Have F-1 Visa while applying for K-2 visa

[Jay Du 1]

Hi,

 

I plan to apply for my fiancée as K-1 and her son (20 years old) as K-2. Her son right now is studying in a US university as an international student with an F-1 visa.

 

I have the following questions if I apply for her son as K-2.

 

1. Once her son gets the K-2 visa, would his F-1 visa automatically get expired? Can he replace his F-1 with K-2 to continue his study at the US university?

2. If her son's K-2 visa gets delayed or denied, would he still be able to use his unexpired F-1 visa to re-enter US for his university study?

3. Can K-2 coexist with F-1?

 

Many thanks.

 

Jay

[bunkx 25]

Is your fiancée's son already in the US? If so, you could just file for AOS later without ever doing the K-2 - I think. Wait for someone else to confirm this before doing anything.

 

Even though K-2 is classified as a "nonimmigrant visa" it has immigration intent, which would be in violation with the F-1 status. The F-1 Status and F-1 Visa are completely different things. Your visa can expire, but as long as you maintain status (full-time student) you can remain in the US regardless of your visa, you just can't re-enter if you travel. However, for a K-2 application, he'd be leaving the United States, going back home, and applying at the embassy there. Which means, he'd violate his F-1 status by showing immigrant intent. Also he'd be giving his passport to the embassy. They'd likely put a "cancelled without prejudice" stamp on the F-1 visa when they issue the K-2 visa.

 

Best of luck, and congratulations!

[NigeriaorBust 4,087]

  You can't AOS ( using  an I130 and 485 )   because the child is an adult by I130 standard ( marriage has to occur before the child hit 18 )   if the K1 doesn't happen before the son turns 21 he won't get that visa either

[Jay Du 1]

Thanks for the prompt replies. I do appreciate.

 

The reason that I will do K-2 for her 20 year old son who is now studying in US as an undergraduate and has an F-1 status is that this is the only way for him to do AOS as K-2 without quota since he is over 18 years of age and still under 21 years old when we get married. Once we get married, as long as he is still under 21 years old when he enters into US with K-2, he can do AOS without quota. It looks like that any other way, it would take him  longer to get his green card because of quota. We only have less than a year to make K-2 before he turns into 21 years old.

 

I would like to confirm if F-1 and K-2 can coexist until K-2 enters into US.

 

Thanks.

 

Jay

[NigeriaorBust 4,087]

 Any prior visa is cancelled when the K2 is issued.  So he would leave with a valid F1 and return as a K2. 

[Jay Du 1]

Thanks again. So for some reason, if K-2 is denied or delayed, he can still use the non-expired F-1 visa to enter into US for his study, right?

[NigeriaorBust 4,087]

  If the K2 is rejected for "bad' reasons that could affect other visa ( like fraud )   but otherwise it should remain intact ( although proving non immigrant intent might get looked at closer in the future ) 

 

[Jay Du 1]

In the Form I-129F Expires 08/31/2018, I guess this is the latest one, 44.a through 44.h, ask for the child's physical residence if the child does not reside with the beneficiary. In my case, the beneficiary is in China while the child is studying in a US university in Oregon. Should I enter the US address where the child resides? By doing so, would it introduce some confusion for the USCIS officer why this child is in US and if he is legal in US?

 

Thanks.

 

Jay