Two topics with K1 Visa one about a child.

[GYnot 8]

So we had our interview on the 6th of November. The k1 application is Since then I've been looking at the ceac web site. Earlier this week both showed Issued. Now today I check again and her son's status has changed to "Administrative Processing". I"m confused as to why his alone would be in that status. He's six years old, so it seems unlikely he could have anything that would require him to be more throughly investigated.

On the same note. We're thinking about having him come to the USA but sending him back to Colombia to finish out his school year.

I know it's a problem if she comes and returns. But how is his visa managed? He's not technically the financee. And his visa application is tied to hers, right?

Tony

[Pitaya 2,577]

The foreign fiancee is applying for a K1 visa, and her son is applying for a K2 visa, correct?

If so, then neither of them can travel internationally until, after the USC and alien fiancee marry, then both of them (K1 and K2) file for Adjustment of Status/Employment Authorization Document/Advance Parole (AOS/EAD/AP), and receive their EAD/AP combo card(s). The AP portion of the combo card is for international travel. Check out the K1/K3 AOS Guide for AOS/EAD/AP, http://www.visajourney.com/content/k1k3aos and these tip guides for details: http://www.visajourney.com/content/k1aos , http://www.visajourney.com/content/k1aos .

Now, a couple of caveats: I suggested that both the K1 and K2 apply for AOS/EAD/AP. There is no additional charge when you concurrently apply for AOS/EAD/AP at the same time, see this link: http://www.uscis.gov/i-485. AOS processing times are currently quite lengthy (> 6 months or longer in some cases). With these combo cards, the K1 and K2 can travel home to visit family, attend school, etc. Current combo card processing is running around 60-90 days. Additionally, the K2 can apply for their SSN (K2 needs either an EAD or GC, K1 is much simpler to obtain SSN). After submitting the AOS/EAD/AP application and receiving the numerous NOA1 receipt notices (you will receive 3 for each person), make an Infopass appointment and inquire about the necessary steps to allow the K2 to return to school in Colombia, and not jeopardize their immigration status. After the K2 receives their conditional GC, make an Infopass appointment and verify the requisite steps so as to not jeopardize their immigration status.

It can be done, there have been reports in the AOS forums. You really need to acquaint yourself with the AOS forum, in particular, the Calling at K2s pinned thread, and get up to speed quickly . There is a lot to learn, but it has been done before. We filed for AOS/EAD/AP about two weeks after our marriage, my family had their EAD/AP combo cards about 90-100 days later, check our timeline.

With regards to the first question, the status has been known to flip back and forth numerous times, it is just the nature of the process. Hang tough.

Good luck on your immigration journey.

Edited November 13, 2015 by Pitaya

[baron555 934]

The foreign fiancee is applying for a K1 visa, and her son is applying for a K2 visa, correct?

If so, then neither of them can travel internationally

Not exactly true, anyone can leave to US without any permission or whatever, what the EAD or GC allows is for that person to be able re-enter. Without either, you will be denied entry.

As stated, if the K-2 were to come to the US, then he'd have to wait until he obtains his EAD for him to leave to return to school in Columbia.

Maybe the better option would be for him to stay in Colombia, finish the school year, and then contact the Embassy and have him obtain his K-2 visa at that time. This would have to be done within one year of the K-1 visa issuance.

[GYnot 8]

I was aware that my Fiancee was not allowed to travel after arriving in the US untill the adjustment of status was complete. Unless she applied for Advanced Parole, then she could travel once that was issued. The current times for Adjustment of status are running about 120 days, and the Advanced Parole is about 70 days. I was also aware that the cost of applying for AP and EAD was included with the Adjustment of Status payment if all where applied for together.

The only thing that was unclear to me was if the status of the child was equivalent. If he were to leave and she stays, clearly she's not abandoning her application. So was not obvious what was going to happen, thought I did suspect he would not be able to travel until she was allowed as well.

The child's father is not listed on the birth certificate. My guess is that there's something there that they are working through or have questions about.

If they are both issued visa's must they travel together, or can he travel later, after she is admitted? Is the six month limit for travel into the US a restriction on his visa as well, even if she enters?

Tony

[Pitaya 2,577]

As stated, if the K-2 were to come to the US, then he'd have to wait until he obtains his EAD for him to leave to return to school in Columbia.

Maybe the better option would be for him to stay in Colombia, finish the school year, and then contact the Embassy and have him obtain his K-2 visa at that time. This would have to be done within one year of the K-1 visa issuance.

baron555 is technically correct, they K1 and K2 need their valid passport and AP card to leave and re-enter the US. Not so sure if the K2 needs a US EAD to return to school in Colombia?

[baron555 934]

baron555 is technically correct, they K1 and K2 need their valid passport and AP card to leave and re-enter the US. Not so sure if the K2 needs a US EAD to return to school in Colombia?

I meant one needs the AP or GC to be able to return to the US. My bad.

[Pitaya 2,577]

I was aware that my Fiancee was not allowed to travel after arriving in the US untill the adjustment of status was complete. Unless she applied for Advanced Parole, then she could travel once that was issued. The current times for Adjustment of status are running about 120 days, and the Advanced Parole is about 70 days. I was also aware that the cost of applying for AP and EAD was included with the Adjustment of Status payment if all where applied for together.

The only thing that was unclear to me was if the status of the child was equivalent. If he were to leave and she stays, clearly she's not abandoning her application. So was not obvious what was going to happen, thought I did suspect he would not be able to travel until she was allowed as well.

The child's father is not listed on the birth certificate. My guess is that there's something there that they are working through or have questions about.

If they are both issued visa's must they travel together, or can he travel later, after she is admitted? Is the six month limit for travel into the US a restriction on his visa as well, even if she enters? Check with the interviewing embassy about setting up an alternate travel arrangement. Check out this DOS link for more information: http://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html . The K2 follow-to-join travel seems to be pretty common in the Philippines, check out the regional forum.

Tony

That AOS processing time seems pretty optimistic.

Good luck on your immigration journey.

[aaron2020 11,651]

I was aware that my Fiancee was not allowed to travel after arriving in the US untill the adjustment of status was complete. Unless she applied for Advanced Parole, then she could travel once that was issued. The current times for Adjustment of status are running about 120 days, and the Advanced Parole is about 70 days. I was also aware that the cost of applying for AP and EAD was included with the Adjustment of Status payment if all where applied for together.

The only thing that was unclear to me was if the status of the child was equivalent. If he were to leave and she stays, clearly she's not abandoning her application. So was not obvious what was going to happen, thought I did suspect he would not be able to travel until she was allowed as well. K-2 needs his own AP to leave without abandoning his AOS. K-2 is not on the list that is exempt from needing AP. Look at the I-131 instructions.

The child's father is not listed on the birth certificate. My guess is that there's something there that they are working through or have questions about.

If they are both issued visa's must they travel together, or can he travel later, after she is admitted? He can travel later. Is the six month limit for travel into the US a restriction on his visa as well, even if she enters? He has to travel by the the expiration date on the K-2 visa and can only enter at the same time or after his mother enters the US. The expiration date on the K-1 is irrelevant to him.

Tony

The K-2 needs his own AP to leave the US without abandoning his AOS. 90 days without school.

Enroll the child in a US school. That's the law. You can not keep a child who is here seeking to adjust status out of school.

Edited November 13, 2015 by aaron2020

[Pitaya 2,577]

The K-2 needs his own AP to leave the US without abandoning his AOS. 90 days without school.

Enroll the child in a US school. That's the law. You can not keep a child who is here seeking to adjust status out of school.

aaron2020 has a good point. I forgot about the K2's age, and was thinking about my own then college-bound K2 stepson and our own family discussion on higher education prospects.

[aaron2020 11,651]

Hi Tony,

The plan to return the child to finish the school year is deeply flawed.

The child's K-2 visa will expire after 6 months of the medical exam. He must enter the US before the expiration. If he already has his medical and the K-2 has been applied for, then he will need to travel during the school year.

Once he is here during the school year, he would need AP to leave the US without abandoning his AOS. It will take 90 days.

Every state requires 6 years old living here to be enrolled in school. You and the mother would be violating education laws by keeping the boy out of school until he gets AP to return to Columbia to finish the school year.

By the time he gets AP in 90 days, how many more months are left in the school year in Columbia? He enters in January. He waits 90 days for AP. He gets AP in April. He goes back to Columbia for school in April, May, and a little bit of June. How much of an education is he going to get by staying out of school for 90 days and then returning to Columbia for 70-80 days of school? Wouldn't it be better to get him half a year of schooling in the US?

The only alternative is to let the child finish the school year and you time the K-2 so that it does not expire until after the school year is over. Then the K-2 can enter during the summer. The child would need a medical that will not expire until after the school year end since the K-2 expiration date is tied to the medical exam's expiration date. Then the child would need to AOS on his own (can not be done with mom since he will not enter within 90 days of her entry) and you get the pleasure of paying twice instead of once.

Best of luck.

Edited November 13, 2015 by aaron2020