K-2 Questions - anyone who has moved over with Children??

[TracyOz 0]

Hi All

I am hoping that some folks have gone through the K-1 process with children involved for the K-2 and might be able to answer some questions for me..

Some background information here that might help.

My application was filed listing all 3 of my kiddos..

my eldest son is 18.

He will not actually be moving over with me and my youngest 2 when we leave (after the interview in Sydney) but will be following later in 2008 - as he will be attending (college) here in Australia and even though he will come over to the USA late 08, for several months - at this point he plans to come back to AUS for some of 2009 (again for schooling), and again in 2010...

I am getting all of the required forms/medicals & police/fingerprints done for him at the same time that I am doing all the rest of ours.. (BIG JOB to go through this process when there is more than just "me" involved LOL - if any of you think that you have a stack of $$ costs and paperwork as a single person... you should SEE what it all is about when it is a person & 3 kids LOL).. anyway..

When we go for the interview in Sydney - which we anticipate to be around about March/April of 2008 -

Should he go up there for the interview with us - even though he won't be going over to the USA till later in the year?

and the next questions..

When my darling fiance and I get married in the USA (which will be in probably May) depending on the interview date in Sydney.. and apply for the AOS/EAD/AP for myself and my other 2 kidlets ARE WE able to also apply for all of my eldest son's as well even if he is not actually yet in the USA????

I am hoping that either some of you have gone through this yourselves and can answer my questions, or if there are any legal-eagles on here who actually might know the answers... or should I just wait and ask them at the Sydney consulate when we go for the interview...

I realise that I still have months to go before the interview takes place - but we are in the midst of a thousand things here at the moment (LOL) packing up my house which just recently sold... getting ready for Xmas (and my fiance's visit YAY)... and then I am actually flying back over to the USA in February for several weeks to organise wedding plans etc... while WAITING WAITING WAITING for the Sydney interview date... so at this time I am just trying to make sure I have all documents, all i's dotted, t's crossed... and my folder of information just sitting there ready and complete for the interview stage, so I can fly back in, get my kiddos ready, pack our bags, head to Sydney for the interview and then fly on into the arms of my beloved...

have a GREAT day and thanks in advance for any help.

Tracy

[Dakine 26]

Hi All

I am hoping that some folks have gone through the K-1 process with children involved for the K-2 and might be able to answer some questions for me..

Some background information here that might help.

My application was filed listing all 3 of my kiddos..

my eldest son is 18.

He will not actually be moving over with me and my youngest 2 when we leave (after the interview in Sydney) but will be following later in 2008 - as he will be attending (college) here in Australia and even though he will come over to the USA late 08, for several months - at this point he plans to come back to AUS for some of 2009 (again for schooling), and again in 2010...

I am getting all of the required forms/medicals & police/fingerprints done for him at the same time that I am doing all the rest of ours.. (BIG JOB to go through this process when there is more than just "me" involved LOL - if any of you think that you have a stack of $$ costs and paperwork as a single person... you should SEE what it all is about when it is a person & 3 kids LOL).. anyway..

When we go for the interview in Sydney - which we anticipate to be around about March/April of 2008 -

Should he go up there for the interview with us - even though he won't be going over to the USA till later in the year?

and the next questions..

When my darling fiance and I get married in the USA (which will be in probably May) depending on the interview date in Sydney.. and apply for the AOS/EAD/AP for myself and my other 2 kidlets ARE WE able to also apply for all of my eldest son's as well even if he is not actually yet in the USA????

I am hoping that either some of you have gone through this yourselves and can answer my questions, or if there are any legal-eagles on here who actually might know the answers... or should I just wait and ask them at the Sydney consulate when we go for the interview...

I realise that I still have months to go before the interview takes place - but we are in the midst of a thousand things here at the moment (LOL) packing up my house which just recently sold... getting ready for Xmas (and my fiance's visit YAY)... and then I am actually flying back over to the USA in February for several weeks to organise wedding plans etc... while WAITING WAITING WAITING for the Sydney interview date... so at this time I am just trying to make sure I have all documents, all i's dotted, t's crossed... and my folder of information just sitting there ready and complete for the interview stage, so I can fly back in, get my kiddos ready, pack our bags, head to Sydney for the interview and then fly on into the arms of my beloved...

have a GREAT day and thanks in advance for any help.

Tracy

Should he go up there for the interview with us - even though he won't be going over to the USA till later in the year?

Have them all have their medicals and go to the interview. Put their names and checkd "to follow within a year" in your DS 156K.

It will be a LOT easier in the long run.

You have to work out the logistics yourself.

Can'y apply for AOS for kids unless thay are in the US either. They "may have to attend the interview if you have one.

Edited November 19, 2007 by Haole

[raymaga 25]

My K-2 daughter followed me to the U.S. a year after I arrived. She wanted to finish high school in Canada with her friends. I did not take her with me to my K-1 interview. I told them at my K-1 interview that she was not accompanying me and would follow later when she finished school.

You must obtain the K-2 visa within one year of your K-1 visa. Then, after obtaining the K-2 visa, your child has six months to use the visa (just like for the K-1 visa).

When it was time for me to start the K-2 process, I emailed the Vancouver, Canada consulate and asked them what I needed to do. They told me to fax in Form DS-230, Part I. After I did that, I started collecting my daughter's documents, such as her long form birth certificate, her police certificate and had her medical exam done. I then requested an interview date, and my daughter and I went to the Vancouver consulate. She was only asked one question at the interview..... why had she not accompanied me to the U.S. at the same time. She told them she wanted to finish high school with her friends. And that was it.

As far as your son being able to leave the U.S. and return to Australia to go to school, you should ask at his interview what you need to do in order for that to be possible. You will need to apply for a Re-entry Permit at the very least, but I'm not sure how that will affect his Permanent Residency.

I was actually curious about the same thing because my daughter was possibly going to return to Canada to finish college at one point, but she has now decided to stay in the U.S. to complete college and dental school (at least for the time being).

Good luck with your journey. If you have any other questions, I would be happy to answer them to the best of my ability. You can PM me if you want. But, your best bet is to check with the consulate you will be doing your K-1 interview with.

[TracyOz 0]

Thanks guys... I have been doing further research on this since I posted...

Was looking at the I-485 AOS forms and the instructions for that..

and found this interesting on page one of the instructions...

Who may file this form I-485

blah blah...

B. If the spouse or CHILD is residing abroad, the person adjusting status in the US should file the FORM I-824, application for action on approved application or petition, CONCURRENTLY with the principal's adjustment of status application to allow the derivatives to immigrate to the US without delay, if the principal's adjustment of status is approved.

...

I thought that was really quite interesting, so will definitely bring it up when I go to the Consulate Interview and ask them at the time..

Have a GREAT day

Tracy

[Dakine 26]

Thanks guys... I have been doing further research on this since I posted...

Was looking at the I-485 AOS forms and the instructions for that..

and found this interesting on page one of the instructions...

Who may file this form I-485

blah blah...

B. If the spouse or CHILD is residing abroad, the person adjusting status in the US should file the FORM I-824, application for action on approved application or petition, CONCURRENTLY with the principal's adjustment of status application to allow the derivatives to immigrate to the US without delay, if the principal's adjustment of status is approved.

...

I thought that was really quite interesting, so will definitely bring it up when I go to the Consulate Interview and ask them at the time..

Have a GREAT day

Tracy

Sounds good but I-824s normally take about 6 months.

MUCH easier to take them to the interview and get approval and take it from there!