options for children to follow k-1 visa holder

[manli 0]

Not trying to bounce off another thread, but the info seemed across the board. My question relates to the I129F and the k-1 k-2 visa process. As I understand it, the child of a k-1 visa holder can delay entry up to 6 months. Are there any extensions applicable after the 6 months? Does another entirely different process need to be imitated in order for the child to follow later than the initial 6 month time allotment?

Thanks

Edited September 9, 2014 by manli

[Penguin_ie 5,993]

There is a couple of different options:

- Have the K2 issues; usually, the visa is valid for 6 months (it may be less if the medical was done a long time before the interview), so you could delay 6 months as you say.

- Do a "follow to join" K2 visa, ie only initiate the embassy part of the K2 later. That gives you a year.

- Don't do a K2 at all, have the USC step parent file a I-130 anytime the child is ready to move, could be years later. All this only works as long as the child is a minor.

[Pitaya 2,577]

Welcome to the forum.

Agree with Penguin.

Here is some additional information from the DOS Nonimmigrant Visa for a Fiance(e) (K-1) FAQs: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

Good luck on your immigration journey.

[manli 0]

Thanks, but let me see if I got this,

My fiancée would be approved and a visa granted on that day. So she has initiated her son's visa via this process. So now the boy has up to 6 months to enter the USA. if to go beyond this initiate a follow behind for a year, or just file for family member to arrive later. Funny I didn't see the part about delaying the k-2 for a total of one year. I will look at the link sent perhaps others have some more info. I do understand if a 130 is filed, it could take years. the idea was to get set up and then the boy follow later, but it could be more than 6 months due to the school year.

yep one year thanks

Edited September 9, 2014 by manli

[RandyW 149]

Thanks, but let me see if I got this,

My fiancée would be approved and a visa granted on that day. So she has initiated her son's visa via this process. So now the boy has up to 6 months to enter the USA. if to go beyond this initiate a follow behind for a year, or just file for family member to arrive later. Funny I didn't see the part about delaying the k-2 for a total of one year. I will look at the link sent perhaps others have some more info. I do understand if a 130 is filed, it could take years. the idea was to get set up and then the boy follow later, but it could be more than 6 months due to the school year.

yep one year thanks

The boy (or you on his behalf) must submit a separate visa application (DS-260). This may be done at any time up to one year after his mother's visa interview. This application does not require a separate petition. I think, but am not sure, that a separate DS-260 is required - in any event, the process for your step-son may be initiated with the consulate at any time up to one year later (follow to join).

He will then schedule his own visa interview at a time convenient for his process. He will have up to six months after his interview to enter the U.S.

Also, I-130 for an Immediate Relative (i.e., your step-son, assuming he was under 18 when you married) usually requires less than a year.

Edited September 10, 2014 by RandyW

[Hank_ 9,174]

Not trying to bounce off another thread, but the info seemed across the board. My question relates to the I129F and the k-1 k-2 visa process. As I understand it, the child of a k-1 visa holder can delay entry up to 6 months. Are there any extensions applicable after the 6 months? Does another entirely different process need to be imitated in order for the child to follow later than the initial 6 month time allotment?

Thanks

You do the I-129F petition for both, but then don't do the K2 when the K1 does her visa application. You can do the K2 to follow, this allows you a year to file for visa for the K2, the K2 must be issued their visa within a year of the K1 visa being issued. Then once the visa is issued there is the potential 6 months to enter.

Edited September 10, 2014 by Hank_

[Zedayn 485]

Thanks, but let me see if I got this,

My fiancée would be approved and a visa granted on that day. So she has initiated her son's visa via this process. So now the boy has up to 6 months to enter the USA. if to go beyond this initiate a follow behind for a year, or just file for family member to arrive later. Funny I didn't see the part about delaying the k-2 for a total of one year. I will look at the link sent perhaps others have some more info. I do understand if a 130 is filed, it could take years. the idea was to get set up and then the boy follow later, but it could be more than 6 months due to the school year.

yep one year thanks

From the link provided earlier:

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.

[Darnell 8,478]

my 2 Jiao -

look at the visa issuance date on the K-1. that date 'gives' the child up to 1 year to interview for a K-2, going forward.

What to do, you ask ? Go pay the visa application fee at CITIC bank, then register over at ustraveldocs.com/cn then (your choice) either make a new account there for the K-2 or tag along on the old K-1 account there,

showing the receipt of visa payment,

then self-schedule.

Once scheduling occurs, you have an interview letter that can be used at the medical exam place. Don't forget to get some white books done. Also, to the best of my knowledge, there'd be a DS-160 on the K-2, not a DS-260.