How to get k2 for stepson after marriage with k1 father

[getmoneymegan 0]

I am the u.s. citizen who married my Dominican fiance within 90 days, we are applying for AOS this week. His son was listed on the original forms when we filed for k1, however we didn't file a k2 at the time (baby momma drama). However, the child's mother has since got the 4 year old a passport and has requested that the child come visit with us in America for a while. Can anyone help me figure out what to do, or where to start with this next step?

[canadian_wife 1,785]

Just a visit? Then why not apply for a tourist visa?

Will the mother travel with the 4 year old to the US for a visit?

Good luck

[Ontarkie 13,904]

You may have some problems. They won't issue a visa for the child if the mother doesn't put it in writing that she gives consent to move permanently. If she thinks it's a visit she's not going to be happy about that permanent part.

[pch1 64]

So form what I understand this is going to be just a normal visit for the child to visit with you and that is OK the mother.

First of all, if the mother and the 4 years old will be traveling together, then all what they need is tourists visa.

If the plan to have the 4 years old traveling all alone, I don't think that is possible without any guardian traveling with him. I believe most if not all airline will not allow children under 5 years old from traveling alone. If someone, a guardian traveling with the child, written consent from the mother allowing the child to travel for visiting is needed.

[Pitaya 2,576]

~Moved from K1 Fiancee Visa Process to Tourist Visa Forum~

~Inquiry about child traveling internationally, not K1-related~

(mod hat off)

As you mentioned in your first posting the child is coming to visit you for awhile. The child, through their legal guardian must obtain a tourist visa. To attempt to use a tourist visa for immigration purposes sounds a lot like immigration fraud. Additionally, to attempt to have the child immigrate here permanently without the expressed written permission of his current legal guardian could be construed as kidnapping.

Good luck.

Edited June 26, 2016 by Pitaya

[jalvarez320 8]

Well in order for him to come under the K2 he has to come within the year your husband POE and you will the have to file adjustment of status for him as well and wait for his green card to arrive before he could travel. If you decide to do that once he has his green card you could ask for a special permission for him to go back to DR and stay for a while. I am in the same situation but i will not be bringing my stepson since it is more expensive to adjust status and he needs to stay with his mom for a longer time. We will later petition for him to come. Hope this helps. As per him just visiting I doubt you could get a tourist visa with a pending K2.