United States in petition. Can we start the K1 and K2 adjustment after my fiance arrived US and get married while K2 is in Overseas? Can it be done? See, I-129F is approved on Sep 2011, Interview is on 4th week of Oct, 2011 and Fiance(e) is coming to U.S on January 2012 upon visa is approved. Where does the K2's 1 year starts, from the time I-129F Petition approved or from the time K1 gets the Visa or from the time K1 arrives US? I am confused of this 1 Year start from when?

[baron555 934]

My fiance(e) and her daughter will be going to the consulate in about 10 days for their interview. I clearly state that K2 will follow later to the United States in petition. Can we start the K1 and K2 adjustment after my fiance arrived US and get married while K2 is in Overseas? Can it be done? See, I-129F is approved on Sep 2011, Interview is on 4th week of Oct, 2011 and Fiance(e) is coming to U.S on January 2012 upon visa is approved. Where does the K2's 1 year starts, from the time I-129F Petition approved or from the time K1 gets the Visa or from the time K1 arrives US? I am confused of this 1 Year start from when?

The one year for the K-2 to Follow starts on the date the K-1 visa is issued. One year to obtain the K-2s visa and to use it to enter the US.

No, they need to enter the US and stay to do the AOS.

[saganna 0]

She can come for 1 to 2 months max during 2012 but she could not stay any longer as she needed to return to school which she will complete in 2013. Can you please suggest what we should do or what our options are?