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Filed: K-1 Visa Country: Russia
Timeline
Posted

Our interview is planned for April 27 and after approval my Elena plans to come to visit me in America. She is planning to leave her daughter Anastasia ( who is 3 years old) at home with her mother for about a month . Elena has heard so many horror stories on Russian T.V. about women being abused, forced into prostitution, or made to be prisoners in their own home, etc. She wants to insure that she will not be subjecting her daughter to any undesirable environment. She insures me that she cares for me deeply but she also needs to protect her daughter. I have a couple questions. 1. After Elena arrives and finds out that everything is OK. How can we get Anastasia here ? From what I understand Elena will not be able to return to Russia for quite some time and airline will not allow a child her age to travel alone. 2. Is it possible for me to go to Russia and bring her back with me and if it is, what type of paperwork/documentation is required.

Service Center : Texas Service Center

Consulate : Moscow, Russia

I-129F Sent : 2006-06-09

I-129F NOA1 : 2006-06-26

Touched : 2006-09-18

Notified RFE in the mail 2006-09-29

Notification of Approval 2006-11-07

Filed: K-1 Visa Country: Mexico
Timeline
Posted (edited)
Our interview is planned for April 27 and after approval my Elena plans to come to visit me in America. She is planning to leave her daughter Anastasia ( who is 3 years old) at home with her mother for about a month . Elena has heard so many horror stories on Russian T.V. about women being abused, forced into prostitution, or made to be prisoners in their own home, etc. She wants to insure that she will not be subjecting her daughter to any undesirable environment. She insures me that she cares for me deeply but she also needs to protect her daughter. I have a couple questions. 1. After Elena arrives and finds out that everything is OK. How can we get Anastasia here ? From what I understand Elena will not be able to return to Russia for quite some time and airline will not allow a child her age to travel alone. 2. Is it possible for me to go to Russia and bring her back with me and if it is, what type of paperwork/documentation is required.

As a K1, her daughter should have been included on the paperwork as children have derivative status for a K2. Perhaps you need to work fast to amend your petition or consult a lawyer on how to get the daughter added, fast. Then check into what documentation the Russian airline requires to allow you to take her out of the country without her parents present. Many countries require a notarized letter from the parents indicating their approval.

http://travel.state.gov/visa/immigrants/ty...4.html#Children

Children Have Derivative Status

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

Edited by kitkat1
Filed: K-1 Visa Country: Russia
Timeline
Posted
Our interview is planned for April 27 and after approval my Elena plans to come to visit me in America. She is planning to leave her daughter Anastasia ( who is 3 years old) at home with her mother for about a month . Elena has heard so many horror stories on Russian T.V. about women being abused, forced into prostitution, or made to be prisoners in their own home, etc. She wants to insure that she will not be subjecting her daughter to any undesirable environment. She insures me that she cares for me deeply but she also needs to protect her daughter. I have a couple questions. 1. After Elena arrives and finds out that everything is OK. How can we get Anastasia here ? From what I understand Elena will not be able to return to Russia for quite some time and airline will not allow a child her age to travel alone. 2. Is it possible for me to go to Russia and bring her back with me and if it is, what type of paperwork/documentation is required.

As a K1, her daughter should have been included on the paperwork as children have derivative status for a K2. Perhaps you need to work fast to amend your petition or consult a lawyer on how to get the daughter added, fast. Then check into what documentation the Russian airline requires to allow you to take her out of the country without her parents present. Many countries require a notarized letter from the parents indicating their approval.

http://travel.state.gov/visa/immigrants/ty...4.html#Children

Children Have Derivative Status

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

Service Center : Texas Service Center

Consulate : Moscow, Russia

I-129F Sent : 2006-06-09

I-129F NOA1 : 2006-06-26

Touched : 2006-09-18

Notified RFE in the mail 2006-09-29

Notification of Approval 2006-11-07

Filed: K-1 Visa Country: Russia
Timeline
Posted
Our interview is planned for April 27 and after approval my Elena plans to come to visit me in America. She is planning to leave her daughter Anastasia ( who is 3 years old) at home with her mother for about a month . Elena has heard so many horror stories on Russian T.V. about women being abused, forced into prostitution, or made to be prisoners in their own home, etc. She wants to insure that she will not be subjecting her daughter to any undesirable environment. She insures me that she cares for me deeply but she also needs to protect her daughter. I have a couple questions. 1. After Elena arrives and finds out that everything is OK. How can we get Anastasia here ? From what I understand Elena will not be able to return to Russia for quite some time and airline will not allow a child her age to travel alone. 2. Is it possible for me to go to Russia and bring her back with me and if it is, what type of paperwork/documentation is required.

As a K1, her daughter should have been included on the paperwork as children have derivative status for a K2. Perhaps you need to work fast to amend your petition or consult a lawyer on how to get the daughter added, fast. Then check into what documentation the Russian airline requires to allow you to take her out of the country without her parents present. Many countries require a notarized letter from the parents indicating their approval.

http://travel.state.gov/visa/immigrants/ty...4.html#Children

Children Have Derivative Status

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

Thank you for your reply. I forgot to mention that she is on the I-129 petition along with Elena's and her presence is required at the interview

Service Center : Texas Service Center

Consulate : Moscow, Russia

I-129F Sent : 2006-06-09

I-129F NOA1 : 2006-06-26

Touched : 2006-09-18

Notified RFE in the mail 2006-09-29

Notification of Approval 2006-11-07

Filed: K-1 Visa Country: Mexico
Timeline
Posted

Then you need to talk with the airline directly to find out what is required to be allowed to exit the country with her without her parents. You most likely need a travel consent form signed by both parents, her passport and visa, and potentially other proof that she is allowed to leave with you and of your relationship to her.

Filed: K-1 Visa Country: Ukraine
Timeline
Posted
Our interview is planned for April 27 and after approval my Elena plans to come to visit me in America. She is planning to leave her daughter Anastasia ( who is 3 years old) at home with her mother for about a month . Elena has heard so many horror stories on Russian T.V. about women being abused, forced into prostitution, or made to be prisoners in their own home, etc. She wants to insure that she will not be subjecting her daughter to any undesirable environment. She insures me that she cares for me deeply but she also needs to protect her daughter. I have a couple questions. 1. After Elena arrives and finds out that everything is OK. How can we get Anastasia here ? From what I understand Elena will not be able to return to Russia for quite some time and airline will not allow a child her age to travel alone. 2. Is it possible for me to go to Russia and bring her back with me and if it is, what type of paperwork/documentation is required.

Why don't you and Elena check into an advanced parole? It seems like something like this would be issued where Elena can leave the country and return after you are married. From what I've read, by the time she would receive the advanced parole, it would be in about the same time frame of the investingating she wants to do before she brings her daughter to be with you.

Someone correct me if I am wrong. But it sounds a little more simple.

Joseph

us.jpgKarolina

AOS application received Chicago - 11/12/2007

 
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