Bringing a K1 Visa fiance child to the US

[Roy an Panitta 29]

Hello 

  i hope this is the right place to post this question / questions. if not please feel free to move the thread.

 

 Our situation:

      I'm the petitioner for my fiancé who is currently living in Thailand, im in South Florida.  We have filled our K1 an received our NOA1 in May of 2022 so we are currently in line like everybody else. 

   My fiancé has 3 kids one 17 who will be staying in Thailand because next year she will be attending collage one who is 11 who will be leaving with her mom (My Fiance) when the K1 interview process is over and she an her mom are allowed to enter the U.S. Also one who is 9 who will be staying with his grandfather for about a year after my fiance an step daughter leave Thailand an have gotten settled here in the US. 

  All 3 kids are listed on the I129F in the appropriate place on the application.  What im wondering about is when our I129F / K1 finally gets to that interview stage. It`s my understanding that the child will have to do a D160 along with her mom, get medical records, immunization records, police back ground check like her mom an then attend the interview with her mom. is that all or am i missing something? 

     For her son who is 9 who is going to stay with his grandfather for about a year will he need the same as his sister when we get ready to send for him.? or will he need completely different stuff?

     I read somewhere that we might be able to get his grandfather an my fiance`s son here on a B2 visa an then maybe file for a change of status for my stepson.. which doesn't make any sence to me. But then again i think im in a state of confusion most of the time trying to figure all this stuff out.

 

[Ontarkie 14,218]

~~Moved to K1 P&P, from Bringing Family of USC - as the OP has started the K1 Process~~

 

 

 

[milimelo 4,477]

1 hour ago, Roy an Panitta said:

Hello 

  i hope this is the right place to post this question / questions. if not please feel free to move the thread.

 

 Our situation:

      I'm the petitioner for my fiancé who is currently living in Thailand, im in South Florida.  We have filled our K1 an received our NOA1 in May of 2022 so we are currently in line like everybody else. 

   My fiancé has 3 kids one 17 who will be staying in Thailand because next year she will be attending collage one who is 11 who will be leaving with her mom (My Fiance) when the K1 interview process is over and she an her mom are allowed to enter the U.S. Also one who is 9 who will be staying with his grandfather for about a year after my fiance an step daughter leave Thailand an have gotten settled here in the US. 

  All 3 kids are listed on the I129F in the appropriate place on the application.  What im wondering about is when our I129F / K1 finally gets to that interview stage. It`s my understanding that the child will have to do a D160 along with her mom, get medical records, immunization records, police back ground check like her mom an then attend the interview with her mom. is that all or am i missing something? 

    1. For her son who is 9 who is going to stay with his grandfather for about a year will he need the same as his sister when we get ready to send for him.? or will he need completely different stuff?

    2.  I read somewhere that we might be able to get his grandfather an my fiance`s son here on a B2 visa an then maybe file for a change of status for my stepson.. which doesn't make any sence to me. But then again i think im in a state of confusion most of the time trying to figure all this stuff out.

 

1. Same as his sister coming with mother. Just bear in mind the one year rule - if you go past that you'll need to petition him as his stepfather or mother under F2A. 

2. DO NOT DO THIS - immigration fraud. 

 

And three even though you may not be thinking ahead - consider getting the 17 year old under K-1 visa, doing the AOS and getting her AP to go back and study. She'll thank you later. Or, if really not coming, try to get married before the eldest turns 18 so you as the stepfather can petition her before she turns 21. 

[Ontarkie 14,218]

My two cents regarding the kids who want to stay behind. Have them come with the K2 get AOS filed asap along with EAD and AP. Once you get that started you get the Re-entry permit for the oldest as she will be over 18 by the time you marry and it will take years if she wants to come later. Re-entry permit is two years at a time but can also be renewed. As for the one who wants to stay with the grandfather you have 1 year to do follow to join. Now I don't know your reasons to leave him with the grandfather but if anything happens nothing will be fast enough to get him back to mom. Even follow to join can take months to get it started. Reentry will get him back asap if needed. 

 

Another alternative for the 9 yr old is get the visa with mom and sibling but don't use his right away. Most of the time the Visa is valid 6 month from when the medical is done. SO he can stay with the grandfather for almost 6 more months. Enter the US get AOS started for him and then if he still wants to return for another 6 months he can. 

 

Also  doing the kids AOS with mom's AOS the younger kids (can't remember about the older one) will be a little less expensive to do it at the same time. The cost goes up with separate.

Edited October 6, 2022 by Ontarkie

[Roy an Panitta 29]

3 hours ago, milimelo said:

1. Same as his sister coming with mother. Just bear in mind the one year rule - if you go past that you'll need to petition him as his stepfather or mother under F2A. 

2. DO NOT DO THIS - immigration fraud. 

 

And three even though you may not be thinking ahead - consider getting the 17 year old under K-1 visa, doing the AOS and getting her AP to go back and study. She'll thank you later. Or, if really not coming, try to get married before the eldest turns 18 so you as the stepfather can petition her before she turns 21. 

not sure about the #2.. so is the F2A considered the fraud or my letting the 1 year statuette go by after listing them on th I129F the fraud. 

    Is the 1 year rule from point of the k1 approval till he leaves the country or is it a 1 year for us to file for him to leave or i dont have to file anything but just send him a ticket to exit the country.. ??   

   the eldest is turning 18 at the end of this month and we won't be getting married until late next year based on the current time-line. so we'll have to think about this one. an maybe bring her here an then do the AOS an then let her return.. if we do that how long will she have to stay in the US before she can leave..??

[Roy an Panitta 29]

3 hours ago, Ontarkie said:

My two cents regarding the kids who want to stay behind. Have them come with the K2 get AOS filed asap along with EAD and AP. Once you get that started you get the Re-entry permit for the oldest as she will be over 18 by the time you marry and it will take years if she wants to come later. Re-entry permit is two years at a time but can also be renewed. As for the one who wants to stay with the grandfather you have 1 year to do follow to join. Now I don't know your reasons to leave him with the grandfather but if anything happens nothing will be fast enough to get him back to mom. Even follow to join can take months to get it started. Reentry will get him back asap if needed. 

 

Another alternative for the 9 yr old is get the visa with mom and sibling but don't use his right away. Most of the time the Visa is valid 6 month from when the medical is done. SO he can stay with the grandfather for almost 6 more months. Enter the US get AOS started for him and then if he still wants to return for another 6 months he can. 

 

Also  doing the kids AOS with mom's AOS the younger kids (can't remember about the older one) will be a little less expensive to do it at the same time. The cost goes up with separate.

Ok now im really confused.... please help.... AOS? EAD? AP? i thought i knew what AOS is but now not sure.

    so how would i do what you said about the reentry an other stuff.. will all 3 of them have to attend the interview with the mom an then leave at the same time for the U.S. an once i file all that other stuff how soon before they could return.???

   the son wonts to stay with the grandfather for a bit before leaving to keep him company as he lives with him currently.. my fiance does have a family support system just in case something does happen to his grandfather as the extended family all live in the same town with them.. but we plan on getting him out within the year on the K1...

  so is it best that all 3 kids go to the interview with my fiance so they at least get on the K1 docket an then we have a year to get them a ticket to exit for the U.S....?

     

[Ontarkie 14,218]

2 hours ago, Roy an Panitta said:

Ok now im really confused.... please help.... AOS? EAD? AP? i thought i knew what AOS is but now not sure.

    so how would i do what you said about the reentry an other stuff.. will all 3 of them have to attend the interview with the mom an then leave at the same time for the U.S. an once i file all that other stuff how soon before they could return.???

   the son wonts to stay with the grandfather for a bit before leaving to keep him company as he lives with him currently.. my fiance does have a family support system just in case something does happen to his grandfather as the extended family all live in the same town with them.. but we plan on getting him out within the year on the K1...

  so is it best that all 3 kids go to the interview with my fiance so they at least get on the K1 docket an then we have a year to get them a ticket to exit for the U.S....?

     

Sorry, once your fiancé and kids arrive in the US and after you get married you start the Adjustment of Status (AOS). When doing that you apply for Advance Parole (AP) and EAD (Employment Authorization) even for the kids as it helps to get them a SSN faster. It does take quite some time to get the AP and EAD but it's good to do it as they are free with the AOS. 

Once you get your receipt for AOS for the 17yr old you can take that to get a Re-entry permit for school along with an AP (they should expedite that for school it has worked before. I hope that has not changed). 

 

All three kids and mom go to the interview. They all do the medical and everything else that is needed. I know it is a good chunk of change for 4 and a pain in the butt. ( I did it also with 4 kids so I can relate to the the cost).  If the 9 yr old wants to wait out until roughly 6 months I would take this route. 

 

Now if you want to do the follow to join for the kids who stay behind, that gives them 1 yr to get their interview. This is from the date mom gets her visa or it may be from her interview date. You will have to check with others for this. Then they would do the medical and interview later not when mom does hers.

 

[Ontarkie 14,218]

8 hours ago, Roy an Panitta said:

Hello 

  i hope this is the right place to post this question / questions. if not please feel free to move the thread.

 

 Our situation:

      I'm the petitioner for my fiancé who is currently living in Thailand, im in South Florida.  We have filled our K1 an received our NOA1 in May of 2022 so we are currently in line like everybody else. 

   My fiancé has 3 kids one 17 who will be staying in Thailand because next year she will be attending collage one who is 11 who will be leaving with her mom (My Fiance) when the K1 interview process is over and she an her mom are allowed to enter the U.S. Also one who is 9 who will be staying with his grandfather for about a year after my fiance an step daughter leave Thailand an have gotten settled here in the US. 

  All 3 kids are listed on the I129F in the appropriate place on the application.  What im wondering about is when our I129F / K1 finally gets to that interview stage. It`s my understanding that the child will have to do a D160 along with her mom, get medical records, immunization records, police back ground check like her mom an then attend the interview with her mom. is that all or am i missing something? 

     For her son who is 9 who is going to stay with his grandfather for about a year will he need the same as his sister when we get ready to send for him.? or will he need completely different stuff?

     I read somewhere that we might be able to get his grandfather an my fiance`s son here on a B2 visa an then maybe file for a change of status for my stepson.. which doesn't make any sence to me. But then again i think im in a state of confusion most of the time trying to figure all this stuff out.

 

The fraud Milimelo mention is this last line in your post. You cannot have them enter the country with intent to adjust status that is fraud.  Plus your fiancé will not be able to petition her father for a long time, she will need to be a USC.