Visa’s for children and family of fiance

[MandiK 0]

Hello,

Apologies in advance if I’ve posted this in the wrong place, but I hope someone can help me answer a few questions as im waiting on Noa2.

 

1. my fiancé has a child who lives with them part time. We were thinking to go ahead and get him a visa at the same time as my fiancé so that he can come stay a few months and attend the wedding but then return back to his home country for school until my fiancé has their work permit. But if we take this approach, would anything be messed up if he leaves the country? Would we be able to have him back on the same visa later and what type of visa is given to children of beneficiaries? 
2. I also wanted to know if anyone has had experience on filing for tourist visas for their fiancés family members for the sole purpose of them attending the wedding? Would like to hear how you went about this and at what time frame did the family members submit their application? We still don’t have a wedding date because everything is so up in the air with visa processing times…

 

hope someone has gone through these circumstances and can provide feedback. Thanks in advance ! 

[Dashinka 24,491]

So the child is planning on applying for a B2 visa?

 

As to relatives applying for a B2 for the purpose of attending the wedding, they can certainly apply, and each on their own needs to satisfy the CO with the DS160 information and interview that they have strong ties to return after their visit.

 

Good Luck!

[IWander 589]

4 hours ago, MandiK said:

Hello,

Apologies in advance if I’ve posted this in the wrong place, but I hope someone can help me answer a few questions as im waiting on Noa2.

 

1. my fiancé has a child who lives with them part time. We were thinking to go ahead and get him a visa at the same time as my fiancé so that he can come stay a few months and attend the wedding but then return back to his home country for school until my fiancé has their work permit. But if we take this approach, would anything be messed up if he leaves the country? Would we be able to have him back on the same visa later and what type of visa is given to children of beneficiaries? 
2. I also wanted to know if anyone has had experience on filing for tourist visas for their fiancés family members for the sole purpose of them attending the wedding? Would like to hear how you went about this and at what time frame did the family members submit their application? We still don’t have a wedding date because everything is so up in the air with visa processing times…

 

hope someone has gone through these circumstances and can provide feedback. Thanks in advance ! 

You cannot file for visas for your fiance's family members, they file for visas for themselves.  Nothing a USC can do to influence the decision including any sort of sponsorship.

[powerpuff 6,697]

*** Topic moved from K1 forum to Tourist Visa forum as that’s what the questions are pertaining to ***
 

6 hours ago, MandiK said:

Would we be able to have him back on the same visa later and what type of visa is given to children of beneficiaries? 

There’s no such visa. Closest would be tourist visa.

[Ontarkie 14,218]

If you are thinking of getting the K2 there are a few issues. 

1. You fiance's son would need a letter from the other parent that gives consent to move the child to the US permanently, or sole custody of the child. Some countries are more strict than others when it comes to what you need. Canada for example, sole custody is not enough and a letter from the other parent or court order is still needed. 

2. If the child leaves the US without advance parole then he cannot come back without you starting the all over again.  The K1 is a 1 time use visa, he cannot come back on it, it cannot be used like a tourist visa. 

3. If waiting until the EAD is approved to have him come later that could be 6-8 months. What is the point of waiting until the work permit comes? Is it again to visit or to move then after finishing school for the year? I've noticed that US schools do not line up with schools of other countries and they most likely still be entering mid year.  This option would be the Follow to join with the K2 again the consent to move the child will be needed. 

 

Tourist visas are not a given even if it is a child. You need to be sure to understand that if he is not coming on the K2 that he may never get a B2 to visit. 

[MandiK 0]

8 hours ago, Dashinka said:

So the child is planning on applying for a B2 visa?

 

As to relatives applying for a B2 for the purpose of attending the wedding, they can certainly apply, and each on their own needs to satisfy the CO with the DS160 information and interview that they have strong ties to return after their visit.

 

Good Luck!

Thank you for responding! 
 

Right. I think my question is more in regards to timing.. at what point would be the best time for family members to apply? I’m afraid if we wait until we receive NOA2 or for the interview, then it won’t give their B2 Visas enough time to process for approval. 
Alternatively , if we submit it now without having his k1 approved, I fear it will not look as legitimate because we don’t even have a date. Just trying to go about this in the correct order to prevent them from being denied or not have enough time…

 

thanks for any insight in advance. 

[MandiK 0]

2 hours ago, Ontarkie said:

If you are thinking of getting the K2 there are a few issues. 

1. You fiance's son would need a letter from the other parent that gives consent to move the child to the US permanently, or sole custody of the child. Some countries are more strict than others when it comes to what you need. Canada for example, sole custody is not enough and a letter from the other parent or court order is still needed. 

2. If the child leaves the US without advance parole then he cannot come back without you starting the all over again.  The K1 is a 1 time use visa, he cannot come back on it, it cannot be used like a tourist visa. 

3. If waiting until the EAD is approved to have him come later that could be 6-8 months. What is the point of waiting until the work permit comes? Is it again to visit or to move then after finishing school for the year? I've noticed that US schools do not line up with schools of other countries and they most likely still be entering mid year.  This option would be the Follow to join with the K2 again the consent to move the child will be needed. 

 

Tourist visas are not a given even if it is a child. You need to be sure to understand that if he is not coming on the K2 that he may never get a B2 to visit. 

This is such good info and helped me rethink some things.. Thank you soooo much! 
 

so if the child is here on a k2 visa, he cannot leave and return later it sounds like… I’m assuming that the child would be under similar rules to not leave the country like the beneficiary? Does that sound right?

 

we wanted to allow my fiancé to have time to establish his new career here and then bring his son over.. only because it will be a big adjustment for the both of them, and my fiancé mentioned wanting to have things a little more secure and in line so his son can came to something stable. But we don’t want to risk him not being able to come at all , so it may be best to just have him move with us full time from the beginning.

 

many thanks for your feedbacks! 

[Pinkrlion 2,716]

You are filing in a country where tourist visas are basically an automatic No. If his family has proof of traveling to other countries and returning. Chances are higher. If his parents are elderly, they have a higher chance of approval. 
 

how old is the son?  Tourist visas are more likely approved for 10 and under than someone who is a teenager. 
 

It is important to obtain as much information for yourself as JA tends to focus on rumors and hearsay about immigration. 

[Pinkrlion 2,716]

Also ignore myths about invitation letters and copies of your tax return. 

[Ontarkie 14,218]

7 hours ago, MandiK said:

This is such good info and helped me rethink some things.. Thank you soooo much! 
 

so if the child is here on a k2 visa, he cannot leave and return later it sounds like… I’m assuming that the child would be under similar rules to not leave the country like the beneficiary? Does that sound right?

 

we wanted to allow my fiancé to have time to establish his new career here and then bring his son over.. only because it will be a big adjustment for the both of them, and my fiancé mentioned wanting to have things a little more secure and in line so his son can came to something stable. But we don’t want to risk him not being able to come at all , so it may be best to just have him move with us full time from the beginning.

 

many thanks for your feedbacks! 

Yes K2 is just like the K1, except when it comes to getting SSN K2's have to wait until they get their EAD even if they are only 8  and won't be working they need the EAD.

 

Follow to join would work to let your fiance get settled first. Basically at the interview your fiance would go without his son and let them know he will follow to join later. This gives you 1 yr from your fiance's visa approval or interview to get the K2. He will do the medical and interview later. Make sure you check the timing of AP, incase your fiance can't go back to finish things up and bring his son to the US.