AOS and a late addition K2

[E & J 2018 132]

My fiancée and her daughter arrived in March and we were married in April. I am about to submit the AOS packet (I-485, I-765, I-131, I-864) for my wife and her daughter. Now, her son (15) has changed his mind and wants to come to the USA. We only did the DS-160 for my fiancée (now wife) and her daughter, because her son did not want to come here, originally. His name was shown on the I-129F, but he was not immigrating, so I did not do a DS-160 or setup the exams for him.

 

I am wondering what do we have to do at this point? I know he will need a medical and interview in Rio, but do I still add him on the I-864 that I am submitting next week? I need to submit the AOS packet by June 16th?

[payxibka 10,045]

When will he come?

 

If/when he does come,  you will do another I864 when you do his AOS

[E & J 2018 132]

Just now, payxibka said:

When will he come?

 

If/when he does come,  you will do another I864 when you do his AOS

He will come as soon as he can. I'm not sure how to start the process for him? Do we just prepare a DS-160. Is the RDJ number that we received from the NVC still applicable for him, even though we indicated that he was not immigrating with his mother? He was just shown as one of her children on the original I-129F.  I couldn't find a guide for how we accomplish getting him here.... I'm a little lost.

[payxibka 10,045]

2 minutes ago, E & J 2018 said:

He will come as soon as he can. I'm not sure how to start the process for him? Do we just prepare a DS-160. Is the RDJ number that we received from the NVC still applicable for him, even though we indicated that he was not immigrating with his mother? He was just shown as one of her children on the original I-129F.  I couldn't find a guide for how we accomplish getting him here.... I'm a little lost.

Same petition number.   Your wife should have had a 01 suffix,  daughter a 02, the son would be 03

[Pitaya 2,577]

15 minutes ago, E & J 2018 said:

He will come as soon as he can. I'm not sure how to start the process for him? Do we just prepare a DS-160. Is the RDJ number that we received from the NVC still applicable for him, even though we indicated that he was not immigrating with his mother? He was just shown as one of her children on the original I-129F.  I couldn't find a guide for how we accomplish getting him here.... I'm a little lost.

Here is a link from the DOS about follow-to-join K2s: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#6

 

Check with RDJ consulate for specifics on the child's immigration status.

 

Good luck on your immigration journey.

[E & J 2018 132]

I see a suffix number on CEAC website for the RDJ number we received from the NVC (01,02)..... How do we start the process for her son? This is what I do not know. Do we just submit a DS-160 referencing this RDJ number and then setup the exams and interview like we originally did for my fiancée and her daughter?

Just now, Pitaya (火龙果) said:

Here is a link from the DOS about follow-to-join K2s: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#6

 

Check with RDJ consulate for specifics on the child's immigration status.

 

Good luck on your immigration journey.

Thank you!!!!

[Greenbaum 12,259]

1 minute ago, E & J 2018 said:

I see a suffix number on CEAC website for the RDJ number we received from the NVC (01,02)..... How do we start the process for her son? This is what I do not know. Do we just submit a DS-160 referencing this RDJ number and then setup the exams and interview like we originally did for my fiancée and her daughter?

You use the same steps as you did, to get his visa. A family member can help you and he travel through the medical and interview stages.

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#16

 

Are My Children Required to Travel with Me?

 

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa.

[payxibka 10,045]

5 minutes ago, E & J 2018 said:

I see a suffix number on CEAC website for the RDJ number we received from the NVC (01,02)..... How do we start the process for her son? This is what I do not know. Do we just submit a DS-160 referencing this RDJ number and then setup the exams and interview like we originally did for my fiancée and her daughter?

Thank you!!!!

Generally speaking,  exactly 

[E & J 2018 132]

Just now, Greenbaum said:

You use the same steps as you did, to get his visa. A family member can help you and he travel through the medical and interview stages.

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#16

 

Are My Children Required to Travel with Me?

 

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa.

Thank you!

[JasonGG 280]

We had a similar situation last year.  My fiance's (now wife's) son initially planned to remain in Vietnam, but changed his mind when we said good-bye!  We had not told the consulate officer her son planned to "follow to join" at the interview.  At the time, he didn't want to leave.  Luckily, because both children were listed on the 129F, their K2 applications were processed up to the point of submitting the DS-160.  So, after my wife's interview,  she and her daughte'sr CEAC status changed to "Issued" while her son's remained as "Ready". 

 

Her son's status remained "Ready" after my wife and daughter arrived in the U.S.  If I remember correctly, it remains "Ready" for 1 year before expiring, but I don't remember if the visa issue date is the "start date" for that countdown to expiration.  Four months later,  we were ready to bring him to the U.S.  We simply repeated the steps we took for my wife and her daughter beginning with the DS-160.  We completed her son's DS-160, paid the fee, sent copies of the passport, cover sheet, and photo to the consulate.  We then waited for dates to be available to schedule his interview.  Using the invitation letter his mother received 7 months earlier, he attended his medical exam and interview.  Because of his age (11), the consulate permitted a family friend to accompany him inside the consulate for the interview.  Once inside, it was a very simple process.  They primarily needed to review and collect his documents and passport.

 

The only drawback to "follow to join" was that when my wife's son arrived in the U.S., she already completed her AOS interview and had her green card.  Her son had to apply for AOS separately and we paid the higher fee instead of the lower fee her daughter paid as a K2 applying at the same time as the K1.

 

Good luck to you and your family - Jason

Edited June 8, 2019 by JasonGG