Can K2 go to the US after K1 by herself? [merged threads]

[RandyW 149]

1 hour ago, IWander said:

Did you ever file for adjustment of status for the K2 so a greencard can be issued?

We were CHALLENGED on that issue by USCIS. He ultimately decided to return to China rather than face the court proceedings.

 

No the green card is NOT automatic with a K2. The application MUST be filed separately as I have stated.

 

The poster here will need to do the same regardless of whether K1, K2, or F1.

 

The APPLICANT pays for the original I-130 or "fiance" applications. The beneficiaries do not.

 

The poster here is a BENEFICIARY, not an applicant. I believe her misplaced concern is with the COST of the green card. That COST is borne by the American applicant.

[RandyW 149]

My answer to the original poster here is YES YES YES straight across the board. She will NOT need to pay additional money for her daughter's green card regardless of the path she chooses.

Edited December 4, 2023 by RandyW

[IWander 589]

2 minutes ago, RandyW said:

My answer to the original poster here is YES YES YES straight across the board. She will NOT need to pay additional money for her daughter's green card regardless of the path she chooses.

Since a K2 requires an I485 to complete the adjustment of status in order to get a greencard, how is possible not to spend additional money?

[Chancy 6,241]

35 minutes ago, RandyW said:

The APPLICANT pays for the original I-130 or "fiance" applications. The beneficiaries do not.

 

The poster here is a BENEFICIARY, not an applicant. I believe her misplaced concern is with the COST of the green card. That COST is borne by the American applicant.

 

For other readers, please note that I-130 is NOT required for K1/K2 after US entry IF the I-129F couple marry within 90 days of arrival, as they promised to do.  Again, no need to file I-130 if married within 90 days of US entry on K1.

 

After the couple's marriage and issuance of valid marriage certificate, K1 and K2 must file an I-485 package each, to apply for green cards.  It doesn't matter who pays the filing fee.  USCIS doesn't care whether the American or the intending immigrants pay, as long as the fee gets paid.

 

[RandyW 149]

1 hour ago, IWander said:

Since a K2 requires an I485 to complete the adjustment of status in order to get a greencard, how is possible not to spend additional money?

In the OP's case that money was paid up front by the applicant. YOU don't care -I'm thinking SHE does.

 

and can make her own decisions.

[IWander 589]

5 minutes ago, RandyW said:

In the OP's case that money was paid up front by the applicant. YOU don't care -I'm thinking SHE does.

 

and can make her own decisions.

They are not even in the USA yet.  Impossible for anything to have already been paid yet as it relates to the greencards for either.

[RandyW 149]

1 hour ago, IWander said:

They are not even in the USA yet.  Impossible for anything to have already been paid yet as it relates to the greencards for either.

The I-130 petition paid for by the American applicant COVERS the cost of the green card. The beneficiary isn't charged.

 

We are debating basic arithmetic and who pays for what.

 

In my own K2 case - the beneficiary decided he didn't WANT the green card. No one had to pay for anything, although I did cover the court costs of fighting his removal.

[Boiler 45,449]

K does not have an I 130, well in the vast majority of cases.

[Crazy Cat 41,814]

@RandyW, it seems, to me, that you are mixing up terminology and processes. 

 

1.  A petitioner files an I-130 and/or an I-129F.  "Applicant" is not an accurate term.

2.  An I-130 fee does not cover the cost of an Adjustment of Status application (I-485, sometimes called a Green card application)).

 

Immigration terminology is important.

 

It also seems, to me, that your case is irrelevant to the OP's question.

Edited December 4, 2023 by Crazy Cat

[Crazy Cat 41,814]

1 hour ago, RandyW said:

The I-130 petition paid for by the American applicant COVERS the cost of the green card.

This is not accurate...neither for an immigrant visa case nor an Adjustment of Status case.

Edited December 4, 2023 by Crazy Cat

[Ontarkie 14,218]

8 hours ago, RandyW said:

My wife's son did a K2 follow-to-join TWO YEARS after her K1. He entered the US carrying his separate medical package in one hand, and ALL his luggage in the other.

But he never got a green card. It is not a problem.

Your case is not similar to the OP's. K2 must be done within 1 yr of the K1. Your K2's case was messed up being issued after the one year mark and this is why he was in removal. He should not have been issued a K2.. Please stop derailing the OP's thread with your case. 

Edited December 4, 2023 by Ontarkie

[Crazy Cat 41,814]

***One non-contributory comment removed****Please do not spam this thread with irrelevant comments****Continuing to do so could result in administrative action against the VJ account***

-VJ Moderation

Edited December 4, 2023 by Crazy Cat