Questions regarding Medical, K2 visa, and an older child not moving

[manitobagirl 0]

I'm still trying to get the hang of this forum! Please bear with me.

I think I understand that as a Manitoban for the K1 Visa I will be sent to Vancouver. I also understand that the only medical clinic we can use is in BC as well.

So...this means I will have to fly myself and my children to BC for the medical and so I can attend the interview. My fiance is going to try and get the time off work to meet us in BC that way she can help look after the kids while I am in the interview. The kids will be 9 and 12 at the time of the interview and I understand that they do not need to attend. So would I be correct that I will be able to leave the kids with my fiance at the hotel while I go to the interview? Or do I/should I bring them to the interview?

My other question if you happen to know is I will have a son who is over 18 when we file for the K1 Visa. He has NO interest in going to the US. He is applying to join the Canadian Military. Do I still have to include him on the paperwork regardless? He will not go for the medical or anything and I can't force him. We've talked about it in length. I've said "just in case" "what if". But no. Anyone know how that works definitely?

Thank you SOOOOO much for your help!

This is all new to me. We've only just started looking into the process. It's scary and exciting.

[Pitaya 2,577]

Welcome to the forum.

Be sure that ALL of the children of the alien fiance(e) are listed on the Form I-129F petition. This is specifically mentioned in Part 2 (continued), page 3, of the Form I-129F: http://www.uscis.gov/sites/default/files/files/form/i-129f.pdf

Good luck on your immigration journey.

[manitobagirl 0]

Welcome to the forum.

Be sure that ALL of the children of the alien fiance(e) are listed on the Form I-129F petition. This is specifically mentioned in Part 2 (continued), page 3, of the Form I-129F: http://www.uscis.gov/sites/default/files/files/form/i-129f.pdf

Good luck on your immigration journey.

Ok so he has to be listed on the I-29F application but how does that affect the rest of it? I don't want to have to pay fees for him when he will not be going with us to the US.

edited to add: Thank you

Edited February 19, 2015 by manitobagirl

[Pitaya 2,577]

The Fiance(e) visa program is a two-phase process, the visa petition phase and the visa application phase.The visa petition fee paid at the start is the process is to start the process and it is at this time that the USC petitioner is vetted. The visa application fee payment for the K2 does not occur at the visa petition phase of the process. That occurs later at the visa application portion that occurs at the embassy/consulate interview portion of the process. If the child is not going, a visa application is not submitted, and hence no fees are paid.

Be sure to check in at the Canada Regional forum to get consulate-specific information about the visa interview at the Vancouver consulate: http://www.visajourney.com/forums/forum/93-canada/ . Another source of information is the Canada Embassy Info page for the Vancouver consulate: http://www.visajourney.com/consulates/index.php?ctry=Canada&cty=Vancouver

HTH,

Good luck on your immigration journey.

[manitobagirl 0]

The Fiance(e) visa program is a two-phase process, the visa petition phase and the visa application phase.The visa petition fee paid at the start is the process is to start the process and it is at this time that the USC petitioner is vetted. The visa application fee payment for the K2 does not occur at the visa petition phase of the process. That occurs later at the visa application portion that occurs at the embassy/consulate interview portion of the process. If the child is not going, a visa application is not submitted, and hence no fees are paid.

Be sure to check in at the Canada Regional forum to get consulate-specific information about the visa interview at the Vancouver consulate: http://www.visajourney.com/forums/forum/93-canada/ . Another source of information is the Canada Embassy Info page for the Vancouver consulate: http://www.visajourney.com/consulates/index.php?ctry=Canada&cty=Vancouver

HTH,

Good luck on your immigration journey.

Perfect. Thank you very much for your great explanations!

I will check those links and save them to my browser. This is definitely going to be an adventure. So glad I found this website!

[baron555 934]

Or do I/should I bring them to the interview?

Will they be obtaining a K-2 visa and will To Join with the K-1 holder in immigrating to the US? If yes, then they need their own medicals and must attend the K-1 interview (and pay the visa fee for each). If they are to receive a K-2 but Will Follow (later but within one year of the K-1 expiration) then they don't need to come. If they are to receive no visa, then they don't need to come.

My other question if you happen to know is I will have a son who is over 18 when we file for the K1 Visa. He has NO interest in going to the US. He is applying to join the Canadian Military. Do I still have to include him on the paperwork regardless?

Include ALL children on the 129f form, regardless of immigration intent. You later list which of those will receive a K-2 when you fill out the online D-160 form.

He will not go for the medical or anything and I can't force him. We've talked about it in length. I've said "just in case" "what if". But no. Anyone know how that works definitely?

Since he's 18 or older, he wouldn't qualify for a K-2 anyway. You'd have to petition for him after you immigrate and marry.....many more details about that process.

[Pitaya 2,577]

Or do I/should I bring them to the interview?

Will they be obtaining a K-2 visa and will To Join with the K-1 holder in immigrating to the US? If yes, then they need their own medicals and must attend the K-1 interview (and pay the visa fee for each). If they are to receive a K-2 but Will Follow (later but within one year of the K-1 expiration) then they don't need to come. If they are to receive no visa, then they don't need to come.

My other question if you happen to know is I will have a son who is over 18 when we file for the K1 Visa. He has NO interest in going to the US. He is applying to join the Canadian Military. Do I still have to include him on the paperwork regardless?

Include ALL children on the 129f form, regardless of immigration intent. You later list which of those will receive a K-2 when you fill out the online D-160 form.

He will not go for the medical or anything and I can't force him. We've talked about it in length. I've said "just in case" "what if". But no. Anyone know how that works definitely?

Since he's 18 or older, he wouldn't qualify for a K-2 anyway. You'd have to petition for him after you immigrate and marry.....many more details about that process.

baron555,

Unless the rules have changed since 2012, a clarification may be in order. My stepson (K2) was a month shy of his 19th birthday when he applied for and received his K2 visa in June 2012.

http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

The interim BIA decision described in the Matter of LE, may have some impact on this K2 status: http://www.justice.gov/eoir/vll/intdec/vol25/3719.pdf

Good luck on your immigration journey.

YMMV

Edited February 20, 2015 by A&B

[manitobagirl 0]

baron555,

Unless the rules have changed since 2012, a clarification may be in order. My stepson (K2) was a month shy of his 19th birthday when he applied for and received his K2 visa in June 2012.

http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

The interim BIA decision described in the Matter of LE, may have some impact on this K2 status: http://www.justice.gov/eoir/vll/intdec/vol25/3719.pdf

Good luck on your immigration journey.

YMMV

Yeah I wondered about that part. It irrelevant but everything I've read has said they can come on K2 visa as long as they haven't yet turned 21 years old.

[Pitaya 2,577]

You are likely correct, as it pertains to your non-immigrating teenager. I felt it important to clarify an important issue as it pertains to K2 visas, and for future readers of this thread.

As an aside, to complete our story: My now 21-year old stepson obtained his 2-year conditional legal residency (AOS) in November 2012. We are currently awaiting the adjudication of my wife and stepson's ROC petition, filed in August 2014. My stepson is now a junior transfer student at the Univ. of Washington, majoring in computer science engineering.

Good luck on your immigration journey.

Edited February 20, 2015 by A&B

[Pitaya 2,577]

Perfect. Thank you very much for your great explanations!

I will check those links and save them to my browser. This is definitely going to be an adventure. So glad I found this website!

You are most welcome. This DIY site works due to the help that we received on our immigration journey from VJ folks here that had done it before. Now it is our turn to help others on their immigration journey.

Cheers!

Edited February 20, 2015 by A&B

[KayDeeCee 4,893]

Yeah I wondered about that part. It irrelevant but everything I've read has said they can come on K2 visa as long as they haven't yet turned 21 years old.

The person above was incorrect and you are correct. A child can receive a derivative K-2 and enter the US using it as long as they are under 21. If they enter the US with a K-2 visa before turning 21 and the K-1 parent marries the USC petitioner within 90 days, then they are eligible to file for AOS, even if they turn 21 before filing.

[baron555 934]

Yeah I wondered about that part. It irrelevant but everything I've read has said they can come on K2 visa as long as they haven't yet turned 21 years old.

I may have had the age incorrect.....but to use a k-2 for a child, their entry to the US must be within the one year expiration of the parent's K-1 date.