Children entering on K1

[Helen Quail 28]

Four of my children are included in my application, currently awaiting NOA2. 

 

Do they have to enter at the same time as me?

My eldest is 17 and wants to finish education here, while the other three are coming over immediately with me. I want him to have the opportunity to come and explore living/studying there after that. But I've just realised he may have to come with us? Then of course he couldn't leave until AOS etc.

 

Anyone advise on our options? And if he didn't take up his K1, what other options might he have in future??

 

Thank you all

 

Helen

 

Edited September 11, 2017 by Helen Quail
More info

[B E 3]

He can travel alone later, as long as it is within the 6 months (validation time of the visa). This is if you wrote that he would be travelling with you.

If you wrote "To join" he will not get a visa at the same time as you and will have to apply again to get the visa, but on the positive side, he would get more time to finish school than the 6 months.

However, if one of your children is reaching the age of 21 years he will have to travel before his birthday and apply for an adjustment of status before his birthday once in the US.

Edited September 11, 2017 by B E

[Helen Quail 28]

Oh thank you so much! That's really helpful. Six months should work. Then I guess he would have to stay while AOS was processing too? ie some months...

thanks

[B E 3]

Exactly, After you apply for AOS, you cannot leave until the permission to travel is issued, or, if you did not apply for the permission to travel, until you get the green card. Otherwise, if you leave the country before, you are considered abandoning your application and won't be able to get back because each visa is only valid for 1 single entry. 

Children of K1 beneficiary do not get K1 visa, they get K2 visa.

While K1 and K2 visas are obtained using the same form I-129F, each beneficiary has to file his own form for AOS,

Edited September 13, 2017 by B E

[Helen Quail 28]

Yes of course. And thank you for reminding me he could apply for permission to travel if needed while awaiting AOS. 

Alot of possibilities to juggle with four kids coming too! He may well wish to return to UK for University but too early to say...

Thanks so much 

[B E 3]

Permission to travel is obtained through "Advance parole" form.

[Eric-Pris 1,607]

When you apply for K1 and you get to the embassy (interview) stage you can decide if the kids (k2 visas) will travel with you or "follow to join" you later (up to 6 months).  We did that with my wife's daughters.  My wife came in May 2008.  Then in late November, we went to pick up the kids.  I don't remember, but I think we had to go back to the embassy when we came back for them in 6 months to get their visas.  It wasn't an interview, more of a formality, as they were already approved at the same time as my wife.

 

2 things to keep in mind:

1. aging out- I believe that your son has to be under 18 when he enters the US

2. you have a maximum of 6 months to bring them over or you'd have to reapply

[Helen Quail 28]

On 13/09/2017 at 9:46 PM, Eric-Pris said:

When you apply for K1 and you get to the embassy (interview) stage you can decide if the kids (k2 visas) will travel with you or "follow to join" you later (up to 6 months).  We did that with my wife's daughters.  My wife came in May 2008.  Then in late November, we went to pick up the kids.  I don't remember, but I think we had to go back to the embassy when we came back for them in 6 months to get their visas.  It wasn't an interview, more of a formality, as they were already approved at the same time as my wife.

 

2 things to keep in mind:

1. aging out- I believe that your son has to be under 18 when he enters the US

2. you have a maximum of 6 months to bring them over or you'd have to reapply

Thank you. Slightly different from the earlier info above on "to join" but in any case he has 6 months. He won't be 18 untill July 2018 so timing should work as his exams are done by June.

Thank you 

On 13/09/2017 at 9:12 PM, B E said:

Permission to travel is obtained through "Advance parole" form.

Thank you

[milimelo 4,572]

On 9/13/2017 at 11:46 PM, Eric-Pris said:

When you apply for K1 and you get to the embassy (interview) stage you can decide if the kids (k2 visas) will travel with you or "follow to join" you later (up to 6 months).  We did that with my wife's daughters.  My wife came in May 2008.  Then in late November, we went to pick up the kids.  I don't remember, but I think we had to go back to the embassy when we came back for them in 6 months to get their visas.  It wasn't an interview, more of a formality, as they were already approved at the same time as my wife.

 

2 things to keep in mind:

1. aging out- I believe that your son has to be under 18 when he enters the US

2. you have a maximum of 6 months to bring them over or you'd have to reapply

Under 21 for K2 is considered a child. 

 

For CR2, if marriage happens before the child's 18th birthday the USC stepparent can petition them until they turn 21 (this is if they don't do K2 AOS for some reason).