Delayed K2?

[mikevse 0]

My wife came to USA on a K1 and we were married in June 2016. Our daughter remained in Phil to continue her education. She was listed on moms 129. Her tourist visa request was denied so it seems like the only way she can visit us in the US is if we applied for the K2. She will turn 21 in Jan 2021. Does this seem like a good idea or do you have a different solution? She will be returning to Phil to continue her studies after visiting us..

[aleful 1,905]

hi

 

 petitioning a child for a green card is not used to visit family, if she doesn't want to live here, then there is no need for a green card, the only way to visit family is a tourist visa. 

 

K2 is obsolete, it was only valid up to 1 year after the K1 was issued. since you married before she was 18, you can file for her and you should do that immediately before she turns 21, or it will take a very long time for her to come, that is, if she wants to live here

 

 

 

 

[payxibka 10,047]

19 minutes ago, mikevse said:

My wife came to USA on a K1 and we were married in June 2016. Our daughter remained in Phil to continue her education. She was listed on moms 129. Her tourist visa request was denied so it seems like the only way she can visit us in the US is if we applied for the K2. She will turn 21 in Jan 2021. Does this seem like a good idea or do you have a different solution? She will be returning to Phil to continue her studies after visiting us..

She is no longer eligible for k2 . 

 

You can petition as her stepfather (I130) as long as the stepchild relationship was created before the age of 18

Edited February 29, 2020 by payxibka

[Unlockable 7,316]

24 minutes ago, mikevse said:

My wife came to USA on a K1 and we were married in June 2016. Our daughter remained in Phil to continue her education. She was listed on moms 129. Her tourist visa request was denied so it seems like the only way she can visit us in the US is if we applied for the K2. She will turn 21 in Jan 2021. Does this seem like a good idea or do you have a different solution? She will be returning to Phil to continue her studies after visiting us..

This is an unfortunate situation because your choices are extremely limited. She is no longer eligible for a K2 (K2 are only available up until 1 year after the K1). You can't file for an immigrant visa for her because she doesn't plan on living in the US. And with her visitor visa denial, the likely hood of her getting a visitor visa is very low. Your only option is to visit her in the Phils or change the plans for her to come and live in the US.

[mikevse 0]

Thanks for the reply. I wasn't aware of the one year rule. So if she decides to live here or at least get a green card what is the correct way to apply?

[geowrian 22,338]

9 minutes ago, mikevse said:

Thanks for the reply. I wasn't aware of the one year rule. So if she decides to live here or at least get a green card what is the correct way to apply?

If you married before she turned 18, you can file an I-130 for her before she turns 21. This will be treated as an immediate relative (IR-2) visa. ETA: ~12-16 months?

If you file after she turns 21, she falls into F1 category. If she marries, she falls into F3 category. These have ~1 and 2 decade waits for PH, respectively (See https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html) right now, and are likely to only get longer over time.

 

If you married when she was 18 or older, you cannot file for her. Your mother can. She would fall into F2A category right now, but she may age out into F2B still.

F2A ETA: ~18-24 months right now. This may change to over 2 years, too.

F2B for PH: ~11 years right now. She would need to remain unmarried.

 

Anyway, the process starts with an I-130.

Edited March 1, 2020 by geowrian

[Hank_ 9,174]

21 hours ago, mikevse said:

My wife came to USA on a K1 and we were married in June 2016. Our daughter remained in Phil to continue her education. She was listed on moms 129. Her tourist visa request was denied so it seems like the only way she can visit us in the US is if we applied for the K2. She will turn 21 in Jan 2021. Does this seem like a good idea or do you have a different solution? She will be returning to Phil to continue her studies after visiting us..

Can't complete the K-2 as has been noted already.

 

You could petition the daughter (I-130) for an immigrant visa.  Once in the USA she would receive her green card.  If she doesn't stay in the USA all that happens is her green card will be considered forfeited, and if she wanted to return again you would have to petition her again (but her age is a fact with all of this, she is approaching 21 .. you can petition her now and she is good to go, if you petition after 21 not so good.)

 

Here is the deal with the green card, she can be outside the USA for 6 months without any issue, you can be outside the USA for up to a year (and for this long I would suggest filing the I-131) and could still return without much issue, after that ... forfeited.

 

Heck of an adventure to just come for a visit and leave.

 

 

 

 

21 hours ago, Unlockable said:

This is an unfortunate situation because your choices are extremely limited. She is no longer eligible for a K2 (K2 are only available up until 1 year after the K1). You can't file for an immigrant visa for her because she doesn't plan on living in the US. And with her visitor visa denial, the likely hood of her getting a visitor visa is very low. Your only option is to visit her in the Phils or change the plans for her to come and live in the US.

 

Well that isn't true, that is not listed anywhere as a requirement.    Nothing states that once you have a green card you can not return to your home country and forfeit the green card.