K2 Visa with 2 kids can one come later

[market47 0]

Hello,

 

I'm starting to put together my paper work for my fiances K1-visa and had a question about her daughters.  I understand that we must include her 2 daughters on the application but wanted to know if it was possible to bring one of them and the other later.  The eldest is 18 years old and we are trying to bring her once she finishes college.  Just wanted some advice since it says that she will have up to one year for the "follow to join" on a later date.  However, our plan was to bring her when she turns 20 since she will graduate by then.

 

Thank you for help 

[Georgia16 2,858]

She won't be a K-2 then and she can't follow to join since as you wrote it will not be within a year. Also be careful she won't age out then it will take much longer.

[Ontarkie 14,410]

My advice would be to petition her to come with her mother. As soon as they get here, get married and AOS. Once the papers are filed and accepted and you get receipt NOA1.  Go get her emergency AP and when she gets GC a re entry permit. It will allow her to be gone for school up to 2 yrs. This way when she is done school she just needs to come back. 

Edited February 1, 2017 by Ontarkie
edited to add missing step

[geowrian 22,338]

33 minutes ago, Ontarkie said:

My advice would be to petition her to come with her mother. As soon as they get here, get married and AOS. Once the papers are filed and accepted and you get receipt NOA1.  Go get her a re entry permit. It will allow her to be gone for school up to 2 yrs. This way when she is done school she just needs to come back. 

Can you get a re-entry permit without LPR status? I thought you could only qualify for AP. By rule, AP cannot be issued to or used by an LPR, and a re-entry permit can only be issued to an LPR. The requirements for each are on pages 1 & 2 here:

https://www.uscis.gov/system/files_force/files/form/i-131instr.pdf

[Georgia16 2,858]

36 minutes ago, geowrian said:

Can you get a re-entry permit without LPR status? I thought you could only qualify for AP. By rule, AP cannot be issued to or used by an LPR, and a re-entry permit can only be issued to an LPR. The requirements for each are on pages 1 & 2 here:

https://www.uscis.gov/system/files_force/files/form/i-131instr.pdf

She means the child should stay until she gets her GC and the apply for the re-entry. 

[geowrian 22,338]

6 minutes ago, Georgia16 said:

She means the child should stay until she gets her GC and the apply for the re-entry. 

Ok. Because she said AOS then NOA1....not sure how the NOA1 comes into play. XD

[Georgia16 2,858]

1 minute ago, geowrian said:

Ok. Because she said AOS then NOA1....not sure how the NOA1 comes into play. XD

Oh yeah I see that. Can't answer that one  

[Ontarkie 14,410]

44 minutes ago, geowrian said:

Can you get a re-entry permit without LPR status? I thought you could only qualify for AP. By rule, AP cannot be issued to or used by an LPR, and a re-entry permit can only be issued to an LPR. The requirements for each are on pages 1 & 2 here:

https://www.uscis.gov/system/files_force/files/form/i-131instr.pdf

 

7 minutes ago, Georgia16 said:

She means the child should stay until she gets her GC and the apply for the re-entry. 

 

Just now, geowrian said:

Ok. Because she said AOS then NOA1....not sure how the NOA1 comes into play. XD

Sorry I missed a step. Yes once AOS is filed they take the NOA1 and apply for emergency AP then head back to school. 

 

Here's a detail step by step what to do Gary has helped many parents do just that. It's important to make sure life is set up here but it works. 

 

[geowrian 22,338]

1 minute ago, Ontarkie said:

Sorry I missed a step. Yes once AOS is filed they take the NOA1 and apply for emergency AP then head back to school.

Thanks! That makes much more sense to me.

[Ontarkie 14,410]

Just now, geowrian said:

Thanks! That makes much more sense to me.

I have a habit of thinking faster then I type. 

[cristina16 81]

3 hours ago, market47 said:

Hello,

 

I'm starting to put together my paper work for my fiances K1-visa and had a question about her daughters.  I understand that we must include her 2 daughters on the application but wanted to know if it was possible to bring one of them and the other later.  The eldest is 18 years old and we are trying to bring her once she finishes college.  Just wanted some advice since it says that she will have up to one year for the "follow to join" on a later date.  However, our plan was to bring her when she turns 20 since she will graduate by then.

 

Thank you for help 

Same case for my eldest daughter she is 20 and on her 4th year in College. We all came here in US and now in our AOS process. As soon as we have her GC, we will apply for re-entry permit for her and she can go home and finish her degree. It will be more difficult to petition her later on if she will stay more than a year (K2 follow to join is only valid for 1 year).

 

 

[market47 0]

Just wanted to say thank you to all for your advice and guidance. I will bring both of them here to make it easier on them and my fiancé that way we don't have any issues waiting for a long period of time.