Now for AOS but K2 still in the Philippines.

[asianculture 14]

Hello,

I am now going to AOS in 2 weeks after , kindly give me an idea about my question.

My K2 is still in the Philippines, she has not been interviewed nor had her medical exam, and as per the consul I have 1 year to get her. When does one year start? Is it on the day of the application or when I was approved by the consul ? Also is it ok to adjust right away without my K2? Thank you for those who will give an input and it is greatly appreciated.

Regards,

Asianculture

[Zedayn 485]

Your K2 must follow to join within 1 year of the date of issuance of your K1 visa. It is also ok to adjust status, because your K2 can still travel on the K2 visa. From: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#16

Are My Children Required to Travel with Me?

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa.

[asianculture 14]

Thanks Zedalyn! Glad for your very informative reply!

[Hank_ 9,171]

Hello,

I am now going to AOS in 2 weeks after , kindly give me an idea about my question.

My K2 is still in the Philippines, she has not been interviewed nor had her medical exam, and as per the consul I have 1 year to get her. When does one year start? Is it on the day of the application or when I was approved by the consul ? Also is it ok to adjust right away without my K2? Thank you for those who will give an input and it is greatly appreciated.

Regards,

Asianculture

Absolutely no issue with you adjusting status.

The one year clock starts the second your visa was issued (not received in hand), the date should be on your visa. You must start the process early enough so their visa is issued before the anniversary of your issuance.

Minor children who are identified and listed in the approved I-129F petition may follow-to-join their petitioned

parent. However, such follow-to-join K2 visas can only be issued within one year from the time the parent

was issued the K1 visa. After one (1) year, they will no longer be able to derive immigration benefits from the

I-129F petition and you or your spouse will have to file an immediate relative or second preference petition for

them to qualify again for immigration benefits.

http://photos.state.gov/libraries/manila/325288/packets/K1%20and%20K2%20Interview%20Preparation%20Instructions%20-%20English%20_updated%2004%20Feb%202014_.pdf

Edited August 22, 2014 by Hank_

[asianculture 14]

Thanks Hank!

[Greenbaum 12,258]

Hello,

I am now going to AOS in 2 weeks after , kindly give me an idea about my question.

My K2 is still in the Philippines, she has not been interviewed nor had her medical exam, and as per the consul I have 1 year to get her. When does one year start? Is it on the day of the application or when I was approved by the consul ? Also is it ok to adjust right away without my K2? Thank you for those who will give an input and it is greatly appreciated.

Regards,

Asianculture

Do not waste time. Start or continue to keep the process moving. As you know you don't ever know the requirements and request for additional documents that a government agency will ask from you.

Good luck