Adding Family Members to k1 Visa?

[stefan y karen 23]

VJ Family,

We've had an unexpected wrinkle in our Journey. We have already received our NOA2, the packet has left the NVC and is en route to the Embassy in Bogota and...Karen's father passed away suddenly last week. It was very sad because he was a beloved school teacher and unexpected because he was only 58. So now, our plans to leave her daughter with her parents for a few months while Karen gets accustomed her are in jeapordy, but we are also worried about leaving her mom here alone. So three questions:

1) I already spoke to the constituent affairs person at my local congressman's office about this and they told me Karen's mom could not be added to the K1 visa, that we would need to start the whole process over for her mom. Your thoughts and advice?

2) Her daughter was already included on the K1 application, but what's the longest her daughter can stay behind in Colombia before having to come to the US?

3) Can I file the AOS for Karen and her daughter before her daughter arrives in the US?

Thank you all so much!

[Harpa Timsah 13,258]

Mom cannot go on a K-1 petition. Your wife will need to be a USC before she can petition for her mom.

Cannot AOS before they are even in the US.

I'm sorry for your loss.

Edited January 31, 2012 by Harpa Timsah

[aleful 1,905]

VJ Family,

We've had an unexpected wrinkle in our Journey. We have already received our NOA2, the packet has left the NVC and is en route to the Embassy in Bogota and...Karen's father passed away suddenly last week. It was very sad because he was a beloved school teacher and unexpected because he was only 58. So now, our plans to leave her daughter with her parents for a few months while Karen gets accustomed her are in jeapordy, but we are also worried about leaving her mom here alone. So three questions:

1) I already spoke to the constituent affairs person at my local congressman's office about this and they told me Karen's mom could not be added to the K1 visa, that we would need to start the whole process over for her mom. Your thoughts and advice?

2) Her daughter was already included on the K1 application, but what's the longest her daughter can stay behind in Colombia before having to come to the US?

3) Can I file the AOS for Karen and her daughter before her daughter arrives in the US?

k1 is only for fiance and minor unmarried children. when she becomes a USC in over 3 years, she can file for her mother. only US Citizens can file a petition for parents.

I don't think you understand what the K1 is for, it's a visa to come to the US, marry within 90 days and file for adjustment of status in the US

Thank you all so much!

[MissDinaDee 8]

You have 6 months from the date of your K-1 to enter the US after that it is null and void!

Sorry for you loss

MrsJ

[aaron2020 11,651]

VJ Family,

We've had an unexpected wrinkle in our Journey. We have already received our NOA2, the packet has left the NVC and is en route to the Embassy in Bogota and...Karen's father passed away suddenly last week. It was very sad because he was a beloved school teacher and unexpected because he was only 58. So now, our plans to leave her daughter with her parents for a few months while Karen gets accustomed her are in jeapordy, but we are also worried about leaving her mom here alone. So three questions:

1) I already spoke to the constituent affairs person at my local congressman's office about this and they told me Karen's mom could not be added to the K1 visa, that we would need to start the whole process over for her mom. Your thoughts and advice?

2) Her daughter was already included on the K1 application, but what's the longest her daughter can stay behind in Colombia before having to come to the US?

3) Can I file the AOS for Karen and her daughter before her daughter arrives in the US?

Thank you all so much!

1. There is nothing that you can do. Karen is the K-1 visa applicant. A parent is not allowed to be added to a K-1. Karen would need to be a US citizen before she can petition for her mom. It will take 3 years of marriage to you and 3 years of being a green card holder (legal permanent resident) before she qualify for US citizenship.

No one can petition for an in-law, so you cannot petition for Karen's mom.

A visitor visa for mom to visit is all mom can apply for now. She cannot immigrate to the US now.

2. Karen's daughter will get a K-2 visa. It's usually valid for 6 months. It may be shorter if the medical exam will expire before the 6 months. There will be an expiration date on the visa.

3. No. If here daughter is not in the US, she has not status for her to adjust. She has to come to the US on the K-2 visa before you can adjust her status.

I understand that family needs may override financial ones, but here is something for you to consider. It will cost you more to adjust Karen and her daughter's status separately. Additionally, they may have to apply to remove the condition on their green cards separately. Obviously, the fees would be less if they went through both processes together.

Edited January 31, 2012 by aaron2020

[stefan y karen 23]

1. There is nothing that you can do. Karen is the K-1 visa applicant. A parent is not allowed to be added to a K-1. Karen would need to be a US citizen before she can petition for her mom. It will take 3 years of marriage to you and 3 years of being a green card holder (legal permanent resident) before she qualify for US citizenship.

No one can petition for an in-law, so you cannot petition for Karen's mom.

A visitor visa for mom to visit is all mom can apply for now. She cannot immigrate to the US now.

2. Karen's daughter will get a K-2 visa. It's usually valid for 6 months. It may be shorter if the medical exam will expire before the 6 months. There will be an expiration date on the visa.

3. No. If here daughter is not in the US, she has not status for her to adjust. She has to come to the US on the K-2 visa before you can adjust her status.

I understand that family needs may override financial ones, but here is something for you to consider. It will cost you more to adjust Karen and her daughter's status separately. Additionally, they may have to apply to remove the condition on their green cards separately. Obviously, the fees would be less if they went through both processes together.

Seriously, THANK YOU for the information! I knew you would have some advice! God bless you all!

[aaron2020 11,651]

Seriously, THANK YOU for the information! I knew you would have some advice! God bless you all!

Best of luck to you and your family.

[baron555 934]

VJ Family,

We've had an unexpected wrinkle in our Journey. We have already received our NOA2, the packet has left the NVC and is en route to the Embassy in Bogota and...Karen's father passed away suddenly last week. It was very sad because he was a beloved school teacher and unexpected because he was only 58. So now, our plans to leave her daughter with her parents for a few months while Karen gets accustomed her are in jeapordy, but we are also worried about leaving her mom here alone. So three questions:

1) I already spoke to the constituent affairs person at my local congressman's office about this and they told me Karen's mom could not be added to the K1 visa, that we would need to start the whole process over for her mom. Your thoughts and advice?

Yep her Mom is not a child of the fiance so they can not be added. You the USC can petition for an in-law, once you guys are married and it will take about one year.

2) Her daughter was already included on the K1 application, but what's the longest her daughter can stay behind in Colombia before having to come to the US?

One year from the date of the issuance of her visa.

3) Can I file the AOS for Karen and her daughter before her daughter arrives in the US?

No, Karen needs to get married to you, here, first before you can AOS her and the child must immigrate into the US and then can AOS on their own.

Thank you all so much!

[baron555 934]

Some partially incorrect information here.

1. There is nothing that you can do. Karen is the K-1 visa applicant. A parent is not allowed to be added to a K-1. Karen would need to be a US citizen before she can petition for her mom. It will take 3 years of marriage to you and 3 years of being a green card holder (legal permanent resident) before she qualify for US citizenship.

No one can petition for an in-law, so you cannot petition for Karen's mom.

A visitor visa for mom to visit is all mom can apply for now. She cannot immigrate to the US now. True for now, but once they are married, the USC can petition for the in-law. Karen can do it once she becomes a US citizen (actually can do it with a 10 year green card but the wait times are up to five years for that.

2. Karen's daughter will get a K-2 visa. It's usually valid for 6 months. It may be shorter if the medical exam will expire before the 6 months. There will be an expiration date on the visa.

The daughter has one year To Follow, then correct she will be issued a K-2 which will have a validity of use of 6 months, so I stand corrected, total of 1-1/2 year difference.

3. No. If here daughter is not in the US, she has not status for her to adjust. She has to come to the US on the K-2 visa before you can adjust her status.

Correct.

I understand that family needs may override financial ones, but here is something for you to consider. It will cost you more to adjust Karen and her daughter's status separately.

Correct.

Additionally, they may have to apply to remove the condition on their green cards separately. Obviously, the fees would be less if they went through both processes together.

[milimelo 4,572]

You can never petition for in-laws, where did you get that idea baron? USC can petition for their parent, but not for an in-law.

[skiptex 225]

You can never petition for in-laws, where did you get that idea baron? USC can petition for their parent, but not for an in-law.

[aaron2020 11,651]

Some partially incorrect information here.

OMG. Get your facts straight. You got so many important facts wrong.

----------------------------------------------

NO ONE CAN PETITION FOR AN IN-LAW. A USC CAN NOT PETITION FOR AN IN-LAW. Stefan cannot petition for his mother-in-law.

Read the instructions for Form I-130; http://www.uscis.gov/files/form/i-130instr.pdf

Who May Not File Form I-130?

You may not file for a person in the following categories:

8. A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or in-law.

----------------------

AN LPR CAN NOT FILE FOR A PARENT. AN LPR CAN ONLY FILE FOR A SPOUSE OR UNMARRIED CHILD, SON, or DAUGHTER. Karen cannot file for her mother with a 10 years green card. She has to be a US citizen to file for her mother.

2. If you are a lawful permanent resident of United States, you may file this form for:

A. Your husband or wife;

B. Your unmarried child under age 21;

C. Your unmarried son or daughter age 21 or older.

Edited January 31, 2012 by aaron2020

[skiptex 225]

thanks Aaron!

[milimelo 4,572]

double post. internet issues...

Edited January 31, 2012 by milimelo

[baron555 934]

You can never petition for in-laws, where did you get that idea baron? USC can petition for their parent, but not for an in-law.

I read the various instructions and other related visa options......that's where I came up with the idea.

But I didn't think of it first, USICS did. I'd belittle them next time. OK?