Child traveling after Mother, and after his visa has expired.

[GYnot 8]

My wife came to the US on her k1 in December and we married before the end of the year. Her 90 days ran out in march, but we have a AS/AP/EA application in place, (thought I have no idea what status they are in).

She would like to bring her son to the US for two weeks, His school will be over soon and she wants him to visit. However, his K1 has expired. He was listed on all her applications.

We tried to get her a NYState non drivers ID card, but because we waited till after the 90 days associated with the visa expired, they are not willing to do that till she has some kind of document that assures them she has the right status. This has her worried that her son won't be allowed to enter the country when we set up his flight.

Anyone have any experience with this kind of situation?

Tony

[NigeriaorBust 4,087]

What type of visa will he be travellling with ??

[aaron2020 11,651]

Your wife's situation is irrelevant. As long as the child has an unexpired and valid visa, he will be able to enter the US.

[newacct 688]

The child would be on a K-2, not K-1. The child can get a K-2 visa and come to the US within 1 year of the issuance of the K-1 visa of the mother. Did the child get issued a K-2 visa and didn't use it before it expired? Or are you talking about the mother's K-1 visa being expired. Either way, it doesn't matter because the child qualifies to get a K-2 visa now since it's been less than one year since the mother's K-1 visa was issued.

[milimelo 4,481]

Why would the child come for two weeks only? K2 is for immigration, not just visiting.

[GYnot 8]

The child and mother both got a k1 visas last November. In December she entered the country, and we got married. The child did not enter the country at that time and has not entered since then. The intent was to let him finish his school year where he is. The child's k1 visa expired as of May 3d, 2016. We filed adjustment of status and for employment and travel but none of those has completed processing.

The child has been listed on every document, including the adjustment of status that was filed.

She would like him to come for two weeks to asses his reaction to changing everything in his life. The idea is to get him here eventually, but when exactly that will happen is not clear. The intent is to get him a permanent visa and then have him spend part of the year in the US and part of the year with his Grandmother and Aunts in Colombia.

I guess the question is, do I now need to file for a K2 visa for him, given that his k1 visa expired. Or is he in someway "covered" by his mother's entrance and marriage.

Tony

Edited May 25, 2016 by GYnot

[NikLR 13,227]

Child gets a k2 when a mother gets a k1. Has it been a year since her k1 visa interview?

[KayDeeCee 4,893]

The child and mother both got a k1 visas last November. In December she entered the country, and we got married. The child did not enter the country at that time and has not entered since then. The intent was to let him finish his school year where he is. The child's k1 visa expired as of May 3d, 2016. We filed adjustment of status and for employment and travel but none of those has completed processing.

The child has been listed on every document, including the adjustment of status that was filed.

She would like him to come for two weeks to asses his reaction to changing everything in his life. The idea is to get him here eventually, but when exactly that will happen is not clear. The intent is to get him a permanent visa and then have him spend part of the year in the US and part of the year with his Grandmother and Aunts in Colombia.

I guess the question is, do I now need to file for a K2 visa for him, given that his k1 visa expired. Or is he in someway "covered" by his mother's entrance and marriage.

Tony

Only the foreign fiance(e) receives a K-1 fiance(e) visa. The child would receive a K-2 visa, which is a derivative visa of the K-1. Contact the consulate to see if another K-2 visa can be issued, since the K-1 was issued less than a year ago, but the K-2 is not for visiting. It is used to enter the US and then stay and file for AOS, like the K-1 parent did.

If the K-2 cannot be issued, then you can file an I-130 petition to start the process for an immigrant visa as the USC stepparent. Again, that is for the child to enter and reside in the US.

For a visit only, you could try and apply for a tourist visa, but that may not happen because they may see the child as having immigrant intent since the mother just gained her permanent residency.

~Moved from Working & Traveling to What Visa Do I Need ~