KI Visa and K2 visa

[AMT7565 5]

My fiance is planning to get her 9 year old daughter right after she arrives in the US and marries me. If I submit the application this week and assuming her visa will be granted around Dec-2012, she would have 1 year to file for her daughter a K2 visa.

That said, will my fiance be allowed to travel back home to bring her daughter while in a state of conditional green card, assuming she has secured a parole to travel?

Thank you for any advise.

[Love Davao City 0]

My fiance is planning to get her 9 year old daughter right after she arrives in the US and marries me. If I submit the application this week and assuming her visa will be granted around Dec-2012, she would have 1 year to file for her daughter a K2 visa.

That said, will my fiance be allowed to travel back home to bring her daughter while in a state of conditional green card, assuming she has secured a parole to travel?

Thank you for any advise.

My understanding is that she can leave but must be back within in a time that shows her intent is to stay in the United States. I would not see a problem if she went over for a short stay and brought her daughter back.

© Disruption of continuity of residence

(1) Absence from the United States .

(i) For continuous periods of between six (6) months and one (1) year. Absences from the United States for continuous periods of between six (6) months and one (1) year during the periods for which continuous residence is required under § 316.2(a)(3) and (a)(6) shall disrupt the continuity of such residence for purposes of this part unless the applicant can establish otherwise to the satisfaction of the Service. This finding remains valid even if the applicant did not apply for or otherwise request a nonresident classification for tax purposes, did not document an abandonment of lawful permanent resident status, and is still considered a lawful permanent resident under immigration laws. The types of documentation which may establish that the applicant did not dis rupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence: (Amended 9/24/93; 58 FR 49913)

(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

© The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.

[pushbrk 12,908]

My fiance is planning to get her 9 year old daughter right after she arrives in the US and marries me. If I submit the application this week and assuming her visa will be granted around Dec-2012, she would have 1 year to file for her daughter a K2 visa.

That said, will my fiance be allowed to travel back home to bring her daughter while in a state of conditional green card, assuming she has secured a parole to travel?

Thank you for any advise.

Sure, she can re-enter the USA with her conditional green card. Once she has that, "parole" is meaningless. Advance parole is for travel in ADVANCE of receiving the green card.

[baron555 934]

My fiance is planning to get her 9 year old daughter right after she arrives in the US and marries me. If I submit the application this week and assuming her visa will be granted around Dec-2012, she would have 1 year to file for her daughter a K2 visa.

That said, will my fiance be allowed to travel back home to bring her daughter while in a state of conditional green card, assuming she has secured a parole to travel?

Thank you for any advise.

Remember that a notarized letter from the child's other parent granting permission to immigrate permanently to the US and to travel back and forth will be required before any visa will be issued to the child.

[AMT7565 5]

Remember that a notarized letter from the child's other parent granting permission to immigrate permanently to the US and to travel back and forth will be required before any visa will be issued to the child.

Yes, noted and an affidavit of such has already been obtained from the father of the child.

Thank you for the headsup.