K1 question regarding child in college

[SE18 2]

My fiancée just got approved on the I-797 Notice of action (we're doing a K-1 visa). So I have a few questions that would really be helpful. Her daughter, 20, is on the K-1 visa with her mom. The daughter is nearing her final year of medical tech school in Manila (they're both in Manila and I'm in the U.S.).

1. How long does the process normally take before they receive their visas to the U.S. after receiving the I-797 approval?

2. Should the daughter suspend her last semester in college or continue her studies? In other words, does she need to come to the U.S. with her mom when they receive their visas or is there a rule of some sort that requires her to not leave the U.S. for a certain period of time?

(Once they arrive in the U.S., and we marry, I guess that's the time to apply for green card, but I'm guessing the daughter has to remain in the US to get the green card?)

I hope my question is clear. If not, I can try to clarify.

Thank you so much!

[aleful 1,905]

HI

I'm not sure how long it will take, but she has to enter the country before she turns 21, so the question is when will she turn 21?

if she just turned 20, she still may have time to enter the country before she turns 21. once she enters, she can travel to visit when she gets the advance parole, when you file the adjustment of status packet, but she won't be able to stay and finish her studies over there, until she gets her GC

[SE18 2]

She turns 21 on Nov. 4, which is next week and we just received the 797 a week ago (so you see she almost didn't even make the deadline); you can imagine my and our relief!

[canadian_wife 1,829]

I'm sorry, I'm confused. Aleful said she must enter the US before she turns 21. She appears to be turning 21 in a few days. To me it is impossible for her to enter the U.S. before she turns 21 if you just received the approval notice.

I didn't do a K1 so someone can chime in if I am wrong.

Good luck

[SE18 2]

hmmm. I actually called immigration and they told me she was approved because I got the approval notice I just mentioned. I also told them when she turns 21 so I don't know if they steered me wrong? Maybe i should call them again when they're open on monday, but I thought it was OK'd

Edited October 29, 2016 by SE18

[SE18 2]

sorry Canadian Wife, I read your statement incorrectly. The visa will probably take at least a few months so she won't need to go to the US until that takes place. She is now in Manila with her mom and they are awaiting the first call, medical exam, interview, etc. They have no intention of coming to the US until they get their visas. Hope that clears things up a bit

[ToddB 10]

sorry Canadian Wife, I read your statement incorrectly. The visa will probably take at least a few months so she won't need to go to the US until that takes place. She is now in Manila with her mom and they are awaiting the first call, medical exam, interview, etc. They have no intention of coming to the US until they get their visas. Hope that clears things up a bit

OP, I'm so sorry , but looks like the girl won't be able to come as a K2 visa holder.

Yes, your I-129 F is approved, and she is mentioned in the petition. But it's not about when petition got approved or visa was issued.

In case with K2's it's about time of entry. K2 must enter the US BEFORE K2 turns 21. And according the info you gave us, there is no way your girl can make it.... I'm sorry...

[Unlockable 7,316]

The petition was approved because technically she is still under 21. But as already mentioned she must still be under 21 when she steps on US soil after visa approval. But since her birthday is in a week her visa will likely be denied at the interview in a few months.

It's tough, we know, but in the eyes of immigration at 21 she is an adult an can have her own life and family.

You say she is in school. Maybe you can seek a student visa to continue her education here.

[SE18 2]

this is not a K2; it's a K1 visa

[Californiansunset 336]

this is not a K2; it's a K1 visa

It's a K1 for your fiancée and a K2 for her daughter. If the daughter (the K2 visa holder) turns 21 before POE she won't be let into the country.

[canadian_wife 1,829]

this is not a K2; it's a K1 visa

The K-1 visa is for your fiance. The K-2 is the derivative visa that is granted to a qualifying child of the holder of a K-1. In this situation your fiance will receive a K-1 visa. If your step daughter was under the age of 21 she would be granted a K-2 visa.

It sounds like you are not so well versed on this process or the visa classifications involved. Shall I suggest you begin reading so you are not disappointed on interview day?

Good luck

[aleful 1,905]

hi

unfortunately she is out of luck, since she is turning 21 now,

she will be In another category. When her mom becomes a LPR, she can file for her, children over 21 from her country if Philippines, the wait is 10 years or over 10 years, and she can't marry while her mom is only a LPR

[NikLR 13,232]

At least she'll be able to finish her studies.

[Cathi 5,800]

your wife will be entering on a K-1, her daughter a k-2 which is the derivative visa for a k-1. BUT the daughter be 21 on November 1st so so will be denied her k-2 because she has to be under 21 when she arrives in the US. There is nothing you can do to change the fact that her daughter is too old and will not be issued a visa along with her mom. When her mom gets here she can petition for her daughter, but the wait time for that category is 10+ years.