K2 visa can still be applicable after AOS of K1?

[angel2007 0]

hi everyone

I need help. I came in US as K1 last July 2011. I have a 4yr old child and she was included in the 129F petition. I already adjusted my status and waiting for my conditional green card. Can we still apply a K2 visa for my child? Reply is greatly appreciated.

[CristiFur 15]

If she was included on your original 129 then no need to apply for K2, and she should have been issued a Visa when you got yours even if she was not going with you at the same time. My understanding is K2 is only for children under K1, now you are no longer in K1 (Finace) category since you wed.

[happywife 4]

you and I in the same situation. I came US on K1 too and adjusted my status. when I had my visa interview the VO told me that the K2 case would keep for a year. any time in a year I want K2 to come to US just e-mail them and they would send P3 to the address I gave them. then K2 would get an interview and have a visa.

[Zen Den 18]

hi everyone

I need help. I came in US as K1 last July 2011. I have a 4yr old child and she was included in the 129F petition. I already adjusted my status and waiting for my conditional green card. Can we still apply a K2 visa for my child? Reply is greatly appreciated.

yes you can since the child (K2) was included in the approved 129f/k1 petition (the child has one year since your k1 approval to apply) and will pay the K1 visa fee as well =)

[VanessaTony 3,567]

If she was included on your original 129 then no need to apply for K2, and she should have been issued a Visa when you got yours even if she was not going with you at the same time. My understanding is K2 is only for children under K1, now you are no longer in K1 (Finace) category since you wed.

Wrong. The K2 visa is only issued when the K2 applies. If the K2 was obtained at the same time as the K1 it's only valid for 6 months (like the K1). However a K2, as long as the child was listed on the I-129F can "follow to join" within a year of the K1 approval.

[angel2007 0]

thank you very much for all your replies.. but i am still confused. when i apply for my k1 visa, i did not apply for k2 due financial reasons. i only apply for my self as k1,so i still have a year to apply for k2 for my child from the time my k1 was issued even if i already adjusted my status? thank you.

[Gary and Alla 3,694]

hi everyone

I need help. I came in US as K1 last July 2011. I have a 4yr old child and she was included in the 129F petition. I already adjusted my status and waiting for my conditional green card. Can we still apply a K2 visa for my child? Reply is greatly appreciated.

YES!

You can get the K2 within 1 year of the issuance of your K-1.

Alla and one of our boys came with a K-1/K-2 which was issued in August 2008. They adjusted status and received their green cards in January 2009. Our older son came with a K-2 issued in June, 2009, 6 months after Alla had her green card. Alla went back to Ukraine and went to the interview with him!

The cutoff date for the K-2 is ONE year from the day your K-1 was issued.

thank you very much for all your replies.. but i am still confused. when i apply for my k1 visa, i did not apply for k2 due financial reasons. i only apply for my self as k1,so i still have a year to apply for k2 for my child from the time my k1 was issued even if i already adjusted my status? thank you.

YES absolutely. 1 year from the issuance of your K-1

Wrong. The K2 visa is only issued when the K2 applies. If the K2 was obtained at the same time as the K1 it's only valid for 6 months (like the K1). However a K2, as long as the child was listed on the I-129F can "follow to join" within a year of the K1 approval.

and the expiration of the K-2 will be 6 months from when the K-2 was issued. It is possible for a K-2 to ENTER the US as much as 18 months after the K-1 is issued.

[Gary and Alla 3,694]

If she was included on your original 129 then no need to apply for K2, and she should have been issued a Visa when you got yours even if she was not going with you at the same time. My understanding is K2 is only for children under K1, now you are no longer in K1 (Finace) category since you wed.

This post is perfectly, 100%, wrong.

K-2s ALWAYS need to apply for a visa, just as a K-1 does and pay all the same fees and have a medical exam. They do not need a different PETITION they DO need their own visa application at the consulate.

You will also need a separate AOS process for the child. If under 18 when the mother becomes a citizen, they will automatically also become a citizen

Edited November 21, 2011 by Gary and Alla

[Penguin_ie 5,997]

i still have a year to apply for k2 for my child from the time my k1 was issued even if i already adjusted my status? thank you.

Yes- the fact that you AOS'd doesn't matter. All that matters is that it is within one year of your K1 being issued, and that the child was mentioned in the initial I-129F paperwork.

[angel2007 0]

Thank you ,thank you very much for all your replies...I am so happy. I really missed my child.I hope she could come early next year. Take care. God bless us all.

[milimelo 4,581]

Moving to AOS from family based visa.