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Posted

Hi everybody,

 

I am a US citizen and want to apply K1 Visa for my Fiance first, after my Fiance come over  1 year , then apply K2 Visa for his daughter, does anyone know about it is possible or have to apply same time? How long it will take a process time? Thank you so much for help.

Posted

You just need to petition for your fiance first via the I-129F. Use the guides here for reference. ETA: 6-8 months - on average - from I-129F filing to visa in hand. List all children on the forms, even if they aren't coming to the US.

 

Once the I-129F is approved (~3-4 months typically), it will be sent to NVC for processing, then off to the embassy. Your fiance will fill out the DS-160 for himself, do a medical, get police certs, etc., then interview at the embassy. When he gets approved, his daughter has up to one year to to utilize follow-to-join for the K-2. The K-2 must be issued within that 1 year period of the K-1 approval...so make sure to apply long enough before the 1 year period to actually complete all the required steps, schedule the interview, and get approved.

 

Some info: http://www.visatutor.com/k2-visa-follow-join/

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
3 hours ago, geowrian said:

You just need to petition for your fiance first via the I-129F. Use the guides here for reference. ETA: 6-8 months - on average - from I-129F filing to visa in hand. List all children on the forms, even if they aren't coming to the US.

 

Once the I-129F is approved (~3-4 months typically), it will be sent to NVC for processing, then off to the embassy. Your fiance will fill out the DS-160 for himself, do a medical, get police certs, etc., then interview at the embassy. When he gets approved, his daughter has up to one year to to utilize follow-to-join for the K-2. The K-2 must be issued within that 1 year period of the K-1 approval...so make sure to apply long enough before the 1 year period to actually complete all the required steps, schedule the interview, and get approved.

 

Some info: http://www.visatutor.com/k2-visa-follow-join/

Thank you so much for your information.

3 hours ago, Coco8 said:

Look up on the search on VJ: follow to join k1

Thank you.

3 hours ago, SArobee said:

u can apply same time

Thank you!

Posted
3 hours ago, geowrian said:

You just need to petition for your fiance first via the I-129F. Use the guides here for reference. ETA: 6-8 months - on average - from I-129F filing to visa in hand. List all children on the forms, even if they aren't coming to the US.

 

Once the I-129F is approved (~3-4 months typically), it will be sent to NVC for processing, then off to the embassy. Your fiance will fill out the DS-160 for himself, do a medical, get police certs, etc., then interview at the embassy. When he gets approved, his daughter has up to one year to to utilize follow-to-join for the K-2. The K-2 must be issued within that 1 year period of the K-1 approval...so make sure to apply long enough before the 1 year period to actually complete all the required steps, schedule the interview, and get approved.

 

Some info: http://www.visatutor.com/k2-visa-follow-join/

What about without 1 year period of the K-1 approval, the K-2 still can apply?

Posted
15 minutes ago, happy4ever4u said:

What about without 1 year period of the K-1 approval, the K-2 still can apply?

I'm not sure what you mean exactly...?

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted

I mean like you said, K-2 must be issued within that 1 year period of the K-1 approval, what about K-2 issued more than 1 year period of the K-1 approval, does K-2 still can utilize follow-to-join?If K-2 can't apply follow -to-join, then do you recommend other way for K-2 apply?

Posted
19 minutes ago, happy4ever4u said:

I mean like you said, K-2 must be issued within that 1 year period of the K-1 approval, what about K-2 issued more than 1 year period of the K-1 approval, does K-2 still can utilize follow-to-join?If K-2 can't apply follow -to-join, then do you recommend other way for K-2 apply?

Ah, okay. A K-2 visa will not be issued after that 1 year period since the K-2 applicant would no longer be eligible for it.

 

Keep in mind the K-2 visa is valid for 6 months from the medical or the interview - whichever comes sooner. So it's really a maximum delay of 18 months from K-1 issued to entry into the US in a perfect scenario (albeit trying to get near 18 months out would be highly risky in case anything at all did not go as planned).

 

The other option is your then-spouse can petition for the child after the marriage so long as you marry before the child turns 18. Since the child would be a stepson, your spouse could petition for the child and then the child applies for a CR-2 visa. ETA: ~1 year from filing to visa in hand. This wait increases massively if the child turns 21 or gets married, so plan accordingly.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
4 hours ago, geowrian said:

Ah, okay. A K-2 visa will not be issued after that 1 year period since the K-2 applicant would no longer be eligible for it.

 

Keep in mind the K-2 visa is valid for 6 months from the medical or the interview - whichever comes sooner. So it's really a maximum delay of 18 months from K-1 issued to entry into the US in a perfect scenario (albeit trying to get near 18 months out would be highly risky in case anything at all did not go as planned).

 

The other option is your then-spouse can petition for the child after the marriage so long as you marry before the child turns 18. Since the child would be a stepson, your spouse could petition for the child and then the child applies for a CR-2 visa. ETA: ~1 year from filing to visa in hand. This wait increases massively if the child turns 21 or gets married, so plan accordingly.

Thank you for your detail information, so do I have to fill out his daughter's name on I-129F form at the first time?If I want to apply CR-2 visa for her.

Posted
Just now, happy4ever4u said:

Thank you for your detail information, so do I have to fill out his daughter's name on I-129F form at the first time?If I want to apply CR-2 visa for her.

For the K-1, on the I-129F list all children even if they are not immigrating.

 

When you get to the CR-2 visa, you will use form I-130. You can't petition for the child until after you are married (the child isn't your stepchild yet).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
3 minutes ago, geowrian said:

For the K-1, on the I-129F list all children even if they are not immigrating.

 

When you get to the CR-2 visa, you will use form I-130. You can't petition for the child until after you are married (the child isn't your stepchild yet).

So I have to marry first, then I can petition for the child, is that your mean, right? Or I misunderstood. 

Posted
2 minutes ago, happy4ever4u said:

So I have to marry first, then I can petition for the child, is that your mean, right? Or I misunderstood. 

Yes that is correct.  It will take about 1 year after petition. Generally speaking it's cheaper to have the k2 come at the same time as the k1 because children under 14 get a discounted rate to AOS when they AOS with a parent. 

 

Is there a reason why the child isnt also coming when the fiance comes? Is the other parent okay with the child immigrating?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted
4 minutes ago, NikLR said:

Yes that is correct.  It will take about 1 year after petition. Generally speaking it's cheaper to have the k2 come at the same time as the k1 because children under 14 get a discounted rate to AOS when they AOS with a parent. 

 

Is there a reason why the child isnt also coming when the fiance comes? Is the other parent okay with the child immigrating?

I knew it's cheaper if they come at the same time, but my Fiance wants come over first and get settle down everything, then we will petition his 15 years old daughter. This is my first time apply K-1 & k-2, so I have a lot questions, sorry about that. I had a little bit confuse, I don't know should I petition K-2 follow-join-in or CR-2, because our plan is  my Fiance come over first, after 1 year, then we will petition his daughter. 

Posted
Just now, happy4ever4u said:

I knew it's cheaper if they come at the same time, but my Fiance wants come over first and get settle down everything, then we will petition his 15 years old daughter. This is my first time apply K-1 & k-2, so I have a lot questions, sorry about that. I had a little bit confuse, I don't know should I petition K-2 follow-join-in or CR-2, because our plan is  my Fiance come over first, after 1 year, then we will petition his daughter. 

Either way, you fill out the I-129F and go through the process to get your fiance a K-1 visa. Then he can come to the US and you can marry. If things "settle down" with enough time to complete the visa processing for a K-2, then that option is available to you. If not, you can look at a CR-2 (just be ready for the ~1 year processing time).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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