K2 Question

[shanemesser 0]

1. I petitioned a K1 visa for my wife last year. The petition was approved last year as well. My situation is pretty vanilla: met a woman who had a son and the idea was to move them both to the US. The son is under 18.

2. The son that was on the petition and he was granted a case number.

3. The son, due to issues with the father, did not have a passport so we started a legal process to get a ruling from a judge that the son could get a passport.

4. In Oct 2016, we went to the embassy and ONLY MY WIFE paid the $350 for the k1 visa so that she could come to the US and marry in the 90 day period. The plan was to have the son stay with the grandmother until the son was granted a passport.

5. My wife and I were married in December and she got her green card very quickly (in march) after doing the 485 process the day after we were married.

6. The son who is still back in his home country now has his passport.

My questions are:

1. Because we did not get the K2 visa stamp in his passport when my wife got her K1 (because the son did not have a passport), is it too late to have him get this k2 visa so that he can come immediately and then we can start the residency process? I ask this because from reading, it's my understanding that the original petition was just that: a petition. And in order to technically be a k2 holder, we would have had to have a passport and get the k2 stamp. OR, am I wrong, and by virtue of my wife being issued the K1 visa, did the K2 automatically get granted to the son and he can just simply go to the embassy and get that stamp.

2. The fact that we were married prior to him getting the K2 (or the k2 stamp in his passport) -- does this affect things?

3. To be clear, we ONLY applied for and paid for my wife (which I think the son needed to do separately but would have been approved because it was based on the same petition and approval number)... This we could not do because at the time he did not have a passport.

I realize we could just start the 485 process for the kid's residency, but he cannot travel here during that process, so we were hoping that he could just come here on the K2. But since he was never issued the k2 stamp, I'm not even clear if he could get the stamp at this point since my wife ** is not longer a k2 holder **.

[newacct 688]

You mean Oct 2015, right? (It's not Oct 2016 yet.) The son has until Oct 2016 (one year since the issuance of the parent's K1) to get a K2 visa and come to the US. It doesn't matter that you've already married.

[Penguin_ie 5,993]

Previous answer is correct, you have a year from issuance of the K1 to go forward with the K2. Contact the embassy to start the process.

[Hank_ 9,174]

- K2 must be ISSUED within a year of the K1 being issued. Make sure to start the process early enough to complete this requirement.

[NikLR 13,227]

Just a side note, the visa fee was $265.