K2 Visa Holder Leaves Country Before AOS

[Vicky and Larry 27]

I came to America on a K1 Visa and married my fiance' before the 90 days. We have not yet adjusted our status and my son who is 17 and came with me on a K2 Visa has had to leave the country, for perhaps up to 6 months. Does anyone know what our options are when he's ready to come back to the USA?

Thanks.

[Touch of Treble 39]

Did he apply for and receive his advanced parole? If not then he may have to reapply to enter again. Not sure but it's quite complicated without and Advanced Parole, which is permission to leave and re-enter the USA.

[Hypnos 6,576]

(1) The embassy might be willing to re-issue his K-2 visa if you can show the reason he left was an exigent situation beyond his control. The expiration date on his new K-2 would likely be the same as his old one, and I believe they are only issued for six months, so if he is staying in the UK for six months then this may not work from a timeline standpoint. This won't work as your timeline indicates your K-1 and K-2 were issued in February, so their expiration would be ~August.

(2) Your husband could file an I-130 on your son's behalf as his stepfather and petition him for an immigrant visa that way. It would likely take ~8 - 10 months from beginning to end, and your son would automatically receive a green card upon entry to the US.

(3) You could file an I-130 for your son, however the current waiting time for F2A classification from the UK to become current (unmarried minor son or daughter of a permanent resident) is over two years. Option (2) is superior for this reason.

(Edit) Advanced Parole would not apply because they have not applied for AoS yet.

Edited October 26, 2012 by Hypnos

[Vicky and Larry 27]

(1) The embassy might be willing to re-issue his K-2 visa if you can show the reason he left was an exigent situation beyond his control. The expiration date on his new K-2 would likely be the same as his old one, and I believe they are only issued for six months, so if he is staying in the UK for six months then this may not work from a timeline standpoint. This won't work as your timeline indicates your K-1 and K-2 were issued in February, so their expiration would be ~August.

(2) Your husband could file an I-130 on your son's behalf as his stepfather and petition him for an immigrant visa that way. It would likely take ~8 - 10 months from beginning to end, and your son would automatically receive a green card upon entry to the US.

(3) You could file an I-130 for your son, however the current waiting time for F2A classification from the UK to become current (unmarried minor son or daughter of a permanent resident) is over two years. Option (2) is superior for this reason.

(Edit) Advanced Parole would not apply because they have not applied for AoS yet.

Thank you so much. We have had a very tricky situation, which meant he had to leave before I could do any research about re-entering. Seems like the I-130 is the way to go. We will start the filing process as soon as possible, so he is not waiting around for too long.

Thank you again, I feel some comfort knowing that information. :-)

Did he apply for and receive his advanced parole? If not then he may have to reapply to enter again. Not sure but it's quite complicated without and Advanced Parole, which is permission to leave and re-enter the USA.

Thanks for your response! :-)

[Darnell 8,478]

I vote for the USCitizen Spouse filing an I-130 on the child.

Be 'ware of the age out issue...

Good Luck !

[Vicky and Larry 27]

I vote for the USCitizen Spouse filing an I-130 on the child.

Be 'ware of the age out issue...

Good Luck !

Me too! :-)

He's 17 right now.

[Gary and Alla 3,694]

I came to America on a K1 Visa and married my fiance' before the 90 days. We have not yet adjusted our status and my son who is 17 and came with me on a K2 Visa has had to leave the country, for perhaps up to 6 months. Does anyone know what our options are when he's ready to come back to the USA?

Thanks.

IF he was UNDER age 18 when you got married and he is under age 21 when he decides to come back, you can file an I-130 and get him an CR-2 visa. It will take about a year. So maybe file it now.

You should NEVER leave without getting an AP. You can get an energency AP by making an infopass appointment and getting it at the local office. There is no need for anyone that is eligible to file for AOS to ever leave without it. Too late in your case, but for others who may find themselves in the same situation, always make an infopass appointment. In many cases they will take the application and tell you GO, they will send the AP to the foreign consulate for you to pick up

And YES you MUST file the AOS to receive the AP. You would need the receipt from filing the AOS. He actually had no status to protect when he left. In your case the CR-2 may be the only practical answer but for others, so they know, you CAN get an emergency AP and it does not need to be too "much" of an emergency.

Edited October 27, 2012 by Gary and Alla

[baron555 934]

I came to America on a K1 Visa and married my fiance' before the 90 days. We have not yet adjusted our status and my son who is 17 and came with me on a K2 Visa has had to leave the country, for perhaps up to 6 months. Does anyone know what our options are when he's ready to come back to the USA?

Thanks.

He can not re-enter and has abandoned his chance to file along with the parent with their AOS filing.

The USC can file for him as the child of a LPR.......but the parent must AOS and receive their GC BEFORE any of this can happen because the immigrant is currently out of status.

It will probably be more than a year before he can gain re-entry....I trust you all are OK with that?

[Vicky and Larry 27]

He can not re-enter and has abandoned his chance to file along with the parent with their AOS filing.

The USC can file for him as the child of a LPR.......but the parent must AOS and receive their GC BEFORE any of this can happen because the immigrant is currently out of status.

It will probably be more than a year before he can gain re-entry....I trust you all are OK with that?

He would be returning next summer, so yes, we are okay with that.

Thanks.

[EAS 45]

... Advanced Parole, which is permission to leave and re-enter the USA.

This is not quite correct. From the USCIS website...

Q4. If I receive this card, does that guarantee my re-entry into the United States if I travel?

A4. No. This card authorizes parole, not admission, to the U.S. Parole is not an admission or "entry". If you obtain this card, you may use it to travel abroad and return to the U.S. Upon arriving at a port-of-entry, you should present the card to a Customs and Border Protection (CBP) Officer to request parole. Issuance of an Advance Parole document does not guarantee that CBP will parole you into the U.S. If parole is granted, you will be permitted to come into the U.S. as a parolee, but will not have been 'admitted". Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status.

It is a fine but important distinction, but Advance Parole is NOT permission to re-enter the United States.