Extend K2 Visa for Child, Please Help

[weezerlso 1]

Please Help

My husband came on a K1 visa in August we are already married, have processed I-485 and are awaiting adjustment of status

My step-daughter (12 years old) is on a K2 visa but did not accompany my husband as her Birth Mother (who abandoned her at 2 years of age) refused to sign the documents for her to leave Brazil and travel to the U.S. Long story short we are in court awaiting the judge to give this travel permission for her to be able to leave the country. The judge set the trial date for December 22 and her visa expires December 19th.

Can someone please tell me what we can do to extend her visa? Or what our options are at this point?

Our daughter is living with my in-laws and we are all so miserable being apart ( I had been living in Brazil with my husband and her for the last 4 years and its just breaking our hearts).

Please help us with information you may have. They got their visa at the American embassy in Rio de Janeiro, Brasil

[Merrytooth 5,748]

You may want to email the US Consulate directly to ask if they are willingly to extend her visa.

[Georgia16 2,858]

How did she even get the visa then seems odd?

[weezerlso 1]

Thank you, I did already email the consulate directly this morning, but they haven't been good about providing information in the past

reply to Georgia16: The K2 visa is not dependent on the approval of the other parent, why does this seem odd to you? It is not the U.S. that denied her visa, its the rules in Brazil that doesnt allow a minor child to leave the country without BOTH parent's signatures. The K1 or K2 application does not require parents to sign the form.

[Merrytooth 5,748]

If the US consulate is unable to extend the K2 visa.

Then you as the USC step parent has to start over and petition her with I-130 CR2 visa.

[weezerlso 1]

Thank you for the information Merrytoh, very appreciated

[newoption 1]

Hi Weezerlso

Make sure your husband gets all the documents (sole custody) and permissions available from the Judge (court order). In the future, your step daughter will need a passport renewal and I know every country requirements are different, just make sure you don't have to deal with "both parents" signature/approval. I had to deal with something like this in the past and it wasn't easy!

Enjoy the journey, soon you will be together!

Please Help

My husband came on a K1 visa in August we are already married, have processed I-485 and are awaiting adjustment of status

My step-daughter (12 years old) is on a K2 visa but did not accompany my husband as her Birth Mother (who abandoned her at 2 years of age) refused to sign the documents for her to leave Brazil and travel to the U.S. Long story short we are in court awaiting the judge to give this travel permission for her to be able to leave the country. The judge set the trial date for December 22 and her visa expires December 19th.

Can someone please tell me what we can do to extend her visa? Or what our options are at this point?

Our daughter is living with my in-laws and we are all so miserable being apart ( I had been living in Brazil with my husband and her for the last 4 years and its just breaking our hearts).

Please help us with information you may have. They got their visa at the American embassy in Rio de Janeiro, Brasil

[Georgia16 2,858]

reply to Georgia16: The K2 visa is not dependent on the approval of the other parent, why does this seem odd to you? It is not the U.S. that denied her visa, its the rules in Brazil that doesnt allow a minor child to leave the country without BOTH parent's signatures. The K1 or K2 application does not require parents to sign the form.

Because usually the embassy won't give the visa to the child without the permission first! ...

[Pitaya 2,576]

~Rather than confuse things, new post asking separate/different question moved to separate new posting~

PItaya

VJ Moderation

[AnandBrian 0]

Because usually the embassy won't give the visa to the child without the permission first! ...

The Consulate in Rio de Janeiro doesn't ask any kind of permission to issue the vida for a k2. What she needs is a written permission allowing the kid to leave the Country at the airport. Without it the child can't go angst. Been there done ghat.