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GREG&PHAN

running out of time for K2

By GREG&PHAN in Bringing Family Members of Permanent Residents to America

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GREG&PHAN Contributor

GREG&PHAN   4

Posted
Filed: K-1 Visa Country: Thailand
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Posted

Dear VJers,

Need advice. My wife arrived here on a K1 visa and next month will have her AOS interview and GC if all goes well (it should). We want to bring her son here, he is 14 yo. We started the process and have ran into a speedbump.

The Thai government will not issue a passport to a child without a parent present, even with power of attorney etc. family members cannot assist. This is because of child trafficking fears. I understand. The boys father signed over parental rights long ago so he cannot help. There is a process to work through the embassy here to get notarized forms to the embassy and they certify documents to send to Thailand but it is not quick.

We are now worried that we will miss the one year anniversary of the issue of her visa. If this happens he will not be eligible for K2 benefits.

Our questions are:

1. Can the consulate grant an extension of the one year travel requirement? I doubt it but thought I would ask.

2. If we do not complete in time is the money paid returned or forfeited?

3. If we just wait and file a DS130 again through USCIS what kind of wait are we looking at?

any advice is appreciated.

CR-2 bringing stepson

8/31 I-130 approved NOA2

9/23 Rec'd by NVC

10/1 Case # and IIN from NVC by phone

10/1 DS-261 complete

10/2 AOS bill paid (status in progress)

10/6 AOS shows paid

10/7 AOS & IV packet mailed

10/8 NVC welcome letter

10/9 Packets received at NVC (tracking)

10/9 Reviewed DS-261 on phone

10/13 Rec'vd IV bill email

10/13 Paid IV bill (status in progress)

10/14 Rec'd email scan date 10/9

10/19 IV Fee shows paid

10/19 DS-260 completed

11/12 Case Complete

11/18 Rec'd CC email

12/2 Interview scheduled January 4

 
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