K2 - Question

[P&G2019 67]

Hello Everyone,

 

I'm hoping to receive some insight on a confusion I have regarding the K2. Quick back story, my now husband's Visa (Fiancé then) was issued at the end of January 2020 and he entered the country on February 12, 2020. His 5 year old son stayed in Colombia with his mother however he wants to be able to have his son visit yearly during school vacation as his son won't primarily live here. My understanding is that his son should enter the country within the year of my husband's visa issuance (K1) which was at the end of January 2020. We are currently in the process of my husband's AOS which is taking longer due to COVID. So I have a few scenarios in my head regarding his son. Do we apply for the Visa as a K2 (he was placed on the 129F application) so he can arrive here prior to January 2021, however if we do that does his son need to stay as well in order to AOS? If he leaves after 2-3 weeks then we need to restart the process?  The idea is for his son to visit for 2-4 weeks. If the one year is up and we don't apply for the K2 visa then do we need to go via the I-131 route? If so, what's that process like for a minor and how long would it take (obviously taking COVID into consideration). I hope what I wrote made sense.   He wants his son to visit December or January however not sure what process we should be taking? Any advice from the experts are greatly appreciated.

 

Thank you!

[payxibka 10,047]

3 minutes ago, P&G2019 said:

Hello Everyone,

 

I'm hoping to receive some insight on a confusion I have regarding the K2. Quick back story, my now husband's Visa (Fiancé then) was issued at the end of January 2020 and he entered the country on February 12, 2020. His 5 year old son stayed in Colombia with his mother however he wants to be able to have his son visit yearly during school vacation as his son won't primarily live here. My understanding is that his son should enter the country within the year of my husband's visa issuance (K1) which was at the end of January 2020. We are currently in the process of my husband's AOS which is taking longer due to COVID. So I have a few scenarios in my head regarding his son. Do we apply for the Visa as a K2 (he was placed on the 129F application) so he can arrive here prior to January 2021, however if we do that does his son need to stay as well in order to AOS? If he leaves after 2-3 weeks then we need to restart the process?  The idea is for his son to visit for 2-4 weeks. If the one year is up and we don't apply for the K2 visa then do we need to go via the I-131 route? If so, what's that process like for a minor and how long would it take (obviously taking COVID into consideration). I hope what I wrote made sense.   He wants his son to visit December or January however not sure what process we should be taking? Any advice from the experts are greatly appreciated.

 

Thank you!

K2 is not a visiting visa but a residency visa.  It will not work very well with your circumstances 

[Crazy Cat 42,215]

Sounds like he wants to use the K-2 as a yearly visitor visa.......it doesn't work like that.  Nor is visiting the US for 2 weeks a year appropriate as a Green card holder.  A B2 would be more appropriate. 

Edited September 1, 2020 by Lucky Cat

[P&G2019 67]

Sorry, I forgot to add that he plans to have his son live here but in a few years, just not right  now as he's very young and with his mother. We want to settle down first before bringing him over however he won't move here until he's older.

 

So at this point, what are our options as most likely we won't utilize the K2 route due to the circumstances?

 

Thank you.

[payxibka 10,047]

3 minutes ago, P&G2019 said:

Sorry, I forgot to add that he plans to have his son live here but in a few years, just not right  now as he's very young and with his mother. We want to settle down first before bringing him over however he won't move here until he's older.

 

So at this point, what are our options as most likely we won't utilize the K2 route due to the circumstances?

 

Thank you.

Visiting visa 

[P&G2019 67]

Okay, thank you for the clarification.