Child K2 visa to expire, will apply for I-130

[weezerlso 1]

Hello

I wanted to know if anyone else has had to go through this process and what the outcome was.

I am a U.S. citizen and my husband came as a K1 Fiance visa and is now in AOS I-485 for his permanent residency (since September 1st, has already received EAD and travel permit)

We had gotten a k2 visa for my step-daughter but unfortunately due to Brazilian laws and issues with the birth mother she was not allowed to leave Brazil and her K2 visa expired.

We have now gotten all the proper judicial paperwork for her to leave the country (this has nothing to do with immigration, but Brazilian law)

My questions is, I will be applying for her the I-130. My fear is that immigration may not be too kind since they had already given her the I-129 and she did not use it.........anyone had this experience and got the I-130 accepted? Is it faster since she is already in the system? Will she have to go through everything again? (she had already had the appointment, gotten pictures, fingerprints, medical in June)

Is there any faster options to get her here? She is hurting, living with my mother-in-law and missing us badly.

[Georgia16 2,858]

Have you tried to contact the embassy to see if they will re-issue the K-2 visa?

[Mollie09 1,543]

Have you tried to contact the embassy to see if they will re-issue the K-2 visa?

Would that work if the father already remarried?

[Georgia16 2,858]

Would that work if the father already remarried?

Yes K-2 can join until a year after marriage.

[weezerlso 1]

No, we cannot get her K2 re-issued. This information I already know.

Please I just want to know if someone has the experience of first applying for the I-129F and then for the I-130

[Georgia16 2,858]

No, we cannot get her K2 re-issued. This information I already know.

Please I just want to know if someone has the experience of first applying for the I-129F and then for the I-130

You won't have any problems with this but the child might have to redo the medical depending on the time. Should take about a year to get the I-130 for the child.

Why not file for a new K-2 follow to join? Would be quicker.

Edited November 29, 2016 by Georgia16

[weezerlso 1]

When you apply for a K2 you have two optons 1. K2 travel with parent 2. K2 follow to join. We chose option 1, therefore we CANNOT do option 2. This has been made very clear by Immigration.

It breaks my heart that she must stay another year without her parents

[jstu 0]

What judicial paperwork needs to be done for the K2 child? We're also applying for the K2 visa