Applying for K2 alone

[Woodpecker07 52]

Hello! Asking for someone else...

Is it possible to start K2 visa process when the K1 holder is already inside the United States (married or not). Or K2 is ALWAYS attached to a K1 process.

[SalishSea 17,820]

1 hour ago, Woodpecker07 said:

Hello! Asking for someone else...

Is it possible to start K2 visa process when the K1 holder is already inside the United States (married or not). Or K2 is ALWAYS attached to a K1 process.

Yes.  The K2 should have been included on the I-129F petition.  The petitioner would have to initiate the visa process with the consulate (DS-160) within one year.

[payxibka 10,045]

1 hour ago, Woodpecker07 said:

Hello! Asking for someone else...

Is it possible to start K2 visa process when the K1 holder is already inside the United States (married or not). Or K2 is ALWAYS attached to a K1 process.

K2 can follow to join.  The limitation is that k2 visa MUST be issued within one year of when the k1 was issued 

1 minute ago, Jorgedig said:

Yes.  The K2 should have been included on the I-129F petition.  The petitioner would have to initiate the visa process with the consulate (DS-160) within one year.

Not just initiate but issued 

[Woodpecker07 52]

3 minutes ago, Jorgedig said:

Yes.  The K2 should have been included on the I-129F petition.  The petitioner would have to initiate the visa process with the consulate (DS-160) within one year.

Maybe I didn't explain well. I meant: if possible not filing together in the same I-129F as K1, but petitioning the K2 child in a complete new process.

[SalishSea 17,820]

2 minutes ago, Woodpecker07 said:

Maybe I didn't explain well. I meant: if possible not filing together in the same I-129F as K1, but petitioning the K2 child in a complete new process.

No.  It would have to be follow-to-join.

 

Depending on the age of the child at the time of marriage, the USC could petition as stepchild with I-130.  Would take a few years.

 

But if I remember correctly, aren't the immigrant's children all supposed to be listed on the petition, even if no plans to immigrate?  

Edited June 5, 2021 by Jorgedig

[Woodpecker07 52]

2 minutes ago, Jorgedig said:

No.  It would have to be follow-to-join.

 

Depending on the age of the child at the time of marriage, the USC could petition as stepchild with I-130.  Would take a few years.

 

But if I remember correctly, aren't the immigrant's children all supposed to be listed on the petition, even if no plans to immigrate? 

Thanks!!! Yes I guess they have to be listed. I'm asking for someone else that is going to file for K1 but CAN'T/WANT add K2 for now (less than 15 years old girls of previous marriage).

[Ontarkie 14,218]

12 minutes ago, Woodpecker07 said:

Thanks!!! Yes I guess they have to be listed. I'm asking for someone else that is going to file for K1 but CAN'T/WANT add K2 for now (less than 15 years old girls of previous marriage).

They list the kids on the K1 petition even if they are not going to get a K2 right away. The most important part is listing them on the petition, that does not mean they will be getting a K2 at that time. It's just a record of the kids. 

~~Moved to K1 P&P - from Progress Reports~~

[Chancy 6,241]

6 hours ago, Woodpecker07 said:

I'm asking for someone else that is going to file for K1 but CAN'T/WANT add K2 for now

 

The I-129F requires ALL the beneficiary's children to be listed.  Not doing so would be misrepresentation.  Please advise that someone to always be truthful on immigration forms.  Listing a child on the petition form does not require that child to immigrate as well.

 

[Woodpecker07 52]

26 minutes ago, Chancy said:

 

The I-129F requires ALL the beneficiary's children to be listed.  Not doing so would be misrepresentation.  Please advise that someone to always be truthful on immigration forms.  Listing a child on the petition form does not require that child to immigrate as well.

 

Yes, sorry if I'm not being clear... She will list her kids in her form, but she won't file/pay for their K2 visa. They won't immigrate with her: she wants to make K2 process for them after she enters United States, and that's what we were wondering about, if it's possible to start their K2 alone, and...

 

7 hours ago, Jorgedig said:

No.  It would have to be follow-to-join.

 

Depending on the age of the child at the time of marriage, the USC could petition as stepchild with I-130.  Would take a few years.

... I think this is the correct answer.

[Chancy 6,241]

11 minutes ago, Woodpecker07 said:

They won't immigrate with her: she wants to make K2 process for them after she enters United States, and that's what we were wondering about, if it's possible to start their K2 alone

 

Yes, it's possible to apply for K2 after the K1 visa holder has already entered the US, assuming the child was listed in the I-129F petition and the child is below 21 years old.  That's the K2 follow-to-join process.

 

But the family needs to start the K2 visa application process as soon as possible because the K2 visa can only be issued within 1 year of the mother's K1 visa issue date.  After 1 year, the child cannot get a K2 visa anymore.  An I-130 petition must be filed to begin the child's immigrant visa process.

 

[Woodpecker07 52]

Thanks!!! Everything is clear now hahaha. I'm really sorry, I guess I was getting a little confused. 🙏🙏🙏

[Daisy.Chain 317]

Once the k2 visa is issued there is a time frame (6 mos?) to use it. I'm not sure whether the k2 visa holder needs to receive the visa within a year or enter the US within a year. 

 

We did a k1 visa, and my now-husband did not enter the moment he had his visa in hand but instead held off a few months to wrap things up.

[HRQX 4,145]

22 minutes ago, Daisy.Chain said:

I'm not sure whether the k2 visa holder needs to receive the visa within a year or enter the US within a year.

K-2 should be issued within 12* months of the K-1 visa being printed: https://fam.state.gov/fam/09FAM/09FAM050207.html "Time Limit for Child of K-1 Fiancé(e): USCIS and the Department have agreed that the child of a K-1 principal alien may be accorded K-2 status if following to join the principal alien in the United States even after the principal alien has married the U.S. citizen fiancé́(e), and acquired Lawful Permanent Resident (LPR) status. However, the cutoff date for issuance of a K-2 visa is one year from the date of the issuance of the K-1 visa to the principal alien. For the purpose of calculating the one-year period, the date of printing shall be considered the date of issuance. After one year, the U.S. citizen petitioner or the alien, (prior K-1 visa holder), if qualified, must file an immediate relative or second preference petition for the K-1's child. With the exception of paragraph (d) below, no additional exceptions are possible."

 

*for certain applicants that were affected by the Pandemic it's 18 months: "(d) Temporary Extension of Time Limit for Certain K-2 Applicants/Visa holders Child During COVID-19 Pandemic from 12 Months to 18 Months"