Hello I hope you can help me with this questions, I am wondering if I can bring my daughter with me after the K1 is approved? My fiancee also petitioned for K2 for my daughter and I am wondering if she can come with us? I have heard from our lawyer that we cant bring her not until after one year of marriage. Some friends told me that they have brought their kids together with them right after the petition was approved. And also our lawyer told us that I need to put my daughters name on my passport? coz she needs to be at the right age to get one, since my daughter is only 3 years old... I am hoping to get some replies on this since I don't know about this and if what my friend told me is true... waiting for you reply and thanks...

CHILLIN

http://travel.state.gov/visa/immigrants/ty...4.html#Children

If your child is granted K-2 visa status, the child can accompany you immediately or can follow-to-join up to one year later. The one restriction is that the K-2 visa holder cannot precede the K-1 visa holder's entry in to the US.

Your child either needs there own passport or be included on yours.

Your lawyer needs to study immigration law a bit more. The K2, should be approved at the same time as the K1 visa. The K2 cannot enter the country before the K1, but should be able to at the same time.

Most who file for fiance with child bring them to the country at the same time.

Lawyer was correct about child's passport.
http://www.visajourney.com/faq/k1k2visa-ap...tion.html#4.4.3

I wonder if you misheard your lawyer - maybe he said you can bring your daughter with you up to one year after the visa is approved.

If your daughter is issued a K-2 visa then you can either bring her with you - I am guessing that as she is only three years old, this is what you would rather do. Alternatively, she can enter the US up to one year after the issuance of your K-1 visa.

I brought my daughter with me and my son exercised his "follow to join" benefits 10 months later.

OR her fiance told her that the lawyer said she had to wait a year, knowing it wasn't true...

That's a bit "below the belt". Why on earth would he do that, when he has sponsored and applied for both of them? I think that comment was uncalled for.

Just felt like stirrin' up trouble.

Hi Chillin,

My husband petitioned me by K1 visa, and he included my son in the petition. When we got approved in I-129F and received packet 3 from US Embassy in Manila. the appointment letter ive got was pertaining to my name for K1 visa & my son name for K2 visa appointment for medical & interview dates.

When we got approved for our visa, we received K1 & K2 visa's in our passport, my son is 5 yrs old, and i did bring him before in NZ when i got worked there. So my son got his own passport, but as i believe in Phils Immigration, because my sister working there. as long as the child is minor, the K2 visa of your kid will be attached to your passport as well with your K1 visa.

K1/K2 visa's are valid for 6 months since they issued it in your passport, it means you could fly to US as soon as you've got the visa's or if you have many things to settled first in Manila, you could stay there no reaching the expiration of the visa's in your passport.

Last info for you ...... Me & my husband NEVER used lawyer since we started petition until now that i am a greencard holder.

Goodluck!
-rebelheart-

K2 is actually one year

K2 is actually one year [/quote]


Thanks for this info fwaguy ..... i said 6 months because I'm from Philippines like Chillin live-in.

Because my son K2 visa dated ----> issued: March 2006 & expired: Sept. 2006 === 6 months

That is interesting ....everything you read everywhere about K-2 is 1 year.... 1 year.... 1 year... but apparently you have actual proof of something to the contrary....

The K-2 visa once issued is no different to the K-1 in that it is valid for 6 months. However if a K-2 has not been issued yet, they have 1 year from the granting of the K-1 visa in order for the K-2 to be issued to the child.

Thanks for that info's aussiewench... really appreciate it.

I just based on my experience and since the case of Chillin... she's asking for info's as she wanted to bring her daughter with her. And since the kid was included in the I-129F, i believe they will process their K1/K2 visa at the same time and possibly same time of approval and same time too they received their visa's. So, I believe if Chillin received 6 months validity visa, same as her daughter.

Godbless!

If you apply for the child to accompany you, then they will issue a K-2 at the same time as the K-1, and it has to be used for entry within 6 months. However, if you wish your child to "follow to join" later (as we did with my son) then a visa can be issued up to one year after the date of the original K-1.

My daughter's visa expired in 6 months - she accompanied me.
My son's visa expired in 2.5 months because his visa wasn't issued until I had been here 9.5 months - the date of expiry was one day before the date of my K-1 issuance.

From the OP I am guessing that she wants the child to accompany her, so she shouldn't have any problems, once her visa is issued.

my son is 3 years old and i already got his own passport last nov.6, 2006..we're also on k1/k2.. and we decided to bring him with me right away..

hope i can find more post regarding k1/k2..coz i dont have that much infos about this part..

thanks

Or someone needs to pay better attention when they talk to the lawyer.

Yodrak

fwaguy,

A K2 visa is valid for 6 months, same as a K1.

Yodrak





CHILLIN,

You seem to be confused about a few things, maybe chillin' a bit too much.

- Your fiancee did not petition for your daughter, she can't and she doesn't need to. Only you need to be petitioned for (with respect to K visas).

- As others have posted, your daughter can apply for a K2 visa at the same time you apply for your K1 visa. (Alternatively, she can apply at some future date as long as the K2 visa can be issued within 1 year of the date that your K2 visa was issued.)

Yodrak

I know... aussie corrected me yesterday... Contrary to popular belief, I am not so thick headed that I need reinforcement...

fwaguy,

Sorry to have piled on - I responded to your post before reading the whole thread.

15-yard penalty, repeat the down.

Yodrak

roughing the poster?

I believe that is a personal foul and should include 15 yards and loss of down......

I have talk to my fiancee and he told me about what the lawyer told him, I misheard what he said, and yes your right that I can bring my daughter with me, K2 visa can be issued within 1 year of the date that your K2 visa was issued. Thanks for the informations I got. My apologies of not understanding or misheard what the lawyer has told my fiancee... Thanks a lot and GOD BLESS US ALL!

thanks for the info GIRONA and your right I misheard what the lawyer told him... I am new into this stuff and needs more info about it. And VJ is helping me a lot thank you all for being helpful

Girona,

I missed this the first time through the thread, but it's very interesting. Contradicts what I've always understood about K2 visas. I have always believed that what you wrote first is true - the K2 visa must be issued within 1 year of the K1 - but not that the K2 would expire within 1 year of the issuance of the K1.

Do you know any more about the 'why' of this, beyond what you've written here?

Yodrak

The K-2 has to be issued within 1 year of the K-1 - that is quite right. My son didn't apply for his visa until 9.5 months after I got my K-1. I am guessing that the visa is usually valid for 90 days, but those 90 days have to be contained within the first year's issuance of the K-1. In our case, the anniversary of the issuance of my K-1 was only 2.5 months away. Therefore, they issued his visa, but it was only valid until the year's anniversary of the issuance of mine. Phew!

I guess if you apply for a K-2, 11 months and 3 weeks after the issuance of the original K-1, the K-2 will only be valid for a week. And.............obviously, if a child applies when they are 20 years old and however many months, the visa will only be valid up to their 21st birthday.

I hope this makes sense. It sounds awfully confusing when I read it back! lol

Girona,

What you wrote makes sense, but doing it that way - the K2 visa expiring 1 year after the K1 being issued - does not make sense. That would mean that in the extreme case the K2 visa could be good for only 1 day.

It does make sense that a K2 visa would not be valid beyond the person's 21st birthday.

Yodrak

[quote name='Yodrak' date='Dec 13 2006, 06:14 PM' post='618490']
Girona,

What you wrote makes sense, but doing it that way - the K2 visa expiring 1 year after the K1 being issued - does not make sense. That would mean that in the extreme case the K2 visa could be good for only 1 day.

Yup, and I know of a case where that has happened.


It does make sense that a K2 visa would not be valid beyond the person's 21st birthday.

I agree, and there are instances where they are issued one day before that birthday, thus making the visa only good for one day, again.

Sometimes, as we all know the USCIS does things that make no sense!
G.

G,

This issue isn't USCIS!

Yodrak