K1 & K2 visa issued . Need help with emergency parole

[saganna 0]

My fiance(e) and her daughter went to the consulate and Consulate issued k1 and k2 visa on OCT 25, 2011 and expires on APR 26TH, 2012. My fiance(e) daughter could not come before May 2nd week. I was told k2 visa is valid for 1 year. If the end date is April 26th, 2012, how can they say, she can follow to join in one year, I am confused.

We specified in the forms that k2 will follow later and wont travel at the same.When my fiance(e) went for the interview she took her daughter too. How does the follow to join works?

How do we handle this. I wanted to apply for emergency advanced parole, anybody knows the procedure for this

Not simple advance parole but emergency parole.

[Hank_ 9,174]

Doing a quick search using the search function to your upper right on the monitor, I found this:

K1 and K2 Visa Process Outline:

The K1 visa is not an end in itself. It is only a single step in a procedure for obtaining permanent residency (a green card) based on a marriage to a US Citizen after entry. The steps involved in immigrating to the US via a K1 visa can be generally described as follows:

1. The US Citizen files the I-129F petition for the foreign fiance(e) with the USCIS. The I-129f is filed at a USCIS Service Center in the US (where you file depends on where you live). The petition phase is very straightforward. Approval timelines vary with each Service Center, with the processing times ranging anywhere from one to five or six months. Go here to see a list of current processing current times.

2. After the I-129F has been approved, the petition is sent to the Department of State's National Visa Center (NVC) where it is processed and forwarded to the correct embassy and consulate. The process of sending the approved I-129f from the Service Center (through the NVC) and arriving at the embassy takes about a month. The fiance(e) has 4 months from the time the I-129F was approved at the Service Center to obtain the K1 Visa at the US Consulate in the foreign country. This time period can be extended by a consular officer if required. The visa application process is generally similar in all countries, although each Consulate will vary a bit in their requirements. Every K1 applicant will have a unique story to tell about how they got their visa.

3. Once you have the K1 Visa it is good for only one entry into the United States within 6 months of the issue date. A K2 Visa holder (child of K1 Visa holder) may enter up to one year after the K1, but a K2 Visa holder may not enter the U.S. prior to the K1.

4. Once in the United States, you have 90 days to get married (see "Special Note" at question 3.7)

5. Immediately after marriage, you must apply for an Adjustment of Status, Form I-485, to become a permanent resident. You may also apply for an Employment Authorization Document (EAD) to work (required until your I-485 is approved) and "advance parole" in case you want to travel outside the United States and re-enter before getting your green card (I-485 approval).

[Penguin_ie 5,994]

The kids should not have had the interview until they were ready to immigrate, because once visas are issued, they are valid for 6 months.

If you have good reasons she cannot come before may, contact the US embassy and see if they will re-issue the visa.

[saganna 0]

She is a 11th grade student. She wanted to come back after the 12th grade. She has changed her mind to come later. Now that she (k2) got the visa stamped on the passport? What are the steps to to go back to consulate and tell them that she can not come to U.S until 2013 May. If they not are going to agree for this, then how about she comes over to the U.S for 1 month and now until April 26th, 2012 and while she is here in the U.S, immediately apply for AOS and get emergency visa to go back to U.S continue her studies. Any suggestion, ideas.

[Penguin_ie 5,994]

Wait, does she want to come in May 2012 or May 2013?

If May 2012: contact the embassy at the end of December, explain the situation, ask for them to re-issue the visa. I know this has been done before to enable students to finish the school year, so will likely be allowed (though it does depend on the embassy). She will be given another 6 months to use the newly re-issued visa, which will bring her up to summer 2012- plenty of time to fly after the school year.

If 2013: They cannot re-issue the visa for such a long time. She cannot come for just a week in April- she would need to stay at least until she can get AP (advance parole) after marriage and AOS, about 2 months if you get married to her mom right away off the plane. Even then she'd likely need to ask for a re-entry permit as she will be out of the cpountry close to or over one year, which is tricky. If she really, truly cannot immigrate until May 2013, you will probably need to let the current visa expire and then re-petition for her.

[saganna 0]

Hi Queen Penguin

You mentioned re-petitioning, how does it work? Are you saying, do we need to apply for K2 again? What form is that? Once we get married I will apply for AOS for my fiance(e). My fiance daughter (k2) wanted to come to U.S any time after June 2013. We are in a major confusion now. Also, you mentioned that we contact consulate/embassy in December or April 26th (last of the visa expiration), in what method we contact them? There has to be a formal method to contact them, right? Write a letter or fill up a form? I am bit lost, can you please go in detail?

[Penguin_ie 5,994]

There is no form, you would contact the embassy by phone or email, depending on the embassy. Do not leave it till April, in case they say no and then you are stuck. Call them after the Thanksgiving holiday and see what can be done, but the most they can give you is an extra 6 months (and they don't even have to give you that).

If your step-daughter is sure she doesn't want to come until June 2013 (I thought it was May? Sounds like she may not be sure what she wants?), and assuming she will still be under 18 then, what I would suggest is have mom come to the USA, marry, then you as the step dad petition for the daughter, using the I-130 form.

[saganna 0]

Hi Queen 'Penguin

We should not have applied K2 visa. Anyways, If we apply I-130, how long would that take?

Also, I was told to apply for Emergency Advanced Parole at the same time we Apply for AOS for K2. This allows K2 to go back to mother country to continue with her education. When we send the AOS paper work to USCIS for K2, how ong do they take to respond back to us? Do we apply for Emergency Advanced parole at the same we the AOS paper or separately? I was told Advanced Parole should be applied at the same time you AOS. Then get InfoPass to expedite the parole.

Can this (Emergency Advance Parole) happen with in 1 month while she is in the U.S ? When would they ask K2 to come for BioMetrics?

[JimVaPhuong 4,863]

Hi Queen 'Penguin

We should not have applied K2 visa. Anyways, If we apply I-130, how long would that take?

Also, I was told to apply for Emergency Advanced Parole at the same time we Apply for AOS for K2. This allows K2 to go back to mother country to continue with her education. When we send the AOS paper work to USCIS for K2, how ong do they take to respond back to us? Do we apply for Emergency Advanced parole at the same we the AOS paper or separately? I was told Advanced Parole should be applied at the same time you AOS. Then get InfoPass to expedite the parole.

Can this (Emergency Advance Parole) happen with in 1 month while she is in the U.S ? When would they ask K2 to come for BioMetrics?

The factor you seemed to have gotten confused about is that an eligible child can apply for a K2 derivative visa as long as it's issued within one year of the K1 parent's visa. However, once the visa is issued it's only good for a maximum of six months.

A CR2 immigrant visa will take 8 to 12 months, give or take, from petition to visa interview. Once issued, the CR2 is also only good for six months. Don't postpone marrying her mother until after she's 18 or you won't be eligible to submit any petition for her. As long as you marry her mother before she's 18 and you submit the petition before she's 21 then her age will be locked for visa eligibility, and she'll be able to apply for the visa even if she turns 21 before the interview. The best route might be to wait until she's about six months away from being ready to immigrate and then send the petition. Another advantage of this method is that it's an immigrant visa - no adjustment of status. She'll get a green card automatically soon after she arrives in the US.

You can apply for advance parole either at the same time you apply for AOS or after you apply for the AOS, but not before. Advance parole is specifically for someone who is waiting to adjust status.

It's possible to get an emergency AP by making an infopass appointment at your local USCIS field office and asking for emergency AP. There's no guarantee they'll approve it. Generally, the emergent situation has to be something that came up AFTER the immigrant arrived in the US, and which is beyond the control of the immigrant. I suspect they'll deny the emergency AP because this situation was known before she came to the US, and is more the result of bad planning than any real emergency.

Further, she may be scheduled for a AOS interview. If so then she must return to the US and attend the interview or her green card will be denied and her AP will be revoked. AP is only good until a decision is made on her adjustment of status application.