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

[Hank_ 9,174]

On 7/15/2019 at 8:17 PM, 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.

 

 

K-2 FOLLOW TO JOIN is only valid for one year.   The K-2 visa must be ISSUED before the issued date of the K-1  (so start this process a month + early of that anniversary date if needed).  

 

If you are talking a 2 year delay you will need to petition her by filing the I-130 as your step-daughter

[Vabsmith 47]

6 hours ago, Hank_ said:

K-2 FOLLOW TO JOIN is only valid for one year.   The K-2 visa must be ISSUED before the issued date of the K-1  (so start this process a month + early of that anniversary date if needed).  

 

If you are talking a 2 year delay you will need to petition her by filing the I-130 as your step-daughter 

Hello I am slightly confused. Please help my understanding. I apply for the K1 first and get it fully processed and bring the fiance to USA. Assuming this process takes eight months for the fiance to be in USA. Next, after the FIance is in USA for a month or so, I   file a fresh K2 application ( without establishing the stepfather relation) and the K2 can come to USA after another 8 months or so. Is that right?

[JFH 12,191]

56 minutes ago, Vabsmith said:

Hello I am slightly confused. Please help my understanding. I apply for the K1 first and get it fully processed and bring the fiance to USA. Assuming this process takes eight months for the fiance to be in USA. Next, after the FIance is in USA for a month or so, I   file a fresh K2 application ( without establishing the stepfather relation) and the K2 can come to USA after another 8 months or so. Is that right?

But I thought you wanted 2 years alone time with your wife and the child wants to finish high school? She can’t use a K-2 to visit. It’s a single-use visa. Once she enters with it, she’s here for living here. She can’t keep coming back and forth during school breaks on the K-2. She needs a visitor visa for that. 

 

So, is she coming for good after 8 months or after 2 years? 

[Vabsmith 47]

27 minutes ago, JFH said:

But I thought you wanted 2 years alone time with your wife and the child wants to finish high school? She can’t use a K-2 to visit. It’s a single-use visa. Once she enters with it, she’s here for living here. She can’t keep coming back and forth during school breaks on the K-2. She needs a visitor visa for that. 

 

So, is she coming for good after 8 months or after 2 years? 

Thanks. You are correct Ideally I want two years alone with the wife. But given that it takes almost an year to get my wife’s K1 and maybe another year to get the daughters k2 I can compromise on that.  Whenever The daughter comes herein usa it will be for good and no going back and forth. Daughter’s high school will be completed two years from today. 

Any suggestions? 

[payxibka 10,047]

21 minutes ago, Vabsmith said:

Thanks. You are correct Ideally I want two years alone with the wife. But given that it takes almost an year to get my wife’s K1 and maybe another year to get the daughters k2 I can compromise on that.  Whenever The daughter comes herein usa it will be for good and no going back and forth. Daughter’s high school will be completed two years from today. 

Any suggestions? 

It won't take a year for the k2.  It will take however long it takes you to schedule an interview and do the medical 

[Vabsmith 47]

22 minutes ago, payxibka said:

It won't take a year for the k2.  It will take however long it takes you to schedule an interview and do the medical 

Are you saying it takes much less time for K2 than for K1? Thanks 

[payxibka 10,047]

Just now, Vabsmith said:

Are you saying it takes much less time for K2 than for K1? Thanks 

Yes, because you avoid the uscis and nvc and start immediately with the consulate.   If you miss the k2 window then a new petition for the child will take 12 to 14 months .  

 

So if you get the k2 issued right before the one year period expires,  then the k2 has about 6 months more after that before the visa expires.   Theoretically if you time it spot on you can get about 18 months before the k2 arrives after the k1

[Hank_ 9,174]

9 hours ago, Vabsmith said:

Hello I am slightly confused. Please help my understanding. I apply for the K1 first and get it fully processed and bring the fiance to USA. Assuming this process takes eight months for the fiance to be in USA. Next, after the FIance is in USA for a month or so, I   file a fresh K2 application ( without establishing the stepfather relation) and the K2 can come to USA after another 8 months or so. Is that right?

Yes you complete an application at the embassy.    Within 1 year of the ISSUED date of the K-1 visa  a visa application is completed with  the embassy.     <  This process only takes 30-60 days

 

Pay the visa fee, complete the DS-160, schedule the interview, complete the medical, gather all required document, attend the interview.

 

https://www.visaconnection-philippines.com/us-embassy-usem.html

Edited July 18, 2019 by Hank_

[JasonGG 280]

19 hours ago, Vabsmith said:

Hello I am slightly confused. Please help my understanding. I apply for the K1 first and get it fully processed and bring the fiance to USA. Assuming this process takes eight months for the fiance to be in USA. Next, after the FIance is in USA for a month or so, I   file a fresh K2 application ( without establishing the stepfather relation) and the K2 can come to USA after another 8 months or so. Is that right?

My stepson was a "follow-to-join" K2, coming to the U.S. 6 months after his mother.  He actually didn't plan on coming at all and was living with his grandparents.  We even told the embassy at the interview he was not immigrating, but he changed his mind the day before his mother, sister, and I left Vietnam!  When you submit the I-129F, you include your fiance's children on that application.  You do not submit a separate 129F for the K2.  The K2 is only a derivative of the K1 visa.  As the application is processing for the K1, USCIS and NVC will also process K2s for each child listed as a child of your fiance.  They do this even if the kids have no intention of coming to the U.S.  They will be treated as K2 applicants up to the embassy stage.

 

Processing is put on hold once the application arrives at the embassy and will only move forward for applicants (K1 and K2) if a DS-160 is submitted along with the visa fee and supporting documents.  If you do not submit these for the K2, it will stay "ready" at the CEAC website, meaning that it is waiting for you to take the next step of filing the DS-160 and paying the visa fee.  At this point you can submit the DS-160 for only the K1 and let the K2 sit.  It will stay ready for 12 months from the date your fiance's visa is issued.  After 12 months, you start from scratch with the application process for the child who no longer qualifies for a K2.  Keep in mind that you will have to pay an application fee after the K2 window closes when you apply to bring her daughter over at a later date using a different application.  As a K2 on the 129F, you just pay the visa fee after the DS-160.  I don't know if this applies to you, but AOS is also cheaper if the K1 and K2 (under age 14) apply at the same time.  My step daughter's AOS was $750 because she applied with her mother.  My stepson paid the full $1,140 because he applied 2 months after his mother had her green card.

 

Good Luck - Jason

 

 

[Vabsmith 47]

On 7/18/2019 at 12:42 PM, JasonGG said:

My stepson was a "follow-to-join" K2, coming to the U.S. 6 months after his mother.  He actually didn't plan on coming at all and was living with his grandparents.  We even told the embassy at the interview he was not immigrating, but he changed his mind the day before his mother, sister, and I left Vietnam!  When you submit the I-129F, you include your fiance's children on that application.  You do not submit a separate 129F for the K2.  The K2 is only a derivative of the K1 visa.  As the application is processing for the K1, USCIS and NVC will also process K2s for each child listed as a child of your fiance.  They do this even if the kids have no intention of coming to the U.S.  They will be treated as K2 applicants up to the embassy stage.

 

Processing is put on hold once the application arrives at the embassy and will only move forward for applicants (K1 and K2) if a DS-160 is submitted along with the visa fee and supporting documents.  If you do not submit these for the K2, it will stay "ready" at the CEAC website, meaning that it is waiting for you to take the next step of filing the DS-160 and paying the visa fee.  At this point you can submit the DS-160 for only the K1 and let the K2 sit.  It will stay ready for 12 months from the date your fiance's visa is issued.  After 12 months, you start from scratch with the application process for the child who no longer qualifies for a K2.  Keep in mind that you will have to pay an application fee after the K2 window closes when you apply to bring her daughter over at a later date using a different application.  As a K2 on the 129F, you just pay the visa fee after the DS-160.  I don't know if this applies to you, but AOS is also cheaper if the K1 and K2 (under age 14) apply at the same time.  My step daughter's AOS was $750 because she applied with her mother.  My stepson paid the full $1,140 because he applied 2 months after his mother had her green card.

  

Good Luck - Jason

 

 

Jason, thanks very very much for this explanation!! It cleared several of my doubts. I believe this process is the same for k1- k2s from all countries. Mine is from India... And also does that "follow to join" k2 takes about the same time to process after I file the DS-160 as compared to what it takes to get the K1?

[SalishSea 18,125]

5 minutes ago, Vabsmith said:

Jason, thanks very very much for this explanation!! It cleared several of my doubts. I believe this process is the same for k1- k2s from all countries. Mine is from India... And also does that "follow to join" k2 takes about the same time to process after I file the DS-160 as compared to what it takes to get the K1?

As explained previously in this thread, it does not take as long as the K-1.  K-2s are listed on already approved petitions, so the only steps needed are filing the DS-160 and having the interview.

[JasonGG 280]

2 hours ago, Vabsmith said:

Jason, thanks very very much for this explanation!! It cleared several of my doubts. I believe this process is the same for k1- k2s from all countries. Mine is from India... And also does that "follow to join" k2 takes about the same time to process after I file the DS-160 as compared to what it takes to get the K1?

As @Jorgedig noted, the petition is approved, so when you are ready to proceed with the follow-to-join K2, you just submit the DS-160, pay the visa fee, schedule the medical, and schedule the interview.  If there are available appointments, this can all be accomplished in a matter of days.  The timeline for K1 and K2 is the same from filing the DS-160 through receiving the visa after the interview and largely depends on how quickly you can get everything scheduled.  I delayed scheduling my stepson's interview as we waited for late 2018 appointments to become available to give more time to mail documents needed at the interview and to coincide with my wife's trip back to Vietnam in December.  After scheduling the interview, my stepson had his medical exam just a few days later. 

 

Jason

 

Edited July 22, 2019 by JasonGG

[payxibka 10,047]

2 hours ago, Vabsmith said:

Jason, thanks very very much for this explanation!! It cleared several of my doubts. I believe this process is the same for k1- k2s from all countries. Mine is from India... And also does that "follow to join" k2 takes about the same time to process after I file the DS-160 as compared to what it takes to get the K1?

You've had this same question answered several times 

[Vabsmith 47]

41 minutes ago, JasonGG said:

As @Jorgedig noted, the petition is approved, so when you are ready to proceed with the follow-to-join K2, you just submit the DS-160, pay the visa fee, schedule the medical, and schedule the interview.  If there are available appointments, this can all be accomplished in a matter of days.  The timeline for K1 and K2 is the same from filing the DS-160 through receiving the visa after the interview and largely depends on how quickly you can get everything scheduled.  I delayed scheduling my stepson's interview as we waited for late 2018 appointments to become available to give more time to mail documents needed at the interview and to coincide with my wife's trip back to Vietnam in December.  After scheduling the interview, my stepson had his medical exam just a few days later.  

  

Jason

 

Perfect. Thank you Jason.

37 minutes ago, payxibka said:

You've had this same question answered several times 

Thanks to the supportive members of this forum!

[Pitaya 2,577]

Great DOS link to K1/K2 visas:

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#6

 

HTH