K-2 question/problem

[Ron4 22]

I really hope noone else has had this problem, but I am still looking for some answers and or advice.

I have petitioned for my fiance and her two children 15 and 18, and have been approved, our interview is scheduled on Sept 17th. Medicals scheduled for the 14th.

We just found out the 18 year old is pregnant.....need a minute for that to sink in.

So here we go, the boyfriend has been petitioned by his parents and has his visa interview on the 18th. What kind of problems will it cause if they come to US seperately but then move in together or marry? Are we just asking for problems?

What do we need to do now that she is pregnant and this was not listed on original paperwork? Can she still get visa?

What about vaccinations? I know she doesn't "need" them until AOS but have read many reports of docs in Colombia saying they are needed (even with proof of having had them already) can the doctor fail you on medical for this? I know there is at least one of the vaccines you cannot get while pregnant.

Will it cause problems if she has her K-2 visa but wants to travel with the boyfriend and his different visa? (I am discouraging this)

So many new questions my head is swimming a little, being a grandpa is cool....but the timing! Come on people give me a break!

Thanks for any help.

[C-ma'am 684]

I really hope noone else has had this problem, but I am still looking for some answers and or advice.

I have petitioned for my fiance and her two children 15 and 18, and have been approved, our interview is scheduled on Sept 17th. Medicals scheduled for the 14th.

We just found out the 18 year old is pregnant.....need a minute for that to sink in.

So here we go, the boyfriend has been petitioned by his parents and has his visa interview on the 18th. What kind of problems will it cause if they come to US seperately but then move in together or marry? Are we just asking for problems?

What do we need to do now that she is pregnant and this was not listed on original paperwork? Can she still get visa?

What about vaccinations? I know she doesn't "need" them until AOS but have read many reports of docs in Colombia saying they are needed (even with proof of having had them already) can the doctor fail you on medical for this? I know there is at least one of the vaccines you cannot get while pregnant.

Will it cause problems if she has her K-2 visa but wants to travel with the boyfriend and his different visa? (I am discouraging this)

So many new questions my head is swimming a little, being a grandpa is cool....but the timing! Come on people give me a break!

Thanks for any help.

I'm going to give your post a friendly bump so it doesn't get buried I'm totally clueless about K2s, but I'm sure someone else with experience can help you with these questions.

[JimVaPhuong 4,863]

How far along is she? Some airlines won't fly pregnant passengers in their last trimester. Nearly all won't fly them in their last month.

Being pregnant doesn't change the daughter's eligibility for a visa, though being married would disqualify her. If the baby is born before the daughter travels to the US then the baby won't be eligible for a visa based on the K1 petition. Derivative visas are available to unmarried children of the primary beneficiary, but not to grandchildren. If the baby is born after the daughter travels to the US then the baby is virtually guaranteed US citizenship.

This can put the consular officer in a quandary.

If the baby is born before the daughter travels to the US then the baby will have to wait for the daughter to become a permanent resident, petition for an F2A visa, and then wait for the priority date to become current, so we're talking 2 to 3 years before the baby comes to the US as a permanent resident. On the other hand, if the baby is born after the daughter travels to the US then the baby is automatically a US citizen without having to go through the immigration process. The only factor that determines which of the two scenarios happens is timing. Consular officers don't generally like handing out US citizenship to a child that isn't otherwise eligible for it. They deny tourist visas if they suspect the applicant is traveling to the US to give birth. If the child has a US citizen father then they may delay issuing a visa to the mother until after the child is born, and then insist on the child's citizenship being proven by filing a CRBA. This happens frequently to K1 beneficiaries. In this case, I could see the consular officer using the 'public charge' determination to delay the issuance of the visa. The daughter is definitely going to need medical treatment in the US if she travels before the baby is born. The consular officer could ask for proof that the daughter will be covered by medical insurance, or that the petitioner will have sufficient funds to pay for that medical treatment. If they suspect she's going to use Medicaid in the US to pay for prenatal care and delivery then they'll deny the visa on the 'public charge' requirement.

The consular officer has many tactics at their disposal to delay issuing a visa. I could see them using those tactics in this case to ensure that the child is born in Colombia. Be prepared for this possibility.

Vaccines which are inappropriate for a pregnant woman can usually be postponed until after the intending immigrant arrives in the US. They'll need to get those vaccines in the US, and have them documented on an I-693 by a civil surgeon in the US, before they'll be able to get a green card.

It doesn't matter who the daughter travels with, as long as she doesn't enter the US before the primary beneficiary. She must not get married before entering the US or her K2 visa will be void. There was a relatively recent ruling that established that a K2 who is eligible to adjust status when they enter the US will remain eligible to adjust status as a K2 thereafter, as long as the K1 is eligible to adjust status, but that ruling was specifically about K2's who aged out after arriving in the US. I don't know if marrying before she adjusts status would affect her eligibility to adjust status. Just to be safe, it would probably be best if she waited until she had her green card to get married.

[Ron4 22]

How far along is she? Some airlines won't fly pregnant passengers in their last trimester. Nearly all won't fly them in their last month.

Being pregnant doesn't change the daughter's eligibility for a visa, though being married would disqualify her. If the baby is born before the daughter travels to the US then the baby won't be eligible for a visa based on the K1 petition. Derivative visas are available to unmarried children of the primary beneficiary, but not to grandchildren. If the baby is born after the daughter travels to the US then the baby is virtually guaranteed US citizenship.

This can put the consular officer in a quandary.

If the baby is born before the daughter travels to the US then the baby will have to wait for the daughter to become a permanent resident, petition for an F2A visa, and then wait for the priority date to become current, so we're talking 2 to 3 years before the baby comes to the US as a permanent resident. On the other hand, if the baby is born after the daughter travels to the US then the baby is automatically a US citizen without having to go through the immigration process. The only factor that determines which of the two scenarios happens is timing. Consular officers don't generally like handing out US citizenship to a child that isn't otherwise eligible for it. They deny tourist visas if they suspect the applicant is traveling to the US to give birth. If the child has a US citizen father then they may delay issuing a visa to the mother until after the child is born, and then insist on the child's citizenship being proven by filing a CRBA. This happens frequently to K1 beneficiaries. In this case, I could see the consular officer using the 'public charge' determination to delay the issuance of the visa. The daughter is definitely going to need medical treatment in the US if she travels before the baby is born. The consular officer could ask for proof that the daughter will be covered by medical insurance, or that the petitioner will have sufficient funds to pay for that medical treatment. If they suspect she's going to use Medicaid in the US to pay for prenatal care and delivery then they'll deny the visa on the 'public charge' requirement.

The consular officer has many tactics at their disposal to delay issuing a visa. I could see them using those tactics in this case to ensure that the child is born in Colombia. Be prepared for this possibility.

Vaccines which are inappropriate for a pregnant woman can usually be postponed until after the intending immigrant arrives in the US. They'll need to get those vaccines in the US, and have them documented on an I-693 by a civil surgeon in the US, before they'll be able to get a green card.

It doesn't matter who the daughter travels with, as long as she doesn't enter the US before the primary beneficiary. She must not get married before entering the US or her K2 visa will be void. There was a relatively recent ruling that established that a K2 who is eligible to adjust status when they enter the US will remain eligible to adjust status as a K2 thereafter, as long as the K1 is eligible to adjust status, but that ruling was specifically about K2's who aged out after arriving in the US. I don't know if marrying before she adjusts status would affect her eligibility to adjust status. Just to be safe, it would probably be best if she waited until she had her green card to get married.

She is 4 weeks along and would be traveling when at 15 or so weeks so not worried about airline rules.

Thanks for pointing out these possibilities, I of course was planning on adding everyone to my insurance after arrival but will look into what I need to do to prove she will be insured.

I hope the fact that she became pregnant 6 months after petition was filed will help show she is not just going to have her baby here. If they delay her visa we will do what we need to but would really like to do everything to insure we can all travel together.

I'm going to give your post a friendly bump so it doesn't get buried I'm totally clueless about K2s, but I'm sure someone else with experience can help you with these questions.

Thanks for the boost, I wrote this late last night after a long conversation with my fiance and then while laying in bed worried that it would get pushed way down before anyone even saw it.

[Gary and Alla 3,694]

I really hope noone else has had this problem, but I am still looking for some answers and or advice.

I have petitioned for my fiance and her two children 15 and 18, and have been approved, our interview is scheduled on Sept 17th. Medicals scheduled for the 14th.

We just found out the 18 year old is pregnant.....need a minute for that to sink in.

So here we go, the boyfriend has been petitioned by his parents and has his visa interview on the 18th. What kind of problems will it cause if they come to US seperately but then move in together or marry? Are we just asking for problems?

What do we need to do now that she is pregnant and this was not listed on original paperwork? Can she still get visa?

What about vaccinations? I know she doesn't "need" them until AOS but have read many reports of docs in Colombia saying they are needed (even with proof of having had them already) can the doctor fail you on medical for this? I know there is at least one of the vaccines you cannot get while pregnant.

Will it cause problems if she has her K-2 visa but wants to travel with the boyfriend and his different visa? (I am discouraging this)

So many new questions my head is swimming a little, being a grandpa is cool....but the timing! Come on people give me a break!

Thanks for any help.

No problems. There is no requirement for the 18 year old beneficiary to live with you. Her benefits are derivitive of your wife's. Your WIFE needs to live with you, her children only need to be somewhere in the USA.

One of our sons was 18 when he arrived and was a student away at school, and still is. No problems.

Get whatever vaccines you need there if you can...cheaper.

What do you mean by travel? Within the USA, no problems, and no problems after she has a green card for international travel. Again, our son has traveled internationally by himself (both of them have) If you mean for her to enter the US with her K2 at the same time as her boyfriend with a different visa...no problem as long as her K2 is valid.

Keep in mind that boyfriends, pregnancy, etc are no timmigration issues and no one in USCIS cares either way and it has no affect on visa issuance good or bad.

Edited August 25, 2012 by Gary and Alla

[Gary and Alla 3,694]

How far along is she? Some airlines won't fly pregnant passengers in their last trimester. Nearly all won't fly them in their last month.

Being pregnant doesn't change the daughter's eligibility for a visa, though being married would disqualify her. If the baby is born before the daughter travels to the US then the baby won't be eligible for a visa based on the K1 petition. Derivative visas are available to unmarried children of the primary beneficiary, but not to grandchildren. If the baby is born after the daughter travels to the US then the baby is virtually guaranteed US citizenship.

This can put the consular officer in a quandary.

If the baby is born before the daughter travels to the US then the baby will have to wait for the daughter to become a permanent resident, petition for an F2A visa, and then wait for the priority date to become current, so we're talking 2 to 3 years before the baby comes to the US as a permanent resident. On the other hand, if the baby is born after the daughter travels to the US then the baby is automatically a US citizen without having to go through the immigration process. The only factor that determines which of the two scenarios happens is timing. Consular officers don't generally like handing out US citizenship to a child that isn't otherwise eligible for it. They deny tourist visas if they suspect the applicant is traveling to the US to give birth. If the child has a US citizen father then they may delay issuing a visa to the mother until after the child is born, and then insist on the child's citizenship being proven by filing a CRBA. This happens frequently to K1 beneficiaries. In this case, I could see the consular officer using the 'public charge' determination to delay the issuance of the visa. The daughter is definitely going to need medical treatment in the US if she travels before the baby is born. The consular officer could ask for proof that the daughter will be covered by medical insurance, or that the petitioner will have sufficient funds to pay for that medical treatment. If they suspect she's going to use Medicaid in the US to pay for prenatal care and delivery then they'll deny the visa on the 'public charge' requirement.

The consular officer has many tactics at their disposal to delay issuing a visa. I could see them using those tactics in this case to ensure that the child is born in Colombia. Be prepared for this possibility.

Vaccines which are inappropriate for a pregnant woman can usually be postponed until after the intending immigrant arrives in the US. They'll need to get those vaccines in the US, and have them documented on an I-693 by a civil surgeon in the US, before they'll be able to get a green card.

It doesn't matter who the daughter travels with, as long as she doesn't enter the US before the primary beneficiary. She must not get married before entering the US or her K2 visa will be void. There was a relatively recent ruling that established that a K2 who is eligible to adjust status when they enter the US will remain eligible to adjust status as a K2 thereafter, as long as the K1 is eligible to adjust status, but that ruling was specifically about K2's who aged out after arriving in the US. I don't know if marrying before she adjusts status would affect her eligibility to adjust status. Just to be safe, it would probably be best if she waited until she had her green card to get married.

Good deatils on the baby. I took it that they are due for an interview soon and that was not an issue for them, but thanks Jim. Very thorough as usual.