K-2 Questions

[CallaLilly 0]

Ok, let me know if I am in the wrong forum please.

Here is the issue. I am the US citizen, I filed an I-129f for my fiance and included his 2 yr old daughter on there. That is the easy part. Kenny is in South Africa working but is a Nigerian citizen, and will do the interview in South Africa. We planned on bringing his daughter her later, so we could be a little more established. His daughter is still in Nigeria. I know she needs to "interview" also with a medical exam and present her passport. How do we do this? Can she have the medical done at a Consulate approved doctor and send it to South Africa? and Kenny take her passport with him? or does she need to be present also?

And I am confused on time frames because 1 spot says 3 months and another says a year form the issue date of Kenny's visa.

We would like to use the K-2 since it is included with his K-1. He will be stopping in Nigeria on his way to the US from South Africa. Is it something he can take care of while there?

Also the child's mother is not deceased, they were never married , so there is no custody papers. What do we need to show legally able to take her out of the country to live here?

[Ning 619]

Ok, let me know if I am in the wrong forum please.

Here is the issue. I am the US citizen, I filed an I-129f for my fiance and included his 2 yr old daughter on there. That is the easy part. Kenny is in South Africa working but is a Nigerian citizen, and will do the interview in South Africa. We planned on bringing his daughter her later, so we could be a little more established. His daughter is still in Nigeria. I know she needs to "interview" also with a medical exam and present her passport. How do we do this? Can she have the medical done at a Consulate approved doctor and send it to South Africa? and Kenny take her passport with him? or does she need to be present also?

And I am confused on time frames because 1 spot says 3 months and another says a year form the issue date of Kenny's visa.

We would like to use the K-2 since it is included with his K-1. He will be stopping in Nigeria on his way to the US from South Africa. Is it something he can take care of while there?

Also the child's mother is not deceased, they were never married , so there is no custody papers. What do we need to show legally able to take her out of the country to live here?

I believe the most important thing you need to do is contact the embassy in Nigeria directly to get first hand info about what they require to issue a visa to this child. The father will have to prove custody or have a special letter from the mother.

Nigeria is a place where people need to be very careful about the correct understanding of the exact procedures.

[CallaLilly 0]

Just realized the way that is worded makes it sound like we are trying to bring the child to the US illegally. But I meant what documentation do we need? The mother is in agreement to let the daughter move here.

[Ning 619]

Just realized the way that is worded makes it sound like we are trying to bring the child to the US illegally. But I meant what documentation do we need? The mother is in agreement to let the daughter move here.

I didn't get that meaning from what you said at all. I strongly suggest you ask the embassy directly what they require to issue a visa to this child. Whatever actions are needed must be centered in Nigeria because the child is there and I assume a citizen of Nigeria.

It could be as simple as a letter signed by the mother allowing the child to emigrate to the USA. The embassy in my country for example will give people a sample letter as a format.

Additionally I believe you will need to file a petition for the child just as any other person would. Have you done this?

[CallaLilly 0]

No we havent filed for her because she is listed as a child on the I-129f. I thought the children's info is sent to the consulate with the parent's, at the same time. I know she will need a medical exam and her passport. From what I understand they dont acutally interview them just validate their info and if they are going with the parent or later. Since she is not with him, and they need to see her face to compare to photos/passport, trying to see if can do a 2nd seperate interview for her in Nigeria when he goes.
We were just talking and are thinking maybe to change his consulate to Nigeria and go there to do it all. Its just to file a seperate petition is more money. There have been a few things( like broken cars and medical expenses) eating into the savings.

[Ning 619]

No we havent filed for her because she is listed as a child on the I-129f. I thought the children's info is sent to the consulate with the parent's, at the same time. I know she will need a medical exam and her passport. From what I understand they dont acutally interview them just validate their info and if they are going with the parent or later. Since she is not with him, and they need to see her face to compare to photos/passport, trying to see if can do a 2nd seperate interview for her in Nigeria when he goes.

We were just talking and are thinking maybe to change his consulate to Nigeria and go there to do it all. Its just to file a seperate petition is more money. There have been a few things( like broken cars and medical expenses) eating into the savings.

We made this mistake with my daughters visa in not thinking we needed a separate 130 petition. Each person needs a petition and children do not have " derivative" status even though they seem to when we read the forms.

You need to re assure yourself about several aspects of what you are attempting to do and get the info directly from the embassy in Nigeria. If you don't do this you will be very disappointed I am sure.

The child will need a passport as you know and will have the medical. I am sure they don't interview a 2 year old but the child will have to be taken into the embassy to be seen.

Where he tries to interview is up to him but from what we see about Nigeria it doesn't get any worse for those that have to do it there.

Edited July 24, 2013 by Ning

[NikLR 13,227]

We made this mistake with my daughters visa in not thinking we needed a separate 130 petition. Each person needs a petition and children do not have " derivative" status even though they seem to when we read the forms.

You need to re assure yourself about several aspects of what you are attempting to do and get the info directly from the embassy in Nigeria. If you don't do this you will be very disappointed I am sure.

The child will need a passport as you know and will have the medical. I am sure they don't interview a 2 year old but the child will have to be taken into the embassy to be seen.

Where he tries to interview is up to him but from what we see about Nigeria it doesn't get any worse for those that have to do it there.

The OP is on a K1/K2 visa, not a spousal visa like you. The child is a derivative of the K1 visa. (Also if a k3 visa is actually recieved, a child can be a derivative via K4 visa but as K3 are obsolete and rare, it's best to file for a IR2/CR2 instead)

The mother will need a notarized affidavit saying that she is allowing the child to move with her full consent.

They may need to have DNA testing done to affirm that the mother is the mother, and that the father is actually the father.

I found this on the NVC website:

Are My Children Required to Travel with Me?

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa.

[Ning 619]

The OP is on a K1/K2 visa, not a spousal visa like you. The child is a derivative of the K1 visa. (Also if a k3 visa is actually recieved, a child can be a derivative via K4 visa but as K3 are obsolete and rare, it's best to file for a IR2/CR2 instead)

The mother will need a notarized affidavit saying that she is allowing the child to move with her full consent.

They may need to have DNA testing done to affirm that the mother is the mother, and that the father is actually the father.

I found this on the NVC website:

I am sure you are right when it comes to the K 1. Thanks for correcting what I said.

However in my own K 3 case we were told there was no derivative status for my daughter so we had to file a petition for her which delayed us many months. This happened years back.

[NikLR 13,227]

I am sure you are right when it comes to the K 1. Thanks for correcting what I said.

However in my own K 3 case we were told there was no derivative status for my daughter so we had to file a petition for her which delayed us many months. This happened years back.

It's because of the way K3 works.... Most of the time they don't stay as K3 cases and I think you need that initial I-130 as well. It's an odd visa that's hard to understand because they're so rare now as well.

I learned something new too.

[CallaLilly 0]

Thank you both very much. So we do need the mother's consent in writing. Now just to figure out this whole interview thing. Because my fiance is in South Africa and his daughter is in NIgeria.

[Ning 619]

It's because of the way K3 works.... Most of the time they don't stay as K3 cases and I think you need that initial I-130 as well. It's an odd visa that's hard to understand because they're so rare now as well.

I learned something new too.

I was happy to see the death of the K 3 after what I experienced. We didn't know anything about the processes and made ignorant mistakes but we were devastated when we learned my daughter didn't have derivative status. My husband had asked the embassy because he lived in Thailand at the time but they wouldn't answer no matter how many times he tried. What took place in my case caused us a lot of problems and it took 408 days to be issued my visa. Just at the end we found out about the problem with my daughter so it was another set back. They did offer to convert my visa to a C R 1 but we didn't know exactly what that meant and how that might affect my daughters so we declined.

[KayDeeCee 4,893]

Yes, the K-2 is a derivative of the K-1, but the K-2 must have a medical, have their own DS forms and also pay the $240 visa processing fee. You will need documentation from the mother that she gives permission for the child to move to the US with the father. The best advice was already given above, you need to contact Lagos and find out exactly what is required at that consulate. You also may want to seek out others that went through Lagos with a K-2 for more information.

[NikLR 13,227]

Oh goodness what a gong show.

I'm not sure how the K2 visa will work with the child being in another country... Her interview would take place later, whenever you wanted to put the visa in the passport (she will need a valid passport), but I'm not sure it can be in another country. However, you can likely contact the NVC or DOS about the issue?

Edited July 25, 2013 by NLR

[CallaLilly 0]

Ok, so here is the scoop, I emailed both NVC and the consulate in Lagos, Nigeria. Only Lagos has answered so far. After Kenny's visa is approved in South Africa we give them a written request to forward/share the file with Lagos. Once they have it, then Kenny's daughter goes in for her interview to get her K2 visa. this must be done within a year of Kenny's visa.

Now trying to figure out if Kenny needs to be with her or if a family member can take her in. And also, do I need to do a seperate I-134 for her?

Edited July 25, 2013 by CallaLilly