Can K2 come to usa and apply for AOS at a later time?

[Vabsmith 47]

My prospective fiance has a daughter who is 14 years. I  ( US Citizen) wanted to spend first two years of married life with my fiance before we have her daughter come to USA.

How can this be done?

How can the daughter then apply for her green card?

Any suggestions will be appreciated.

 

 

[Boiler 46,059]

A bit odd leaving a child behind but you can petition for her as a step parent to immigrate later. She will be a LPR on entry.

[Vabsmith 47]

Thanks for the response. The daughter prefers to complete her highschool in her home country and can live with her grand parents. So for her to enter into  USA she has to have her green card processed before her 18th birthday? Is that right? 

[HRQX 4,145]

12 minutes ago, Vabsmith said:

So for her to enter into  USA...

Look into IR-2. She'll have to enter with the IR-2 before she is 21 (in CSPA age https://www.uscis.gov/greencard/child-status-protection-act)

 

https://www.visajourney.com/content/childpet/ "If you are a U.S. citizen and the father or stepparent"

Edited July 16, 2019 by HRQX

[Vabsmith 47]

1 hour ago, HRQX said:

Look into IR-2. She'll have to enter with the IR-2 before she is 21 (in CSPA age https://www.uscis.gov/greencard/child-status-protection-act)

 

https://www.visajourney.com/content/childpet/ "If you are a U.S. citizen and the father or stepparent"

Thank you! I wonder how long does it typically take for the Green card if I file for her as a step father ...? 

[SalishSea 18,125]

2 hours ago, Vabsmith said:

My prospective fiance has a daughter who is 14 years. I  ( US Citizen) wanted to spend first two years of married life with my fiance before we have her daughter come to USA.

How can this be done?

How can the daughter then apply for her green card?

Any suggestions will be appreciated.

 

 

She won't be coming as a K-2 in that case, as the time limit for that is one year.

[HRQX 4,145]

24 minutes ago, Vabsmith said:

Thank you! I wonder how long does it typically take for the Green card if I file for her as a step father ...? 

13 to 16 months currently. If the case reaches NVC too quickly then you can purposely delay if you wish.

[Vabsmith 47]

2 hours ago, Jorgedig said:

She won't be coming as a K-2 in that case, as the time limit for that is one year.

Well the K2 is valid only for six months for entry right? Not even one year? Actually She just needs one year in her home country to finish school... what’s my best option to bring her to usa? 

[payxibka 10,047]

5 minutes ago, Vabsmith said:

Well the K2 is valid only for six months for entry right? Not even one year? Actually She just needs one year in her home country to finish school... what’s my best option to bring her to usa? 

K2 must be ISSUED within a year of the k1s issuance.   Validity period of the k2 to enter the USA is approximately 6 months after issued and is based on when the Visa medical was done.

Edited July 16, 2019 by payxibka

[Vabsmith 47]

48 minutes ago, payxibka said:

K2 must be ISSUED within a year of the k1s issuance.   Validity period of the k2 to enter the USA is approximately 6 months after issued and is based on when the Visa medical was done.

Thanks for the response. So do I apply for K2 at the same time of applying for K1 but request them to issue the K2 at a later point? Is there any link to guidance on this? Thanks 

[Vabsmith 47]

15 hours ago, payxibka said:

K2 must be ISSUED within a year of the k1s issuance.   Validity period of the k2 to enter the USA is approximately 6 months after issued and is based on when the Visa medical was done. 

Shall I apply for K1 and K2 together? Or get married to the K1 and then apply for the stepdaughter? Is there anything else needed to establish the stepdaughter relation other than me getting married to the fiance? Please suggest.

[payxibka 10,047]

6 minutes ago, Vabsmith said:

Shall I apply for K1 and K2 together? Or get married to the K1 and then apply for the stepdaughter? Is there anything else needed to establish the stepdaughter relation other than me getting married to the fiance? Please suggest.

You apply for the k2 when the child is ready to travel, as long as it is before the expiration of the follow to join window.   You don't need a step parent relationship for a k2.

 

  If the k2 application window has expired then you could petition for the child as an immediate relative of a USC as long as the stepparent relationship was created before the child turned 18

[Vabsmith 47]

4 minutes ago, payxibka said:

You apply for the k2 when the child is ready to travel, as long as it is before the expiration of the follow to join window.   You don't need a step parent relationship for a k2.

 

  If the k2 application window has expired then you could petition for the child as an immediate relative of a USC as long as the stepparent relationship was created before the child turned 18 

Great. Thanks very much. How do I know what the "follow to join Window" is? And  What the K2 application window is?

[payxibka 10,047]

1 minute ago, Vabsmith said:

Great. Thanks very much. How do I know what the "follow to join Window" is? And  What the K2 application window is?

Within one year of the k1 issuance 

[Vabsmith 47]

1 hour ago, payxibka said:

Within one year of the k1 issuance  

Thanks much.