K-2 (kids) leaving Brazil

[DanMeirian 10]

Please let me know if this is not the correct forum. Looking for advice.  My wife travelled to the United States from Brazil in January of this year on a K1 visa. Her 2 children had received their visas as well with An expiration to travel within 6 months. Obviously because of the coronavirus they did not travel. They had not travelled with my wife initially because of a dispute with their father. So the plan was to have my fiance at the time come here, get married and she would Then go back and bring the children. Since everything was backed up, she received the Authorization to travel in October, so she then travelled back to Brazil with a court case scheduled. Obviously we are past the 6 months that the children needed to travel on their Visa. The consulate in Brazil is only taking emergency cases.  She emailed them with a request for an extension of their current Visa which has expired. She was emailed this morning stating that they are not yet open even though a week ago they requested all of her documents including a copy of the kids visas. Does anyone know of any other Avenue  We can take to get this extension on their current Visa because of coronavirus?  Does it need to be someone we contact in Brazil? Is there somewhere we can call in the United States? Any help here would be greatly appreciated.

Edited November 23, 2020 by DanMeirian

[Crazy Cat 41,893]

Their visas will have to be re-issued (at the discretion of the consulate). That will likely mean another medical exam and fees.   Visas cannot be extended.  The consulate in Brazil has full control of the process. It sounds like you are on the proper course of action.  Good luck.

Edited November 23, 2020 by Lucky Cat

[aaron2020 11,651]

Your wife's K-1 interview was Dec. 10, 2019, and she received her passport with the visa back on Dec. 18.   K-2 visas can only be issued within 1 year of the K-1 being issued.  You have about 3 weeks for the US Embassy to be able to reissue the K-2 visas.  With Thanksgiving, you are looking at two weeks.  The kids would also need medical exams.  That will eat into those two weeks.  

There's a big probability that your stepkids will not be able to get K-2 visas.  You should consider filing I-130s for them to start the immigration process.

Good luck.

 

Edited November 23, 2020 by aaron2020

[DanMeirian 10]

1 hour ago, Lucky Cat said:

Their visas will have to be re-issued (at the discretion of the consulate). That will likely mean another medical exam and fees.   Visas cannot be extended.  The consulate in Brazil has full control of the process. It sounds like you are on the proper course of action.  Good luck.

Thank you.

[DanMeirian 10]

Just now, DanMeirian said:

Thank you.

 

3 minutes ago, aaron2020 said:

Your wife arrived in the US in January 2020.  When was your her K-1 issued?  K-2 visas can only be issued within 1 year of the K-1 being issued.  If it has been more than 1 year, the US Embassy will not reissue K-2 visas and you should file I-130s for her kids to start the immigration process for them.    

Her kids were issued visas when she was, which was December 10, 2019.

[payxibka 10,045]

2 hours ago, DanMeirian said:

 

Her kids were issued visas when she was, which was December 10, 2019.

But they have expired, so that point is moot.  You want to get them reissued and that clock is about to expire on you as well 

[DanMeirian 10]

36 minutes ago, payxibka said:

But they have expired, so that point is moot.  You want to get them reissued and that clock is about to expire on you as well 

So is the only way to get them re-issued through the American consulate in Rio where they were originally issued?

[Crazy Cat 41,893]

1 minute ago, DanMeirian said:

So is the only way to get them re-issued through the American consulate in Rio where they were originally issued?

Correct.....the consulate is the sole authority for issuing and/or re-issuing visas.

Edited November 23, 2020 by Lucky Cat

[JFH 12,190]

Hopefully the dispute with their father has been resolved and she has the full legal permission to remove them permanently from the country. Otherwise you will be back to square one again. 

[DanMeirian 10]

3 hours ago, JFH said:

Hopefully the dispute with their father has been resolved and she has the full legal permission to remove them permanently from the country. Otherwise you will be back to square one again. 

Yes it is, thank you. 

[DanMeirian 10]

4 hours ago, Lucky Cat said:

Correct.....the consulate is the sole authority for issuing and/or re-issuing visas.

They said they need the kids' original Visas along with passports and a valid reason as to why the kids didn't travel within the alloted time. They will schedule an interview if they feel the information submitted is sufficient,  and make a decision.  

[Crazy Cat 41,893]

3 minutes ago, DanMeirian said:

They said they need the kids' original Visas along with passports and a valid reason as to why the kids didn't travel within the alloted time. They will schedule an interview if they feel the information submitted is sufficient,  and make a decision.  

Sounds like they plan to re-issue....good deal.