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Ligaya10

K2 Visa Approved but wont be used so...

By Ligaya10 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Ligaya10 Contributor

Ligaya10   2

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Hi Everyone,

This website had been so helpful to me so I'm here again seeking help from everyone.

My K1 Visa was approved October 7, 2014 and I got married March 2015. My son's K2 visa was approved up until November 7, 2015. Now this is the situation, due to multiple reasons (his school, separation anxiety from my relatives in the Philippines, etc), I decided to not use the K2 Visa for my son and I will just get another visa for him next year so he will be with us approximately April 2016.

My question is... what kind of Visa should I get because K2 will be invalid by January 2016?

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teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

How old is your son? Did you marry your USC spouse before he turned 18?

If so, then your spouse can file for him under the IR2 category. There is no wait time for children of USC so he won't have to wait for a visa number.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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Ligaya10 Contributor

Ligaya10   2

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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  • Author
Posted (edited)

Hi Teeak,


Thanks for your response.


He is 9 years old and is not a child of my husband. Is it still IR2? He is currently in the Philippines.

Edited by Ligaya10
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teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

Yes, because since you both got married before he turned 18, your husband can petition for him as a step-child.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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Ligaya10 Contributor

Ligaya10   2

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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  • Author
Posted

Yes, because since you both got married before he turned 18, your husband can petition for him as a step-child.

Thanks Teeak. Just a question though, what's more convenient to file, IR1 or IR2? What visa will be approved faster?

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Shauneg Experienced

Shauneg   762

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted (edited)

Thanks Teeak. Just a question though, what's more convenient to file, IR1 or IR2? What visa will be approved faster?

IR 1 is for a spouse. IR 2 will take between 6 to 10 months .....typically. I think you need to do some research, can learn a lot that way.

Edited by Shauneg
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Ligaya10 Contributor

Ligaya10   2

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
  • Author
Posted

IR 1 is for a spouse. IR 2 will take between 6 to 10 months .....typically. I think you need to do some research, can learn a lot that way.

Well this is a part of my research. Thanks anyways.

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