Step children

[Pelmeni 39]

3 hours ago, Ontarkie said:

Follow to join would be the fastest way. Depending on when in October he turns 18 I would call in September to get the ball rolling and Hope for a November interview. 

I've looked on the USCIS website. It mentions green card holders for the follow to join but we are still waiting for the interview letter to arrive so he doesn't have that status yet. Is it still possible?

[Hank_ 9,174]

9 minutes ago, Pelmeni said:

I've looked on the USCIS website. It mentions green card holders for the follow to join but we are still waiting for the interview letter to arrive so he doesn't have that status yet. Is it still possible?

That doesn't make sense to mention a green card holder in relation to FOLLOW TO JOIN ...     

 

Do you have a link to the page you were reading?

 

Is it possible to complete the K-2 FOLLOW TO JOIN?     I don't have a for sure answer ..  I would strongly suggest to contact the U.S. embassy in Russia .. hopefully getting a solid answer if the K-2 FOLLOW TO JOIN can be used by an 18 y.o.        I have only found one small reference to the K-2 and it was stating the child having to be a minor.

Edited August 7, 2019 by Hank_

[payxibka 10,047]

7 minutes ago, Pelmeni said:

I've looked on the USCIS website. It mentions green card holders for the follow to join but we are still waiting for the interview letter to arrive so he doesn't have that status yet. Is it still possible?

Why are you looking at the USCIS website,  K2 follow to join is a visa and that responsibility is with the consulate.   USCIS does nothing with visas

[Pelmeni 39]

2 minutes ago, payxibka said:

Why are you looking at the USCIS website,  K2 follow to join is a visa and that responsibility is with the consulate.   USCIS does nothing with visas

Okay, yes I was looking at the USCIS site www.uscis.gov/family/family-us-citizens/bringing-children-sons-and-daughters

Thanks for your help. I really appreciate it. This is all very confusing for me. 

[payxibka 10,047]

19 minutes ago, Hank_ said:

That doesn't make sense to mention a green card holder in relation to FOLLOW TO JOIN ...     

 

Do you have a link to the page you were reading?

 

Is it possible to complete the K-2 FOLLOW TO JOIN?     I don't have a for sure answer ..  I would strongly suggest to contact the U.S. embassy in Russia .. hopefully getting a solid answer if the K-2 FOLLOW TO JOIN can be used by an 18 y.o.        I have only found one small reference to the K-2 and it was stating the child having to be a minor.

Besides common knowledge,  I have a for sure answer. 

 

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens

 

Look under children of fiancee. 

 

 

Edited August 7, 2019 by payxibka

[HRQX 4,145]

4 hours ago, Hank_ said:

Minor children identified on the approved I-129F petition may follow to join their petitioned parent. However, such follow-to-join K2 visas can only be issued within one year from the time the parent was issued a K1 visa.

OP's step son should interview for the K-2 follow to join between October and February. OP's husband's K-1 was issued on 2019-02-15: https://www.visajourney.com/timeline/profile.php?id=290664

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens "If your fiancé(e) has a child who is under 21 and unmarried, the child may be eligible to come to the United States on a K-2 nonimmigrant visa."

[payxibka 10,047]

2 minutes ago, HRQX said:

OP's step son should interview for the K-2 follow to join between October and February. OP's husband's K-1 was issued on 2019-02-15: https://www.visajourney.com/timeline/profile.php?id=290664

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens "If your fiancé(e) has a child who is under 21 and unmarried, the child may be eligible to come to the United States on a K-2 nonimmigrant visa."

Correct,  it is one of those rare situations where a k1 will be more advantageous than an IR

[HRQX 4,145]

12 minutes ago, payxibka said:

Correct,  it is one of those rare situations where a k1 will be more advantageous than an IR

Yup. The only caveat I see is he will have to wait until either his EAD/AP card or GC is approved in order to work in the US and travel outside the US.

Edited August 7, 2019 by HRQX

[Ksenia_O 696]

5 hours ago, Hank_ said:

 

The K-2 Follow To Join only applies to minor children, would need to be completed BEFORE he turns 18.  < and with the mother not being agreeable odds of that happening are slim.

 

The statement is incorrect.

 

As long as a K-2 enters the U.S. before he/she turned 21, a K-2 is safe.  Even if a K-2's 21st BD is the next day after arrival.

 

Also, a K-2  does not need to be under the age of 21 when a K-2 gets his/her green card.  This based on the BIA's 2011 decision, which you can read at

 

 http://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3719.pdf.

 

 

[Hank_ 9,174]

28 minutes ago, Ksenia_O said:

The statement is incorrect.

 

As long as a K-2 enters the U.S. before he/she turned 21, a K-2 is safe.  Even if a K-2's 21st BD is the next day after arrival.

 

Also, a K-2  does not need to be under the age of 21 when a K-2 gets his/her green card.  This based on the BIA's 2011 decision, which you can read at

 

 http://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3719.pdf.

 

 

That would be great if that still holds true ..   that is dated 2011.      To me logic would be there is no issue as long as the child is under 21.     I hope that still holds true.

[Pelmeni 39]

38 minutes ago, Ksenia_O said:

The statement is incorrect.

 

As long as a K-2 enters the U.S. before he/she turned 21, a K-2 is safe.  Even if a K-2's 21st BD is the next day after arrival.

 

Also, a K-2  does not need to be under the age of 21 when a K-2 gets his/her green card.  This based on the BIA's 2011 decision, which you can read at

 

 http://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3719.pdf.

 

 

Does the K2 follow need to be filed or completed within a year of his father receiving his K-1?

[HRQX 4,145]

14 minutes ago, Pelmeni said:

Does the K2 follow need to be filed or completed within a year of his father receiving his K-1?

The K-2 Visa must be issued by then.

 

He submits a DS-160 online with $265 fee. Does the medical and also gets the police certificate. Then goes to the interview.

[Neonred 3,647]

My fiancee and her daughter received their K visas from Moscow when her daughter was just shy of her 17th birthday. It was also a K-2 to follow.  No one ever asked for a letter from the father allowing her to leave the country, and in fact they did not have one.

[Ksenia_O 696]

22 minutes ago, HRQX said:

The K-2 Visa must be issued by then.

 

He submits a DS-160 online with $265 fee. Does the medical and also gets the police certificate. Then goes to the interview.

And he would need I-134 as well.

 

[Hank_ 9,174]

40 minutes ago, Pelmeni said:

Does the K2 follow need to be filed or completed within a year of his father receiving his K-1?

Yes    The child's visa must be issued before  the 1 year date of the K-1 visa being issued.    So plan to start months earlier.

 

I just read the link I was provided and it for sure says all is GO to complete the FOLLOW TO JOIN K-2

 

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens

 

If your fiancé(e) has a child who is under 21 and unmarried, the child may be eligible to come to the United States on a K-2 nonimmigrant visa. You must include the names of your fiancé(e)’s children on the Form I-129F if you wish to bring them to the United States. The children must continue to be unmarried and under 21 in order to be admitted to the United States as K-2 nonimmigrants. They may travel with your fiancé(e) or later, but they cannot travel to the U.S. before your fiancé(e).

 

 

 

Yes he would need a new I-134  .. everything the same as with the K-1 .. sam documents, medical, etc.

Edited August 7, 2019 by Hank_