K-2 help plz!!!

[LA NEGRA 19]

Can my stepdaughter live in Dominican Republic and just come visit my fiancé here in USA on vacation if she has a k-1 visa or is there another visa she should have???

She still too young and her mom won't let her move permanently in USA with us until she get a little older.

[perez525 8]

No she can't just come visit and leave with a K2 visa...in order for her to be able to come and leave with no problem will be with her green card. Now a tourist visa is different..however Idk what the requirements are for that..don't know if she is of age or maybe because her dad will be a permanent resident she can get one but that's something you can find out on the us embassy website.

[LA NEGRA 19]

Ok, that's what I thought. Thanks!

[MrTee12 64]

She would have to have a B1/B2 visa (travel/visitor). They are very difficult to obtain in DR. However, you said she is a child and maybe that will make it somewhat easier. Their biggest fear is her using this as a way to immigrate and not return.

Quick question? Was she included on the K1/K2 visa process? If the visa was approved she has 6 months to use it. When she comes you could adjust her status. She will receive her Green Card and maybe she can do 6 months in the US and 6 months in DR. Just a suggestion. Make sure you read the guidelines on Green Card restrictions. The U.S frowns upon people using it as a Visa, you have to live in the U.S for a certain number of months each year.

[LA NEGRA 19]

My stepdaughter is only 3yrs old and she is on my K-1 application..... Her Mother told us that she can move to USA after a couple of yrs when she gets a lil older. My intention was to bring her on a k-1 but her mother change her mind on letting her come live with us as for now so I wanted to know what visa to apply for so she can spend summers with us

[GodsGift225 54]

I agree with MrTee. You can try to apply for a B1/B2 visa (travel/visitor) and since she is a minor she has a bigger possibility on obtain it. However if you added her to your K1 petition this will be good for 1 year. You can later on submit a stand alone petition for your step-daughter once you and your hubby have settle in and have filed the his AOS, Since your are the USC and you have already added her to your petition she will be able to travel much quicker by YOU(USC) petitioning for her, then her own father who will be a LPR which can take anywhere from 10 to 12 years. Now as MrTee stated you can bring her as a K1 file for her AOS as well, and have her giving entrance to both countries every so often, therefore she as well will be a LPR and she will have her green card, and once she gets older and her mother has allowed her to start living here permanently with you guys.

Good luck on the decision you guys make... I say go for the k-1/K2 later on once your husband has been approved and you have have married and filed AOS as this will be a pricey process, and then later on within a few months you can start working on your step-daughter paper works.

[LA NEGRA 19]

Ok so I can get her k-2 later and not pay fees or get her medical right?..

[GodsGift225 54]

You will have to pay the fee of the K-2 application, you as well will have to pay for the medical fees(since she is only 3 it will be somewhat cheaper for her) even at the time you intend to file for her, and course the other miscellaneous stuff, passport, I believe there is also a document you will need from the mother giving the permission for her to travel outside the states, I'm not sure on the price of this document. But she will have to go through the same process your fiances will go through. Medicals, interview, AOS etc...

So yes you can get her later on (within the 1yr period since filing your K-1 for you fiances). and yes you have to repay the same fee that you are currently paying now for your Fiances for your Sept-daughter later on.

Edited August 17, 2012 by GodsGift225

[LA NEGRA 19]

Ok... Yeah I know I got to pay fees but what I meant to say is that if she wasn't coming with us NOW then I won't have to pay for those fee NOW but will have to when she's ready to come.

Edited August 19, 2012 by LA NEGRA

[GodsGift225 54]

Correct ! You will pay it later on.. But before the year of you submitting your original k-1(for your fiance).

[LA NEGRA 19]

Kool... Thanks!