Can Phil Citizen process K-1 in Hong Kong & K-2 in Manila later?

[Marrich 4]

My fiance works in Hong Kong and wants to process K-1 through the US embassy there so she can keep working until approval. She has 2 kids in Philippines that we want to bring to US later on after she arrives here and gets settled in. Can they process K-2 through the US embassy in Manila escorted by their grand mother? Will my fiance have to return to Manila to accompany her kids through the process there?

[Penguin_ie 5,993]

Yes your fiance can interview in her country of residence and the kids at home, accompanied by a suitable guardian like the grandma. They would need to have their K2s issued within a year of the K1 to be elligible for "follow to join". Your then-wife won;t need to return to the Philippines for their interview, but depending on their ages, she may need to return to accompany them to the USA, as younger kids cannot travel alone.

[Greenbaum 12,259]

The mother does not have to accompany the children for their interview, but can use the assistance of the grandmother (Lola) for their interview. It will be much easier if she were to return to the Philippines to escort the child (again age is a strong factor) to the US. The biggest hurdle will be the "father" issue of allowing them to leave. Of course, by Phil law the mother has custody so it should not be a problem BUT there have been some cases that immigration puts up a "fuss" but with proper knowledge of the laws you can easily talk through the issue. Shouldn't have to, but this is the Philippines and thing are different depending on who you are talking with.

What are the ages of the children?

[Marrich 4]

Thanks for the reassuring information. The kids are 2 boys ages 15 and 10 now and could be 17 and 12 by the time they process. I wonder what the traveling rules are for their ages and if the older one would be considered an escort for his younger brother? The father is not listed on their birth certificates and has no contact with them.

[Greenbaum 12,259]

With a older child who could be responsible for his brother they could escort themselves by way of the airline rules from the airlines that you select for their flight. Check with the airline of choice. Here are some recent links on this topic. May not be exactly like your case but nevertheless it's a good primer for additional research.

http://www.visajourney.com/forums/topic/551636-k2traveling-alone-or-with-a-companion-other-than-her-parent/?p=7659832

This journey for the two sons is going to be intense. Because you are not there, there will be additional steps with additional documents. Best to do a lot of research here on VJ for others who have gone before you. My two K-2's came the same time my wife did so we had no problems.

[Penguin_ie 5,993]

**** Moving to Philippines Regional forum as questions becoming country specific *****

Op, is the timeline in your signature correct? That seems a very long processing time.

Keep in mind that the K2 MUST be issued within a year of the K1. If that does not happen, then you as the stepdad can petition for Immigrant visas for them, assuming you got married to their mom before they turn 18, and that will take about a year.

[Greenbaum 12,259]

@Penguin_ie brings up a good point which had glazed over. Once mom is approved the sons should follow within a year or your facing a different set of rules and time table.

The suggestion I have is you file for all three to interview in the Philippines and they all travel together. Like I said earlier my K2's came with their mom and the settled right in with school and friends. The now only want to visit the PI but not live there again.

Good luck in your decision.