K1 Visa Process with Children

[muxoman 3]

This may be a hard question to answer but I filed our I129F application in April of 2022. My fiance has 3 children all of which are listed in the application. Our petition was approved May 24th this year and we are now awaiting work word from the NVC on next steps.

 

But my fiance's son is now 20 and turns 21 on October 9th. Does anyone know if we have not yet received their visas before his 21st birthday, will his age affect his visa approval. Hopefully this is a moot point and we have the interview date in time but I thought I might ask as the date is approaching rapidly.

[Boiler 45,525]

Certainly does you may wish to see if you can expedite 

[Mike E 11,739]

3 hours ago, muxoman said:

Does anyone know if we have not yet received their visas before his 21st birthday, will his age affect his visa approval.

Before age 21, he   needs to:

 

* file DS-160

* have his K-2 visa interview

* enter the U.S. on his K-2

 

You and his K-1 parent must also marry in the U.S. before the K-1’s I-94 authorized stay expires.

 

3 hours ago, muxoman said:

Our petition was approved May 24th this year and we are now awaiting work word from the NVC on next steps

You should not have waited 2 months. Contact the embassy.

 

 

 

 

[Ontarkie 14,226]

Ask for an expedite due to aging out.  He needs to enter on the k2 before he turns 21. 

[IWander 589]

14 hours ago, Mike E said:

Before age 21, he   needs to:

 

* file DS-160

* have his K-2 visa interview

* enter the U.S. on his K-2

 

You and his K-1 parent must also marry in the U.S. before the K-1’s I-94 authorized stay expires.

 

You should not have waited 2 months. Contact the embassy.

 

 

 

 

Embassy doesn't yet have the petition 

[SalishSea 17,836]

1 hour ago, IWander said:

Embassy doesn't yet have the petition 

Right, so it is cutting it close for all that needs to happen, and seems unlikely to work out.

[Boiler 45,525]

2 minutes ago, SalishSea said:

Right, so it is cutting it close for all that needs to happen, and seems unlikely to work out.

I would not go that far. But certainly not something to dilly dally about.

[Mike E 11,739]

17 minutes ago, SalishSea said:

Right, so it is cutting it close for all that needs to happen, and seems unlikely to work out.

Nothing will work out if OP is passive versus proactive.

[muxoman 3]

Thanks for all the feedback.

 

A little more information. In the I129F approval letter I received on 05/24, it states that the NVC should complete its processing 2 to 4 weeks after receiving the petition from the USCIS. I had contacted the NVC about 2 weeks ago and they replied, "Your petition is now waiting for data entry into our systems."

 

So, I understand the rationale to expedite, but expedite with the NVC? Or with the embassy once the receive the petition?

 

My research shows that the Costa Rican Embassy can get you an interview date in about 40 days. If that is the case and I can file the DS160 in the next 30 days I think we are ok. 

 

But again not sure if I should try to expedite now with the NVC or once the petition gets to the embassy.

 

Thanks again for the help!

 

 

 

 

[Mike E 11,739]

3 minutes ago, muxoman said:

 

So, I understand the rationale to expedite, but expedite with the NVC? Or with the embassy once the receive the petition?

Both

[muxoman 3]

Thanks all. I will start with the NVC and see if I can expedite.

[Boiler 45,525]

3 hours ago, muxoman said:

Thanks all. I will start with the NVC and see if I can expedite.

I would do as much to push this along as possible, I assume it is a bog issue, and it would not take much for this to age out.

[Chancy 6,241]

3 hours ago, muxoman said:

I will start with the NVC and see if I can expedite.

 

Contact both the NVC and the consulate ASAP.  If the almost-21yo son does not enter the US with a K2 visa, he will not be able to get another family-based visa through you or your fiancee until after around 10 years from now.

 

[muxoman 3]

So, a little update. I did call the NVC to inquire about my options to expedite. Of course, they are not taking calls at this time to dedicate all of their resources to processing our petitions. So I sent an inquiry via their website and received a response that they have received my petition but as it has not yet been input into their system, they have no more information for me at this time.

 

As soon as I receive the welcome letter from them I will try again, unless anyone has any further advice for me.

[Mike E 11,739]

1 hour ago, muxoman said:

anyone has any further advice for me

Hire  a lawyer with experience in this situation. Does not have to be local. You can call into Jim Hacking’s youtube show to get his advice.