K-2 petition status change

[spectec 12]

We hopefully are getting closer to a NOA2. On the original petition we stated the son of my fiancée would travel with her immediately on the visa. He may now may now need to follow us after a few months rather than travel with her. I understand that a K-2 is valid for one year. The father is being reluctant to sign the agreement to let his son go and it is the reason he may have to follow. I'll take any suggestions on that as well but the main point and questions of this post is as stated below.

I have two questions:

Can we change him to follow instead of travel with at the interview?

Should he still attend the interview if we intend to change him to follow at the interview?

[spectec 12]

I guess a better or additional question would be will they even issue a visa to the child without this paper and how would it affect my fiancée getting her visa?

In general what are my options?

[JimVaPhuong 4,863]

First, there is no place on the I-129F petition for you to list whether a K2 child is going to accompany a K1 to get a visa and travel, or whether a K2 is going to follow to join, or even if an eligible child is going to apply for a K2 visa ever. You list the beneficiary's children - ALL of them - on the I-129F, regardless of whether or not the children will ever apply for a visa. Later, at the consulate stage, you indicate on the DS-156K whether any of the children will accompany, follow to join, or neither. The indication on the DS-156K is not binding in any way. You can indicate a child will accompany the primary beneficiary, and then not submit a visa application for the child. Likewise, you can indicate the child will follow to join and then submit a visa application for the child concurrent with the K1 visa application.

Second, a K2 visa is valid for six months, just like a K1 visa. However, you have one year after the K1 visa is issued to apply for and receive a K2 visa from the consulate.

If you've already submitted a visa application for the child then the K1 beneficiary can withdraw that application at the K1 interview. You can submit another application for the K2 later, as long as it's within a year of the issuance of the K1 visa. It shouldn't have any effect on the K1 interview.

Most consulates won't issue a K2 visa without a quit claim letter from the non-immigrating biological parent. There are some exceptions. Some countries grant absolute physical and legal custody to one parent, revoking the parental rights of the non-custodial parent, and the US consulates in those countries will allow a child to get a K2 visa without a quit claim letter. In most countries, however, the non-custodial parent retains parental rights, even if the other parent has physical and legal custody of the child. A quit claim letter is also not required if the non-custodial parent is deceased, and may not be required if the identity of the non-custodial parent is unknown. I suggest you contact the consulate to see what their requirements are.

[payxibka 10,048]

I guess a better or additional question would be will they even issue a visa to the child without this paper and how would it affect my fiancée getting her visa?

In general what are my options?

no effect on the k-1 but kiev will not issue a visa to a child under the age of 16 withouy the permission of the other biological

[baron555 934]

We hopefully are getting closer to a NOA2. On the original petition we stated the son of my fiancée would travel with her immediately on the visa. He may now may now need to follow us after a few months rather than travel with her. I understand that a K-2 is valid for one year. The father is being reluctant to sign the agreement to let his son go and it is the reason he may have to follow. I'll take any suggestions on that as well but the main point and questions of this post is as stated below.

I have two questions:

Can we change him to follow instead of travel with at the interview?

Should he still attend the interview if we intend to change him to follow at the interview?

Yes

No

[Gary and Alla 3,694]

We hopefully are getting closer to a NOA2. On the original petition we stated the son of my fiancée would travel with her immediately on the visa. He may now may now need to follow us after a few months rather than travel with her. I understand that a K-2 is valid for one year. The father is being reluctant to sign the agreement to let his son go and it is the reason he may have to follow. I'll take any suggestions on that as well but the main point and questions of this post is as stated below.

I have two questions:

Can we change him to follow instead of travel with at the interview?

Should he still attend the interview if we intend to change him to follow at the interview?

I will give you your answer and then I am going to add some things mostly for the benefit of others who read this.

the K2 is not "valid" for one year. It is valid for 6 months just like the K-1. But its issuance can be delayed for up to one year and that means EXACTLY one year. You can go back within one year of the K-1 and apply for the K-2. The K-2 is then valid for 6 months.

There is nothing in the petition regarding a K2, you list the names of the children. You can get a K2 issued for up to one year after the K1 is issued. After that you would have to file for a CR-2 which you could do IF the child is under 18 when you marry the mother and the child is under age 21 when the CR-2 is issued.

That said...

IF there are children involved in the realtionship and you need permission from the father, the time to get that permission is BEFORE yo file the petition.

Frankly I am shocked that a Ukrainian woman would leave her child behind. Even in the care of a grandmother or something. I would be very concerned about that, myself. We did a K2 to follow for our oldest son but he was entering college in Moscow which means he would be living on his own anyway, he was 18. But there was no question that we would have ALL the documents needed before we made even the first step. This delayed our filing by 4 months.

You understand if your fiancee comes here she will not be able to leave the US and return until you are married and she has an AP or green card? She arrives, you get married and file and her child falls ill and is placed in the hospital...good luck. You will be filing a new CR-1 application to get her back. You COULD get an emergency AP but depending on the exact circumstances even that could take a few days.

Bribery is you best suggestion. But now that the father knows he has leverage...the price just went WAY up

I have very very strong feelings about children and this is something I have little patience for so best I not say more. You have your answer.

Were it me, or Alla, this would be a no-brainer. You delay the interview until you have waht you need for the child, you can sk the consulate for a delay, they will give it to you.

[Gary and Alla 3,694]

no effect on the k-1 but kiev will not issue a visa to a child under the age of 16 withouy the permission of the other biological

Correct

OR a court order of sole custody and that is very hard to get. This is an absolute for Ukraine.

You will also need the letter EACH TIME the child leaves Ukraine, even when they have a green card in the US, until age 16.

[Gary and Alla 3,694]

I guess a better or additional question would be will they even issue a visa to the child without this paper and how would it affect my fiancée getting her visa?

In general what are my options?

No affect on the K1.

Absolutely not without the letter or a court order. The letter MUST state is is for PERMANENT RELOCATION and specify to the UNITED STATES. It MUST be notarized and MUST be accompanied with a copy of the fathers passport photo nad signature page.

They DO check it very carefully, at least they did for us. I can tell you it was about the ONLY document they really looked at carefully. It was also requested EACH time we left Ukraine until Pasha was age 16, and we had it with us this year even though he was over age 16. They did not ask for it this year

[Gary and Alla 3,694]

I guess a better or additional question would be will they even issue a visa to the child without this paper and how would it affect my fiancée getting her visa?

In general what are my options?

No affect on the K1.

Absolutely not without the letter or a court order. The letter MUST state is is for PERMANENT RELOCATION and specify to the UNITED STATES. It MUST be notarized and MUST be accompanied with a copy of the fathers passport photo nad signature page.

They DO check it very carefully, at least they did for us. I can tell you it was about the ONLY document they really looked at carefully. It was also requested EACH time we left Ukraine until Pasha was age 16, and we had it with us this year even though he was over age 16. They did not ask for it this year

[spectec 12]

I will give you your answer and then I am going to add some things mostly for the benefit of others who read this.

the K2 is not "valid" for one year. It is valid for 6 months just like the K-1. But its issuance can be delayed for up to one year and that means EXACTLY one year. You can go back within one year of the K-1 and apply for the K-2. The K-2 is then valid for 6 months.

There is nothing in the petition regarding a K2, you list the names of the children. You can get a K2 issued for up to one year after the K1 is issued. After that you would have to file for a CR-2 which you could do IF the child is under 18 when you marry the mother and the child is under age 21 when the CR-2 is issued.

That said...

IF there are children involved in the realtionship and you need permission from the father, the time to get that permission is BEFORE yo file the petition.

Frankly I am shocked that a Ukrainian woman would leave her child behind. Even in the care of a grandmother or something. I would be very concerned about that, myself. We did a K2 to follow for our oldest son but he was entering college in Moscow which means he would be living on his own anyway, he was 18. But there was no question that we would have ALL the documents needed before we made even the first step. This delayed our filing by 4 months.

You understand if your fiancee comes here she will not be able to leave the US and return until you are married and she has an AP or green card? She arrives, you get married and file and her child falls ill and is placed in the hospital...good luck. You will be filing a new CR-1 application to get her back. You COULD get an emergency AP but depending on the exact circumstances even that could take a few days.

Bribery is you best suggestion. But now that the father knows he has leverage...the price just went WAY up

I have very very strong feelings about children and this is something I have little patience for so best I not say more. You have your answer.

Were it me, or Alla, this would be a no-brainer. You delay the interview until you have waht you need for the child, you can sk the consulate for a delay, they will give it to you.

I appreciate and share your concerns for the child. I was searching for all of the options available and thats why I made this post. With that said I have a few additional questions.

How do we apply for the K-2 after? Another I-129F or just contact consulate in Kiev?

What is the maximum delay you feel they would give for the K-1 interview?

[NoneYa 73]

Is the father an active parent in the childs life ? Does he support the child ? I have seen so many children abandoned in this world that I ask this question. If he has all the suddended just become interested in his parental rights...let me suggest something unconventional. Maybe his motive is not love for the child but more so exerting his power and potentially a barganing chip. He might not express this purely or even acknowlege this but you should be aware of this reality and look for subtle clues. If this is true, there is one way to get his signature on this document. Offer him payment for this signature. I don't know about Ukraine but in Russia, it is very common. Corruption, bribes are normal business there. This is an area where you can wipe someones name from property deeds with a little money and approaching the right people.

I would never suggest you offer a bribe to a loving caring parent. A child needs both biological parents in his life but if this parent serves no purpose other than a road block to this childs one big opportunity in life, pay the father off and get it done.

[baron555 934]

I appreciate and share your concerns for the child. I was searching for all of the options available and thats why I made this post. With that said I have a few additional questions.

How do we apply for the K-2 after? Another I-129F or just contact consulate in Kiev?

What is the maximum delay you feel they would give for the K-1 interview?

Just contact the consulate....remember the K-2 visa MUST be issued before the 1 year anniverssary of the K-1 visa issuance....so don't cut it real close.

Max delay for K-1, for what? You can call or email to reschedule, usually they place you in the back of the line, for us this was two months.

[spectec 12]

Just contact the consulate....remember the K-2 visa MUST be issued before the 1 year anniverssary of the K-1 visa issuance....so don't cut it real close.

Max delay for K-1, for what? You can call or email to reschedule, usually they place you in the back of the line, for us this was two months.

My question of the delay was in response of Gary and Allas reply suggesting we ask for a delay from the consulate until we have the fathers agreement.

[pushbrk 13,333]

I appreciate and share your concerns for the child. I was searching for all of the options available and thats why I made this post. With that said I have a few additional questions.

How do we apply for the K-2 after? Another I-129F or just contact consulate in Kiev?

What is the maximum delay you feel they would give for the K-1 interview?

This question is why I get on such a soapbox about terminology and ask that people never interchange the use of the words petition and application. A a petition is not an application for anything. Please don't call it that. Doing so, causes confusion like that seen above.

You contact the consulate and submit a visa application. Not sure I understand your last question but if you want to delay the K1 interview, they'll generally do so as long as you like, provided you continue to communicate with them. It's actually called, "extending the validity of the petition". Consular officers have the power to do so in 4 month increments as many times as they see fit.

[spectec 12]

Is the father an active parent in the childs life ? Does he support the child ? I have seen so many children abandoned in this world that I ask this question. If he has all the suddended just become interested in his parental rights...let me suggest something unconventional. Maybe his motive is not love for the child but more so exerting his power and potentially a barganing chip. He might not express this purely or even acknowlege this but you should be aware of this reality and look for subtle clues. If this is true, there is one way to get his signature on this document. Offer him payment for this signature. I don't know about Ukraine but in Russia, it is very common. Corruption, bribes are normal business there. This is an area where you can wipe someones name from property deeds with a little money and approaching the right people.

I would never suggest you offer a bribe to a loving caring parent. A child needs both biological parents in his life but if this parent serves no purpose other than a road block to this childs one big opportunity in life, pay the father off and get it done.

Well I can tell you he does not support the child at all. My fiancee does it all. The only time he sees his son is when the inlaw who he lives with requests to see him. So simply put in my opinion he doesnt care much about his son. I think at this point it's more he doesnt want his ex wife to be happy. Same was true when they were married.

We have considered bribe as an option and it appears its becoming a more viable one. My fiancee approached him with this idea a few months ago and he was upset to say the least. I would not have her do it again but rather find "the right people" as you stated.