Children can no longer enter as K2?

[Leatherneck 693]

Be sure if you go with the option of having someone other than your husband accompaning the children from the Philippines, make sure you give them written (notarized) authorization to do so to avoid any hassles on both ends of immigration...just to cover the legal stuff.

You might want to research what documents will be required by DFA or immigration on that end so the children will be allowed to exit without hassle/delay.

Edited March 6, 2012 by Leatherneck

[Eve & Jim 4]

Their visa validity has always been stuck in my head. You just brought up something I need to check again, their medical expiry. Is based on the Exam date or the last date of the exam? Either way I think they will pass this time frame. :-(

Other than the fact that I want to get my kids myself, I think it will be more of a hassle if I have my husband get them. I have little information as to what papers to get for my husband to do this. And I did not research further since this was an avenue I was not considering. But now that you have pointed that out, I may take time to reconsider this option.

The visa validity date isn't really based on the medical exam expiration date, it is based on the date their TB test results were finalized to allow travel. This document is what they follow: http://www.cdc.gov/immigrantrefugeehealth/pdf/tuberculosis-ti-2009.pdf The rest of the medical exam is good for 1 year.

I certainly understand the desire to get your kids yourself, but it is really just a few days in the scheme of things. It is much better to get them here while their visa's are valid no matter what's involved than to risk the HUGE MESS that occurs if you don't. As others have also mentioned, your husband will at least have some legal rights and you could probably get some kind of Power of Attorney document to cover paperwork issues. His name is listed at the petitioner on their visas so he will have a whole lot fewer hastles than some 3rd party. And yes, the 3rd party would have to be able to travel with the children on their own visa merrits. I certainly wouldn't count on a 3rd party being able to obtain a tourist visa to help.

You would also have to be sure that the children have go to the CFO Counseling prior to leaving the Philippines.

I hope this helps. I know it isn't what you really want to do, but sometimes what we get in this process isn't anything close to what we really want or what some of the wording on various web sites suggests. It is certainly clear in many cases that what USCIS says and what the U.S. Department of State says and does are a long way apart.

--Jim

[sunny_phil 1]

Be sure if you go with the option of having someone other than your husband accompaning the children from the Philippines, make sure you give them written (notarized) authorization to do so to avoid any hassles on both ends of immigration...just to cover the legal stuff.

You might want to research what documents will be required by DFA or immigration on that end so the children will be allowed to exit without hassle/delay.

Yes, I realize this could be another option yet having someone else accompany my kids will be another ballgame which will involve time, money and uncertainty (if the visa will be granted). Not to mention, the required paperwork we need to get from either DFA or DSWD. Thank you for sharing your thoughts though. I appreciate it.

[sunny_phil 1]

The visa validity date isn't really based on the medical exam expiration date, it is based on the date their TB test results were finalized to allow travel. This document is what they follow: http://www.cdc.gov/immigrantrefugeehealth/pdf/tuberculosis-ti-2009.pdf The rest of the medical exam is good for 1 year.

I certainly understand the desire to get your kids yourself, but it is really just a few days in the scheme of things. It is much better to get them here while their visa's are valid no matter what's involved than to risk the HUGE MESS that occurs if you don't. As others have also mentioned, your husband will at least have some legal rights and you could probably get some kind of Power of Attorney document to cover paperwork issues. His name is listed at the petitioner on their visas so he will have a whole lot fewer hastles than some 3rd party. And yes, the 3rd party would have to be able to travel with the children on their own visa merrits. I certainly wouldn't count on a 3rd party being able to obtain a tourist visa to help.

You would also have to be sure that the children have go to the CFO Counseling prior to leaving the Philippines.

I hope this helps. I know it isn't what you really want to do, but sometimes what we get in this process isn't anything close to what we really want or what some of the wording on various web sites suggests. It is certainly clear in many cases that what USCIS says and what the U.S. Department of State says and does are a long way apart.

--Jim

Hmmm, I wonder which among my documents is the TB test. Is it the Tuberculin Skin Test or the Chest X-Ray? So if the rest of the medical exam is good for a year, does this mean that should the TB test expire, it is the only thing we have to redo?

I know. If anything, I need a miracle right now. I am indeed pressed for time more than I thought it am. I thought the last resort was having my husband go and get them, but I guess not as he cannot travel anytime soon.

The CFO seminar is not necessary for my children in their age, but yes they already have the sticker attached on their passports.

Thank you. Your inputs helped indeed!

[sunny_phil 1]

Just to add. We have requested our AP to be expedited. We should be able to hear back within this week. I feel and want to think positive about getting the AP within the week. Should this not work, I will have to resort to applying for an emergency although I am aware that my case may not fall under this category, I won't know if I don't give it a try.

If anything, I do need a miracle to make this happen. But yes, God willing. Otherwise, He may have a plan better than mine.

I will keep you guys posted.

[Philwithlove 17]

just wondering if the reason for the agent to say that the K2 visa is no longer valid maybe because you are no longer a K1 since you already got married and filed AOS..

[sunny_phil 1]

just wondering if the reason for the agent to say that the K2 visa is no longer valid maybe because you are no longer a K1 since you already got married and filed AOS..

That's what I have been pounding my brain for. But you see, it does not make sense because it is clearly stated that a K2 can be filed within one year after obtaining K1. Definitely within this time frame someone would have already gotten married and filed for AOS.

Could someone please counter if this is not the case?

[sunandmoon 450]

just wondering if the reason for the agent to say that the K2 visa is no longer valid maybe because you are no longer a K1 since you already got married and filed AOS..

That's what I have been pounding my brain for. But you see, it does not make sense because it is clearly stated that a K2 can be filed within one year after obtaining K1. Definitely within this time frame someone would have already gotten married and filed for AOS.

Could someone please counter if this is not the case?

getting married and AOS has no effect on the validity of the K-2 Visa.

[me007 0]

JM your children visa's are good for one year after you get your visa.That woman from USCIS is so wrong.Now if your husband is from the USA he is free to travel to the philippines and stay in the philippines up to 21 days without a visa.He should be the one to go and bring the children to the usa

[Darnell 8,478]

my 2 cents -

the uscis reps you talked to were wrong.

yer kids can travel INTO the USA, on the k-2 visas, ONCE, up until the expiration date on their visas.

If you need more speed, get an infopass appointment for emergency Advanced Parole.

--

now then - usually, it's a good thing to call back 5 times over 5 days, ask the same question of 5 people there, record the answers to paper, then take the over 50 percent answer.

Good Luck !

[Eve & Jim 4]

Hmmm, I wonder which among my documents is the TB test. Is it the Tuberculin Skin Test or the Chest X-Ray? So if the rest of the medical exam is good for a year, does this mean that should the TB test expire, it is the only thing we have to redo?

I know. If anything, I need a miracle right now. I am indeed pressed for time more than I thought it am. I thought the last resort was having my husband go and get them, but I guess not as he cannot travel anytime soon.

The CFO seminar is not necessary for my children in their age, but yes they already have the sticker attached on their passports.

Thank you. Your inputs helped indeed!

This is the procedure that they follow and page 9 is the big key to the time that you are dealing with: http://www.cdc.gov/immigrantrefugeehealth/pdf/tuberculosis-ti-2009.pdf From what I have seen so far, if the TB test expires before travel, they require a whole new exam and charge full price plus you have to pay a new visa fee. I'm not totally sure on all of that, but I'll know in a few days when they tell us. The best thing to do is check the expiration date on their visa, if it expires then things get difficult, complicated and expensive really fast.

What prevents your husband from traveling? If that isn't an option then sending a relative from here in the U.S. with power of attorney documents in hand and a copy of both of your passports would be the first option I would look at. It will be quicker because the U. S. Citizen won't need a visa, but of course the airfare will be a little more expensive for a round trip ticket. The closer the relative is the easier it will be, but you may have to ask an attorney about getting a power of attorney document that is valid at the federal level. Maybe talking to someone at the Border Patrol would be a good idea.

Another idea that could be helpful is if you could meet them at the POE so that if there are questions you can answer them without leaving the U.S. I'm sure you would have to talk to the people at the POE if you intend to do that.

--Jim

[sunandmoon 450]

JM your children visa's are good for one year after you get your visa.That woman from USCIS is so wrong.Now if your husband is from the USA he is free to travel to the philippines and stay in the philippines up to 21 days without a visa.He should be the one to go and bring the children to the usa

this is also wrong. the validity of a K-2 Visa is up to six months from the date it is issued.

[sunny_phil 1]

This is the procedure that they follow and page 9 is the big key to the time that you are dealing with: http://www.cdc.gov/immigrantrefugeehealth/pdf/tuberculosis-ti-2009.pdf From what I have seen so far, if the TB test expires before travel, they require a whole new exam and charge full price plus you have to pay a new visa fee. I'm not totally sure on all of that, but I'll know in a few days when they tell us. The best thing to do is check the expiration date on their visa, if it expires then things get difficult, complicated and expensive really fast.

What prevents your husband from traveling? If that isn't an option then sending a relative from here in the U.S. with power of attorney documents in hand and a copy of both of your passports would be the first option I would look at. It will be quicker because the U. S. Citizen won't need a visa, but of course the airfare will be a little more expensive for a round trip ticket. The closer the relative is the easier it will be, but you may have to ask an attorney about getting a power of attorney document that is valid at the federal level. Maybe talking to someone at the Border Patrol would be a good idea.

Another idea that could be helpful is if you could meet them at the POE so that if there are questions you can answer them without leaving the U.S. I'm sure you would have to talk to the people at the POE if you intend to do that.

--Jim

I still have like weeks and some days before the visas expire. I am still hoping to see a miracle in my case. My husband can no longer file leave from work and there relatives aren't available as well. I am pretty much on my own.

my 2 cents -

the uscis reps you talked to were wrong.

yer kids can travel INTO the USA, on the k-2 visas, ONCE, up until the expiration date on their visas.

If you need more speed, get an infopass appointment for emergency Advanced Parole.

--

now then - usually, it's a good thing to call back 5 times over 5 days, ask the same question of 5 people there, record the answers to paper, then take the over 50 percent answer.

Good Luck !

Tyring the Infopass is one of my other options? How quick do you think can they give the AP document if they approve it? Do I have to go with my husband? Have you tried the infopass too?

JM your children visa's are good for one year after you get your visa.That woman from USCIS is so wrong.Now if your husband is from the USA he is free to travel to the philippines and stay in the philippines up to 21 days without a visa.He should be the one to go and bring the children to the usa

My husband can no longer file leave from work and besides that will be another ball game and paperwork with DFA or DSWD.

Just an update. Today, I got an email from CSC regarding our request for the expedited process. They did not understand the request because the receipt quoted was for the AOS. So they instructed me to send a fax explaining my situation which I did right away. In addition, I made another call to USCIS to request for the expedited process on my AP. I hope they get back to me tomorrow.

Edited March 7, 2012 by sunny_phil

[LIFE'SJOURNEY 970]

What is the exact date your children visa expires?

[sunny_phil 1]

What is the exact date your children visa expires?

April 5th, 2012