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Can you help me confirm if this plan will work (regarding K2s)?

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Filed: Citizen (apr) Country: Portugal
Timeline

Hello all,

I could use with your input on a plan we're making with my daughters from my first marriage.

I already have my Greencard, but because of custody paperwork that's taking forever, we were not able to get their K2 visas when I got my K1. They were placed on Follow To Join status at the embassy, which is valid for a few months yet (AOS was quick, for me). I am now in my home country while we wait for the custody stuff to get settled, but things are finally moving and we should get an answer within the next couple of weeks. I am also 30 weeks pregnant, and cannot stay here much longer.

Now, we can't get their K2 visas before the final custody paperwork comes through, and knowing the embassy process lasts anywhere between 6 to 12 weeks, this means I won't be able to stay here and get that handled. So, what we thought of doing was move to the US as soon as the custody paperwork comes in, me on my greencard, them on ESTAs, and stay there for the 90 days allowed on the ESTA. By then, there would be an interview date and the baby would be here (and have a few weeks on him, too), so that we could then return for the interview, and then, once the visas were in, return to the US.

We have considered the possibility of them staying here and getting their visas handled while I return to the US my myself, but that is not all that doable, logistically, and because both me and them want to be together when the baby is born. The plan I proposed is our best option at this point, but I want to confirm it makes sense, immigration-wise.

Thoughts, ideas, suggestions are always appreciated. Thanks. :)

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

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Filed: K-1 Visa Country: United Kingdom
Timeline

Hello all,

I could use with your input on a plan we're making with my daughters from my first marriage.

I already have my Greencard, but because of custody paperwork that's taking forever, we were not able to get their K2 visas when I got my K1. They were placed on Follow To Join status at the embassy, which is valid for a few months yet (AOS was quick, for me). I am now in my home country while we wait for the custody stuff to get settled, but things are finally moving and we should get an answer within the next couple of weeks. I am also 30 weeks pregnant, and cannot stay here much longer.

Now, we can't get their K2 visas before the final custody paperwork comes through, and knowing the embassy process lasts anywhere between 6 to 12 weeks, this means I won't be able to stay here and get that handled. So, what we thought of doing was move to the US as soon as the custody paperwork comes in, me on my greencard, them on ESTAs, and stay there for the 90 days allowed on the ESTA. By then, there would be an interview date and the baby would be here (and have a few weeks on him, too), so that we could then return for the interview, and then, once the visas were in, return to the US.

We have considered the possibility of them staying here and getting their visas handled while I return to the US my myself, but that is not all that doable, logistically, and because both me and them want to be together when the baby is born. The plan I proposed is our best option at this point, but I want to confirm it makes sense, immigration-wise.

Thoughts, ideas, suggestions are always appreciated. Thanks. :)

I would be very surprised if they were allowed out of the country while there's an ongoing custody case. You may also need a court order after the case has been settled allowing it.

Edited by Avery Cates

November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

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Filed: Citizen (apr) Country: Canada
Timeline

She meant after the custody was settle but before their interview/visas where done.

It maybe hard to get through the border with them but might be worth a shot. Make sure you get all records that they are just waiting on their interviews. It should be like any of us who traveled while the process was on going.

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: Citizen (apr) Country: Portugal
Timeline

Are you sure you are allowed to take them out of the country while there is a custody case going on?

I would be very surprised if they were allowed out of the country while there's an ongoing custody case. You may also need a court order after the case has been settled allowing it.

As Ontarkie said, I meant after the custody was settled. We are now waiting for the final OK from the court. Not only would I not be able to take them with me otherwise, the embassy won't issue the visas without that being taken care of.

It maybe hard to get through the border with them but might be worth a shot. Make sure you get all records that they are just waiting on their interviews. It should be like any of us who traveled while the process was on going.

The only record I can think of that could help would be an interview letter from the embassy. Any other ideas on what could be helpful? Maybe getting the DS-160 done?

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

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Filed: AOS (apr) Country: Kenya
Timeline

Email the Embassy and inquire whether you can get their interview moved up, once the custody finishes, or have the validity period for the K-2 to be extended beyond the one year of your K-1.

The Embassy folks are very helpful and are really there to help you. They should be included in your planning.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: Citizen (apr) Country: Ireland
Timeline

Email the Embassy and inquire whether you can get their interview moved up, once the custody finishes, or have the validity period for the K-2 to be extended beyond the one year of your K-1.

The Embassy folks are very helpful and are really there to help you. They should be included in your planning.

Depending on how long you are comfortable staying abroad, this may be worth a short- contact the embassy and ask if you could have an interview appointment asap- if you are just waiting for the final paperwork on custody, perhaps even make the appointment now, get the medical done, and you may be able to get the K2s issued and you all leave together.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: Citizen (apr) Country: Portugal
Timeline

I have contacted the embassy, a while back. They asked me for a copy of the custody paperwork before doing anything else, so at this time I can't really do much without having the actual paperwork come through. Even though we've been told it's coming in soon, I've been burned before. I have everything lined up to contact them immediately upon hearing news from my lawyer, but I am waiting for that phone call.

There's also the issue that the clinic that does the medical won't book appointments without an interview date. They used to - not anymore. AND, once the interview happens, the embassy takes 2 weeks just to process the visas and send them by courier. I'm not saying your suggestion won't work - I am saying there are a good number of things that would need to be moved around just for us, and I have very little time. :(

Would something like a tourist visa work in our case, just to give us a little more time to get the K2s in, without being dependent on the 90-day limit of the ESTA?

Btw, thank you so much for all your replies.

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

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  • 3 months later...
Filed: Citizen (apr) Country: Portugal
Timeline

Just to update this:

My daughters were able to get in with their ESTAs. They have been here with me and my husband (and our baby) for about a month now, and will return for their interview (well within the 90-day ESTA limit) which was scheduled once I finally received word from the court regarding custody. Passing CBP was not exactly easy - they stayed in secondary for about 2 hours - but were finally allowed through. Now it's just a matter of getting their K2s issued and have them be home for good. :)

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

JOrOp1.png

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Filed: Citizen (apr) Country: Denmark
Timeline

Just to update this:

My daughters were able to get in with their ESTAs. They have been here with me and my husband (and our baby) for about a month now, and will return for their interview (well within the 90-day ESTA limit) which was scheduled once I finally received word from the court regarding custody. Passing CBP was not exactly easy - they stayed in secondary for about 2 hours - but were finally allowed through. Now it's just a matter of getting their K2s issued and have them be home for good. :)

Congrats on it so far!! Hope everything goes well with the interview :)

 

 

 

 

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  • 1 month later...
Filed: Citizen (apr) Country: Portugal
Timeline

Congrats on it so far!! Hope everything goes well with the interview :)

It did! CEAC website now shows their K2s have been issued. I am beyond relieved. :)

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

JOrOp1.png

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  • 2 months later...
 
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