confused about k2 visa for stepdaughter

[Moonspell360 1]

My wife came to the US on a k1 visa, its been a year and now we want to bring her daughter, she is 17 now and we just found out she is pregnant , can she still  be eligible to come here ? Please  help thanks.

[Moonspell360 1]

I married my wife on a k-1 visa, my stepdaughter is planning to join us ,she is 18 now, my wife's visa was approved on 12/10/2015, is it too late to apply for a k2 visa? If so, what we can do to bring her here ?  please help me!

[RRR2016 21]

You should be able to apply for your stepdaughter's green card under IR/CR-2 status and the process takes around 1 year. She is under 21, so you are still in time.

[Moonspell360 1]

So, since it's been more than a year since my wife was approved her visa the k2 visa is no longer valid? Sorry for being redundant I just wan to make sure the new petition won't fall under k2  visa petition.

[Georgia16 2,858]

20 minutes ago, Moonspell360 said:

So, since it's been more than a year since my wife was approved her visa the k2 visa is no longer valid? Sorry for being redundant I just wan to make sure the new petition won't fall under k2  visa petition.

Yes K-2 has to be within one year from the mothers K-1 visa was issued. 

 

It will be faster if you apply for her as her step parent as said above about a year. 

[geowrian 22,335]

Is she married? Has it been under or over a year?

 

If no to both, then she can utilize follow-to-join still.

 

If it's over a year but she is not married, you can petition for a CR-2 visa as your stepchild (until she turns 21). ETA: Roughly a year or so.

 

If she is married, then you can petition for her under F3 status. ETA: Roughly 20 years.

Edited May 15, 2017 by geowrian

[Moonspell360 1]

She is not married ,just pregnant but its been over a year since my wife got her visa approved in December 2015, so its still late to apply under k2 category?

Edited May 15, 2017 by Moonspell360

[geowrian 22,335]

47 minutes ago, Moonspell360 said:

She is not married ,just pregnant but its been over a year since my wife got her visa approved in December 2015, so its still late to apply under k2 category?

Yes, it is. There's a 1 year time-span to apply for a K-2 under follow-to-join. You would have to file a CR-2 for her now.

 

However...the issue would be the then-child. Unfortunately, now that I think about that, there's a real dilemma here. I don't think there's any way to get her in the US with her child (plus the father would have to agree to it, obviously). You can get a visa for her in about a year from filing, but you cannot petition for your stepdaughter's child. The options I see are below...you'll have to see what's best.

1. Your stepdaughter lives abroad.
2. Petition for her and she comes to the US in about a year. Then your stepdaughter can petition for her daughter under F2A, which will take about 2 years. However, she must maintain her primary residence within the US...meaning apart from her child. It's an option..albeit not so sure if it's realistic or not.
3. You could do the same as #2 but delay it up until before she turns 21. She would still be separated the same amount of time...but not so soon after birth.
   1. She needs to remain unmarried until she is in the US or else she is no longer eligible to use the visa.
4. If she gets married, you she can go the F3 route and bring her child(ren) at that time. However, this has the ~20 year wait involved...and the children may even age out by the time that comes around.

 

Edit: Optimally, you would want to get her in the US as an LPR before giving birth. However, the timeline for a CR-2 just won't line up. You can try for an expedite, but pregnancy itself is not a cause for doing so. I'm just noting this in case there is another expedite cause:

https://www.uscis.gov/forms/expedite-criteria

Edited May 15, 2017 by geowrian

[Unlockable 7,306]

Since it has been over a year she can't come on a K2. You have to apply for I130 for her which takes about a year. Stepdaughter will likely have child in her country.

 

Reading @geowrian post I think there may be an issue in deed.

[Jojo92122 1,924]

A K-2 is not possible since it has been more than 1 year since the K-1 was issued.

 

Your stepdaughter will be having her baby in Colombia since any path to the US would require more than 9 months.

 

If you file as the USC stepparent, it would be an CR-2 case where it would take a year for her to get an immigration visa.  The problem is that derivative beneficiaries are not allowed.  She would need to immigrate alone, and it would take an additional two years for her to petition her child.

 

If her LPR mom petitions for her, it would be an F2a family preference case where it would take about two years for her to get an immigration visa and her child would be an eligible derivative.  Mother and child would be able to immigrate together.  

[Transborderwife 4,666]

She will not be able to have her baby in the United States 

[geowrian 22,335]

4 minutes ago, Jojo92122 said:

If her LPR mom petitions for her, it would be an F2a family preference case where it would take about two years for her to get an immigration visa and her child would be an eligible derivative.  Mother and child would be able to immigrate together.  

Yeah, this is probably the best option. I actually wasn't sure if F2A minors support derivatives, but you're right....they do:

https://fam.state.gov/fam/09FAM/09FAM050201.html

See FX2 and FX3

[aleful 1,905]

hi

 

as Jojo said, your wife has to file for her, if you file for her, she won't be able to bring the baby, but if her mom files, she will since derivatives are allowed for children of a LPR, not for children or stepchildren of a USC

 

 

[Moonspell360 1]

Thank you all for your help

 

[mrtravel 40]

7 hours ago, aleful said:

hi

 

as Jojo said, your wife has to file for her, if you file for her, she won't be able to bring the baby, but if her mom files, she will since derivatives are allowed for children of a LPR, not for children or stepchildren of a USC

 

Just to clarify, are you saying a US citizen can't sponsor both their child and grandchild, but an permanent resident can?
That sounds wrong.