When can fiance return to get kids?

[Gooden 0]

Hello everyone! I'm thinking ahead and have a question or 2 or 3. We turned in our application last week and are patiently awaiting an interview date.

My fiance and I are intending for his kids to come over later after he settles in and hopefully finds employment. I belive for his kids to come over on his visa, it has to be within one year or we have to restart this process for them; am I correct? Isn't there a time period before the beneficiary can leave the US? If so, what is that time period? Will I have to go an bring them over by myself or will he be able go?

Also, at the interview will he need some noterized letter from the kids mother (which was never married to) stating that she is okay with them living in the U.S. (which she is) in order them to get appoved?

He also has a question regarding work. Does anyone know when he would become free to work? Will he also need to renew something continually to continue to work? and can he drive here legally with his Jamaican license?

If anyone has any answers it would be appreciated! Thanks.

[clairern 0]

Hello everyone! I'm thinking ahead and have a question or 2 or 3. We turned in our application last week and are patiently awaiting an interview date.

My fiance and I are intending for his kids to come over later after he settles in and hopefully finds employment. I belive for his kids to come over on his visa, it has to be within one year or we have to restart this process for them; am I correct? Isn't there a time period before the beneficiary can leave the US? If so, what is that time period? Will I have to go an bring them over by myself or will he be able go?

Also, at the interview will he need some noterized letter from the kids mother (which was never married to) stating that she is okay with them living in the U.S. (which she is) in order them to get appoved?

He also has a question regarding work. Does anyone know when he would become free to work? Will he also need to renew something continually to continue to work? and can he drive here legally with his Jamaican license?

If anyone has any answers it would be appreciated! Thanks.

Welcome to VJ and may the rest of your journey be successful.

It is good to get a notorized letter from the children's mom authorising them to move to the US. Is his name on their birth certificate?

About him working here, I think he needs employment authorization and SS# to do so. After you get married and file for adustment of status, you apply for EAD, SS# and advance parole (so he can travel outside the US before his green card is approved) Since you will be married less than 2 years, you will get a conditional green cared which will expire in 2 years. You apply to remove conditions during the 90 day period before the 2-yr GC expires. The GC is work authorized, so that will expire also. When the 10-yr GC is received, it is work authorized.

Hope that helps and maybe someone else will come along and verify or correct me if I am wrong.

Goodluck

Claire

[Eric-Pris 1,607]

This info is what I learned from various sources. I can't guarantee that it's 100% accurate.

Kids... the kids don't come over on his visa, they get their own visas (k-2). Yes, it has to be within 1 year. Once you are ready to bring them back, he'd need to go there (you don't have to) and go to another interview with the kids, and they will receive visas. So he'll have to contact the embassy before he intends to go and schedule an interview. The kids must go to the interview with him. The kids must go through the same process as the beneficiary (forms, documents, medical, vaccinations, etc). NOTE: It can be a pain to get a passport for a child, so you may want to do that sooner rather than later. Both parents have to agree. Then AGAIN when leaving the country, both parents have to agree (usually some kind of official form). Some countries just need a letter from the other parent, others need a form. You'll need to research what regulations exist in Jamaica in regards to this.

I would recommend gathering up the documents (and passport) for the kids before he leaves for the US, so everything is ready to go and he doesn't need to go back and stay there a month preparing everything. You want to go there, get the visas, and come back.

Travelling... The k-1 visa beneficiary can't re-enter the US twice on it, it's a one-time visa. So the best thing to do is to get married in the first week days upon arriving here. Then send out the AOS paperwork (along with EAD and AP). He can't leave the US (if he wants to be let back in) until the AP (Advanced Parole) comes in the mail. It takes about 3-6 months usually, so he stuck in the US until he receives this document. If he leaves the US, they won't let him back in.

Working... Technically, a k-1 beneficiary is authorized to work from day 1 in the US by virtue of the nature of the visa. In reality, most employers don't know this rule and want to see a work authorization document. If you enter through JFK airport, you can get a 90-day work authorization stamp. It seems to be the only place that gives them. Otherwise, you have to wait until you receive the EAD (Employment Authorization Document) in the mail. It comes in about 3-6 months after filing the AOS/EAD/AP, similar to the AP for travelling. Once he has the EAD, he can work continually with no interuptions. NOTE: Some employers may not allow him to continue to work once the 90 day stamp has expired, until he receives the EAD.

Driving... don't know about using foreign license in the US.

[pushbrk 13,612]

Hello everyone! I'm thinking ahead and have a question or 2 or 3. We turned in our application last week and are patiently awaiting an interview date.

My fiance and I are intending for his kids to come over later after he settles in and hopefully finds employment. I belive for his kids to come over on his visa, it has to be within one year or we have to restart this process for them; am I correct? Isn't there a time period before the beneficiary can leave the US? If so, what is that time period? Will I have to go an bring them over by myself or will he be able go?

Also, at the interview will he need some noterized letter from the kids mother (which was never married to) stating that she is okay with them living in the U.S. (which she is) in order them to get appoved?

He also has a question regarding work. Does anyone know when he would become free to work? Will he also need to renew something continually to continue to work? and can he drive here legally with his Jamaican license?

If anyone has any answers it would be appreciated! Thanks.

Welcome to VJ and may the rest of your journey be successful.

It is good to get a notorized letter from the children's mom authorising them to move to the US. Is his name on their birth certificate?

About him working here, I think he needs employment authorization and SS# to do so. After you get married and file for adustment of status, you apply for EAD, SS# and advance parole (so he can travel outside the US before his green card is approved) Since you will be married less than 2 years, you will get a conditional green cared which will expire in 2 years. You apply to remove conditions during the 90 day period before the 2-yr GC expires. The GC is work authorized, so that will expire also. When the 10-yr GC is received, it is work authorized.

Hope that helps and maybe someone else will come along and verify or correct me if I am wrong.

Goodluck

Claire

Pretty good but some things are kind of lumped together that really don't go together based on the questions.

First you marry, then you apply for AOS, EAD and Advanced Parole together. EAD and Advanced Parole will be approved separately but both in about 3 months. Once the EAD card (Employment Authorization Document) is in hand, you can apply for a SSN. Advanced Parole is what allows him to return to the US if he leaves before receiving the green card. Once the green card is in hand (could be around the same time but don't count on it) neither the AP or EAD is valid because the green card takes the place of both.

It is not simply a good idea to get a notarized letter from the other parent. He must have either a court document granting sole custody or a letter of permission and sometimes both.

Yes, they must follow to join within a year but they have their own K2 visas in their own passports. The visas are dirivitive from his but separate just the same.

Caution though. Something is pinging my mind saying there's some kind of problem if the parent adjusts status before the follow to join children arrive. Is that correct?

[Tsup2 0]

I have read that the K2 is valid for one year but my stepson was given a K2 visa by the US Embassy in the Philippines on November 19, 2007 and it expires 08 May 2008. My wife got her green card on March 25th and is now in the Philippines retrieving her son.

PS: Pushbrk: Just wanted to say thanks for all your informative posts. You have helped many.

Edited March 31, 2008 by Tsup2

[Eric-Pris 1,607]

Caution though. Something is pinging my mind saying there's some kind of problem if the parent adjusts status before the follow to join children arrive. Is that correct?

Can you send the AP paperwork without the AOS?

If not, then how would he go back for the kids if he didn't have the AP?

[Eric-Pris 1,607]

I have read that the K2 is valid for one year but my stepson was given a K2 visa by the US Embassy in the Philippines on November 19, 2007 and it expires 08 May 2008.

The k-2 is not valid for 1 year. You can have children follow to join you up to 1 year later on the same petition. But you can't apply for their visa at the same time as the benefeicairy's. The k-1/k-2 visa itself is only valid for 6 months.

As far as I know, you apply for the kid's visa when you are ready to go get them.

Edited March 31, 2008 by kid brooklyn

[motu 6]

About driving - most states allow you to drive for 6 months on a foreign license but after that it's illegal - so it's a good idea to get the state license soon as possible - usually you will need a Green card or EAD to do this. the driver's license will expire when the green card or EAd expires - so make sure to renew it again if and when needed (using your extension evidence - for example after 2 years green card expires). Good Luck

[pushbrk 13,612]

Caution though. Something is pinging my mind saying there's some kind of problem if the parent adjusts status before the follow to join children arrive. Is that correct?

Can you send the AP paperwork without the AOS?

If not, then how would he go back for the kids if he didn't have the AP?

Yes, you can apply for AP without doing AOS but it isn't free when you do it that way.

[Gooden 0]

Caution though. Something is pinging my mind saying there's some kind of problem if the parent adjusts status before the follow to join children arrive. Is that correct?

Can you send the AP paperwork without the AOS?

If not, then how would he go back for the kids if he didn't have the AP?

Yes, you can apply for AP without doing AOS but it isn't free when you do it that way.

Many thanks to all of you, very informative!