K2 Visa not really valid for 1 year

[Kyle and Linh 64]

Once again another surprise

My fiancée received her K1 visa yesterday and in a separate package her son received a K2 visa. We had planned for him to follow-to-join within the 1 year after the issuance of the K1 to my fiancée so that he may complete his study in the sixth grade and start his school year at the beginning where he could enroll in some ESL classes offered by the school district during the summer. We were relying on the following that is from the DOS website on K2 visas: (red is my emphasis)

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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

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We were amazed to find that his visa was valid for the same time frame as his mother (6 months). When I inquired last night this is what I was told. (Be amazed at the contradictions)

_________________________________________________________________________

Thank you for your inquiry.

Generally, a visa’s validity period is the same as the validity of the beneficiary’s medical examination results.

According to immigration regulations, applicants may renew an unused visa only if they are unable to use the visa during the period of its validity due to reasons beyond the applicant’s control. If the beneficiary is unable to travel to the United States before his visa's expiration date, he can apply to renew it with our office. The beneficiary may come to the Immigrant Visa Unit from 1:00 p.m. – 2:00 p.m., on Monday, Tuesday, Thursday or Friday (except holidays) with this email and the following documents:

· The beneficiary’s expired visa and brown visa packet;

· A statement explaining why he was unable to travel within the visa validity period;

· The beneficiary will be asked to pay a new visa application processing fee and renew any documents that have expired.

Please note that the beneficiary may travel with the K-1 parent or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to the K-1 parent.

If you have further questions, please do not reply to this email. Instead, please submit your inquiry to: http://hochiminh.usconsulate.gov/contact/nivinquiries.html. Unfortunately, we are unable to respond to inquiries sent directly to this email address.

Sincerely,

Information and Public Outreach Team - 8

Consular Section

U.S. Consulate General in HCMC

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So the real meaning is K2 visas are only valid as long as the medical is valid. Sure you can renew, as long as you go though the DS-160 process and medical exam......again............

Amazing!!! or am I missing something?

LIVE AND LEARN... Guess we will take what we have and count our lucky stars. It would have been better on my future son to not disrupt his life completely and let him finish the school year before arriving in the USA

Edited October 22, 2015 by Kyle and Linh

[belinda63 3,046]

I believe you should have waited on the visa process for the child until he was ready to come to the US. In other words process mom's case and leave his until later.

[teeak 224]

Yes, I think follow-to-join K2 applicants usually have a later interview after the K1 applicant has received their visa or immigrated to the US. The K2 applicants are allowed up to 1 year to get a visa after the K1 applicant has received their visa.

Edited October 22, 2015 by teeak

[aaron2020 11,651]

Hì,

You are missing the distinction between when a visa can be issued and how long it's valid for.

When can the K-2 visa can be issued? Up to one year from the K-1 was issued.

How long is the K-2 visa valid for? Six months or when the medical expires whichever occurs first.

[heo luoi 206]

I dunno; he's picking up and leaving for 1/2 across the planet. Not sure what else is in 6th grade curriculum in VN but I dont think finishing school year or not would make any difference in preparing for the change to come.