Need advice....

[ChristinaM 0]

I have a friend who came to the US in August on a K1, with her son on a K2. Her daughter didn't wish to come to the US to live (only for the holidays to see her mum), and stayed in the UK with her father.

My friend got married, and she and her son are in the middle of their AOS. Just before Christmas things went sour between her daughter and her father, and he has completely disowned her. So she came to the US for Christmas on the VWP and my friend is obviously unwilling to let her return home to the UK where she would be put into care.

I would like to give her some advice, but I hope you guys might know more than I do. Is it possible to retrospectively apply for K2 and then activate follow-to-join benefits? My concern is that because she is not "immediate family" of the USC and was not mentioned on the original K1/K2 petition, she will not be able to adjust status here in the US.

Can anyone give me any ideas?

Thanks,

Christina

[diadromous mermaid 36]

I have a friend who came to the US in August on a K1, with her son on a K2. Her daughter didn't wish to come to the US to live (only for the holidays to see her mum), and stayed in the UK with her father.

My friend got married, and she and her son are in the middle of their AOS. Just before Christmas things went sour between her daughter and her father, and he has completely disowned her. So she came to the US for Christmas on the VWP and my friend is obviously unwilling to let her return home to the UK where she would be put into care.

I would like to give her some advice, but I hope you guys might know more than I do. Is it possible to retrospectively apply for K2 and then activate follow-to-join benefits? My concern is that because she is not "immediate family" of the USC and was not mentioned on the original K1/K2 petition, she will not be able to adjust status here in the US.

Can anyone give me any ideas?

Thanks,

Christina

I believe that a K-2 can apply within either 6 months or 1 year of the principal K-1's visa issuance date. I'm going off memory, but I'll try to locate the info in abit.

[ChristinaM 0]

Thanks, Diaddie.

[diadromous mermaid 36]

"Children Have Derivative Status

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18. "

http://travel.state.gov/visa/immigrants/ty...s_1315.html#12d

[ChristinaM 0]

Since the child was NOT originally named in the I-129F, what can be done? Or does "named" just mean listed as a child of the non-USC?

Edited January 30, 2006 by clmarsh

[ChristinaM 0]

Looking at the I-129F form, there is nothing to state that you are requesting derivative status for one child but not another. So therefore, the daughter - assuming her name was on the original I-129F - could use follow-to-join. Would she have to return to the UK to get that? Do K2's get a stamp in their passport or something?

Any info gratefully received!

[diadromous mermaid 36]

Since the child was NOT originally named in the I-129F, what can be done? Or does "named" just mean listed as a child of the non-USC?

My off-the-hip response would be no, but it's worth a call to an immigration attorney to confirm.

See,

"If the child is not named on the I-129F petition, will that be a problem?

The K-4 visa will not be denied because the child's name is not listed on the I-129F petition as long as it can be established that he/she is the minor, unmarried child of the applicant issued a K-3 visa."

If this source is veritable, I'd imagine this applies to K2's as well.

http://chennai.usconsulate.gov/fiance/fian...not_on_petition

[ChristinaM 0]

Just to clear a couple of things up: My friends daughter is 14 - nowhere close to being an age-out, and in no way old enough to go back to to the UK on her own.

Also, my friend ticked the box that said her daughter would NOT be following-to-join. What's the implication of that now that she does wish to come here?

Thanks

[eau_xplain 2]

Christina,

Your friend's daughter will possibly be eligible to apply for AOS based on the following:

You may be eligible to apply for adjustment to permanent resident status if you are already in the United States and if one or more of the following categories apply to you.

Family Member

You are the spouse, parent, unmarried child under age 21, the unmarried son or daughter over age 21, the married son or daughter, or the brother or sister of a United States citizen and have a visa petition approved in your behalf.

See the full details here .

Your friend's husband should submit the Form I-130 together with the child's AOS packet (including other forms that form part of initial evidence).

[Girona40 0]

If the child is listed anywhere on the I-129F, even if it is just as a child of the UK beneficiary, you can apply for a K-2 visa for that child. You do not have to state that their intention was to follow to join.

Unfortunately, they have to apply for the K-2 in the UK, it can't be done here in the US. I had to do the same for my son.

The others have listed requirements and rules that apply to a K-3's child. They do not apply to K-2's. PM me if you want more details.