K1/K2 Question

[kaerras 1]

Looking for clarification on something regarding my case; we filed for a K1 visa, and a K2 for her 12-year old daughter as well. My fiance has been working in Kuwait previously, but is from the Philippines. Her daughter lives in Philippines with the grandparents. We have already had our interview, just awaiting the visa in the mail now. The clarification I need is this: her daughter isn't interested in moving with us right away, she is 12 years old, wants to stay with her friends, continue living with the grandparents, etc. We aren't going to force her to come, but we filed the K2 at the same time anyways in case she changed her mind. We want her to be able to visit at least before she decides what she wants.

 

Okay, this is getting convoluted. I know her medical exam is good for like 6 months. Can she visit within that time and then go back home without losing her visa? Do we need to file an adjustment of status for her and get the travel clearance? How long does something like that take? And is it necessary for her, since she is only 12? Any information would be appreciated. Thanks

[Coco8 1,042]

No, K1/K2 are single entry. You can only use it once. They could plan a visit using a visitor visa. 

 

I understand that she wants to stay with the grandparent, but she is in the right age to start school in the U.S., learn English, and make friends. If you and your fiance want her to go to college or live in the U.S., it is best that she goes to school in the U.S. now. For college, being in the US gives you better chances and as a permanent resident or citizen, there are scholarship opportunities if she does well in school.  I doubt 12 year olds know what is best for them.

 

Moreover, if she wants to come back later, it will also cost money and time. You will have to file another petition. If you file as stepmom it will take a year to get the petition approved. If your fiance (then husband) files for her as her father, it will take 2 years. 

 

Maybe she can try living with you for a year and if it doesn't work out, you can send her back. If you want her to live with you. 

 

 

 

 

 

 

 

 

 

 

 

 

 

[kaerras 1]

Any idea on how long an adjustment of status would take, if she wanted to be able to come back and forth? IE: If she comes with her mom during the initial entry, then we can file an adjustment of status and get travel authorization? 

[Unlockable 7,314]

6 minutes ago, kaerras said:

Any idea on how long an adjustment of status would take, if she wanted to be able to come back and forth? IE: If she comes with her mom during the initial entry, then we can file an adjustment of status and get travel authorization? 

 

 

It can take up to 6 months for her to adjust status (receive a green card). The problem is that one of the requirements to keep the green card is to remain living in the US. If she is only coming to the US for visit she could potentially lose her green card in the future.

[mayra and dan 33]

My fiance has a son when i filed the K1 i put his sin name in the application is anything else i can do so his son come with him

[kaerras 1]

12 hours ago, NuestraUnion said:

 

 

It can take up to 6 months for her to adjust status (receive a green card). The problem is that one of the requirements to keep the green card is to remain living in the US. If she is only coming to the US for visit she could potentially lose her green card in the future.

Aww, damn. I guess either she moves with us at the same time, or I have wasted money on her visa fees. Thanks for your clarification.

[Greenbaum 12,259]

15 hours ago, kaerras said:

Aww, damn. I guess either she moves with us at the same time, or I have wasted money on her visa fees. Thanks for your clarification.

My recommendation is that she travel with her mom to the US.  She can stay behind for up to a year but after that, her derivative visa is dead and you will have to reapply later on. How do I say this that it doesn't sound arrogate; I would talk mom into bringing her to the US and avoid the problems. Mom without her daughter will be homesick and that will cause havoc on your marriage so eliminate the problem before it starts.  My step-son traveled (he was 12 also at the time) with his sister and mother and once here we enrolled him into school and he has transitioned rather nicely. He has made so many friends. He told me that he doesn't want to return to the Philippines but to visit. So, It can be done. Good luck.