need to bring fiance child here confused in what to do

[b2vwild 0]

I bring my fiance here on a K1 visa , we already got married and im preparing her AOS paperwork, now we have the need to bring her minor child to the USA , I listed the childs name in the 129F but at the time we listed that she wont be traveling right away , Can i file her AOS and claim the child at the same time? if so what what forms shuld i use? thanks for your advice.

[Georgia16 2,858]

The child needs a K-2 visa you can't just AOS the child...

[teeak 224]

The child needs to be in the US before you AOS them.

[b2vwild 0]

ok , so , can i send the K2 for the child at the same time i do her AOS ? i understand i can not do the AOS dor the children since is not here. so i wil be sending 2 diferents forms.

[newacct 688]

ok , so , can i send the K2 for the child at the same time i do her AOS ? i understand i can not do the AOS dor the children since is not here. so i wil be sending 2 diferents forms.

When the child applies for a K-2 visa and when your spouse does AOS are unrelated things. The child can be issued a K-2 visa up to 1 year after the K-1 visa was issued for their K-1 parent. After the child enters the US on K-2 they will also need to do AOS; this might be done together with the K-1 parent's AOS if the K-1 parent hasn't done it yet at that point, or it can be done separately.

Edited February 1, 2016 by newacct

[b2vwild 0]

thanks for your answer newacct, I will do both together , but I think I need to send them separate? right? now the forms for the k2 is the same as the K1? so I need to paid 2 fee's ? thanks for your help.

[Darnell 8,478]

usually one chases a DS-160 , a visa application, at the IV Unit, for a K-2 Follow to Join Case. IE - you won't be sending anything IN to USCIS, instead you are dealing with the Department of State, Consular Services, Immigrant Visa Unit in the country where the child resides.

So, which country does the child reside in ?

---

ah - i see the answer is Chile -

so

email the IV Unit at

santiagoimmigration@state.gov

then in the body of the email, mention the biodata on your lass, the consular casefile number, and tell them you are seeking to set up a K-2 Follow To Join case on the child.

Santiago's website is really lacking in info about their doc intake process for a K-2, but it's the same thing for a K-1 - ie - pay a visa fee, fill out the DS-160, get an appointment, get a medical exam done, and go to the interview appointment.

Edited February 2, 2016 by Darnell

[b2vwild 0]

no , he is not in CHILE , he is in the Dominican Republic, thats why im cofused the steps to follow and since we just got married and i start to do her AOS i was wondering how to do it thanks

[Darnell 8,478]

oh. sorry, was going by yer timeline - and i made the wrong assumption.

it's the same process, though, for a K-2 follow to join case,

you contact the IV UNIT, tell them you are ready to pursue the K-2 visa application.