DS-156 question #34

[Omar G. 4]

i have a question regarding filing out the DS-156 for K-2. question 34 asks 'Names and Relationships of persons traveling with you' well we are not sure who will pick up my fiance's daughter (filing FOLLOW TO JOIN), we are thinking me or my fiance. in order for my fiance to pick up her daughter she will need her advance parole and i heard it may take a few months to actually get once we are married. we are planning on marrying in june/july (1 month after arrival) and then continue with the AOS which is when we can file for advance parole for my fiance. we want for her daughter (K-2) to travel sometime in august before the school year starts. should i put my name or my fiance's name? and also we dont have a specific date as to where she is going to travel (also requiered), do we just leave it blank or do i just put AUGUST 2009, since it doesnt allow me to write, only select dates. thank you

[Gary and Alla 3,694]

i have a question regarding filing out the DS-156 for K-2. question 34 asks 'Names and Relationships of persons traveling with you' well we are not sure who will pick up my fiance's daughter (filing FOLLOW TO JOIN), we are thinking me or my fiance. in order for my fiance to pick up her daughter she will need her advance parole and i heard it may take a few months to actually get once we are married. we are planning on marrying in june/july (1 month after arrival) and then continue with the AOS which is when we can file for advance parole for my fiance. we want for her daughter (K-2) to travel sometime in august before the school year starts. should i put my name or my fiance's name? and also we dont have a specific date as to where she is going to travel (also requiered), do we just leave it blank or do i just put AUGUST 2009, since it doesnt allow me to write, only select dates. thank you

If there is no one else going with you at the time of her visa issuance (you do not count) the answer is "none". We had this exact situation and still have one son who will join us this summer. When HE comes the answer will also be "none" as my wife and younger son already have their GC. There is no one else traveling with her by authority of this visa.

It will HAVE to be your fiancee that "picks up" her daughter, at least in practical terms. For the K-2 visa "to follow" your fiancee (wife) must be present at the K-2 interview for her daughter. So your fiancee will have to come to the USA, get married, adjust status and then return for the K-2 interview. The K-2 visa MUST be issued within one year of her visa. You will have to do a new visa application for her daughter, new I-134, etc. If her daughter is over age 16 you also need a police certificate, a medical exam of course. All this will have to be done before the interview.

As for the AP, you can file for that with your AOS, do not be surprised if you get the CGC first. We did. "Advance" Parole, does not mean they issue it faster than the Green Card. It means a parole into the USA which is given in advance of a planned absence from the country. DO NOT confuse "Advance" for "expedited" it is no such thing at all.

What you are proposing, which is certainly possible and do-able, (we are doing it!) is a complicated procedure requiring lots of co-ordination. The planning for which has consumed a good part of the last few weeks for us, and for weeks to come yet, and try as you might it can get fouled up by one party or another not doing precisely what they must, when they must. Depending on others in foreign countries to do anything is a mistake. My wife will travel to Ukraine fully 6 weeks before the interview date to complete all the paperwork, documents, police certificates, etc. since no one can seem to get it done unless one of us leads them by the nose and makes them stand in line where needed...if you get my drift. After obtaining all the documents, then they have to be translated.

Do not make the mistake of thinking you will simply go back and "pick up" her daughter.

In fact your plans of your fiancee coming here in June and her daughter in August are wholey impractical in the real world and probably impossible. I would say if there is some reason her daughter cannot come in June, then have her go to the interview, get her K-2 visa at the same time as your fiancee and then delay your travel and marriage plans until August and have them come together. In our case, which went very fast, it was 3 months after my wife's arrival that we got the green card and then would have been another 6-8 weeks before we could have prepared the documents for our older son to come. We could have compressed that some if we needed to. Realistically though, you are looking at, minimum, 4 months between your fiancee arriving and the earliest her daughter could come. That's if she steps off the plane, is met by the JP at the airport, and you mail the AOS before driving home from the airport. 6 months is probably more realistic.

The K-1, K-2 visa is valid for 6 months after issuance. If they both get their visas in May, for example, thay have until November to enter the USA. It is best not to try and plan anything, travel, weddings...anything, until the visa is in your hand.

[Omar G. 4]

thanks Gary, but what you are saying isnt the case for us. we are applying for both visas at the same time. the interview date is april 14th and they are both going and are following all procedures needed. the interview invitation letter has both names stated and we are doing this as a one time shot. her daughter will be a Follow To Join, but will get the visa with her mother at the same time. she will have 1 year to travel, and not 6 months like her mother (my fiance). in order for me to pick her up we have to do other documents with the Colombian government, both mother and father. what you said is all true but not in our case because we are requesting K1 and K2 visas and have filled out all the documents to give to them both.

[payxibka 10,048]

thanks Gary, but what you are saying isnt the case for us. we are applying for both visas at the same time. the interview date is april 14th and they are both going and are following all procedures needed. the interview invitation letter has both names stated and we are doing this as a one time shot. her daughter will be a Follow To Join, but will get the visa with her mother at the same time. she will have 1 year to travel, and not 6 months like her mother (my fiance). in order for me to pick her up we have to do other documents with the Colombian government, both mother and father. what you said is all true but not in our case because we are requesting K1 and K2 visas and have filled out all the documents to give to them both.

are you sure the visa will be issued at the same time with a 1 year expiry? I do not think so... Follow to Join's purpose is a deferred issuance of the visa for up to one year. It does not seem you are exercising FTJ.

[Gary and Alla 3,694]

thanks Gary, but what you are saying isnt the case for us. we are applying for both visas at the same time. the interview date is april 14th and they are both going and are following all procedures needed. the interview invitation letter has both names stated and we are doing this as a one time shot. her daughter will be a Follow To Join, but will get the visa with her mother at the same time. she will have 1 year to travel, and not 6 months like her mother (my fiance). in order for me to pick her up we have to do other documents with the Colombian government, both mother and father. what you said is all true but not in our case because we are requesting K1 and K2 visas and have filled out all the documents to give to them both.

Omar

Good, OK, I did not understand that from your question and is what I suggested not knowing you were already doing it, but hate to burst your bubble, that K-2 visa is going to expire 6 months from when it is issued. "Following to join" means the K-2 will be issued within one year after the K-1. When issued together, they expire together. Our son is doing a "follow to join" he does not have his visa yet, he will receive it in June and MUST receive it before August 7. But it sound like it could work in your case anyway. Good luck

[Gary and Alla 3,694]

thanks Gary, but what you are saying isnt the case for us. we are applying for both visas at the same time. the interview date is april 14th and they are both going and are following all procedures needed. the interview invitation letter has both names stated and we are doing this as a one time shot. her daughter will be a Follow To Join, but will get the visa with her mother at the same time. she will have 1 year to travel, and not 6 months like her mother (my fiance). in order for me to pick her up we have to do other documents with the Colombian government, both mother and father. what you said is all true but not in our case because we are requesting K1 and K2 visas and have filled out all the documents to give to them both.

Omar

Good, OK, I did not understand that from your question and is what I suggested not knowing you were already doing it, but hate to burst your bubble, that K-2 visa is going to expire 6 months from when it is issued. "Following to join" means the K-2 will be issued within one year after the K-1. When issued together, they expire together. Our son is doing a "follow to join" he does not have his visa yet, he will receive it in June and MUST receive it before August 7. But it sound like it could work in your case anyway. Good luck

And I was a little unclear, guilty. When I said for them to get their visas together I implied they have to travel together, they do not. If they both get their visas together, the daughter can come two months after her mother, with you, with her, whoever. But the visa will expire in 6 months from issuance and the mother will not be able to return without AOS or AP, so make sure she is not needed for the process before she leaves.

[Omar G. 4]

hold on hold on hold on! i thought fileing follow to join they give me both visas at the same time and the k2 visa will expire in one year. that is what i understood from payxibka from past posts. what is going to happen now that in our DS-230 we stated a follow to join, and how should i fill out our DSS-156k which asks 'accompany' or 'follow to join'??? i thought the way we are doing it will give us both visas at the same time because no one will be able to take my fiance's daughter to the capital and do everything. we are doing all the exams and getting all her documents so they will give her the visa with the k1. she will definitly travel within the 6 months but whats going to happen now that our documents dont coinside with each other, some say follow to join and the others no??? are they going to just deny the visa, that will ruin everything....im very stressed now

[Gary and Alla 3,694]

hold on hold on hold on! i thought fileing follow to join they give me both visas at the same time and the k2 visa will expire in one year. that is what i understood from payxibka from past posts. what is going to happen now that in our DS-230 we stated a follow to join, and how should i fill out our DSS-156k which asks 'accompany' or 'follow to join'??? i thought the way we are doing it will give us both visas at the same time because no one will be able to take my fiance's daughter to the capital and do everything. we are doing all the exams and getting all her documents so they will give her the visa with the k1. she will definitly travel within the 6 months but whats going to happen now that our documents dont coinside with each other, some say follow to join and the others no??? are they going to just deny the visa, that will ruin everything....im very stressed now

Omar:

Lets take this from the top. When is your interview? What documents have you sent? Or do you have them? Consulates vary and you need to tell us the rules for your consulate. In Kiev you do not send anything, you bring it with you so anything can be changed up until the moment of the interview or even during it for that matter...you are allowed to change your mind as long as it is within the law.

So if both visas will be issued at the same time, she is not "Following to join". Then it does not matter if she really goes on the same plane, the visa is valid for 6 months, they do not have to travel together as long as the daughter has her OWN passport, it cannot be in her mothers passport or she DOES have to travel with her mother.

So if she has her own passport, you can get both visas at one time and the daughter can come later with her own visa WITHIN six months. I think you posted about this once before, did you not? Refresh my memory please.

If there is a conflict with something you said in a document, I would tell them at the interview during the "pre-screening" they should allow you to change this, it is not a big deal, it is your option. Once the visas are issued you have no option...before, yes.

[payxibka 10,048]

hold on hold on hold on! i thought fileing follow to join they give me both visas at the same time and the k2 visa will expire in one year. that is what i understood from payxibka from past posts.

payxibka would never have said that....

Edited March 26, 2009 by payxibka

[Gary and Alla 3,694]

hold on hold on hold on! i thought fileing follow to join they give me both visas at the same time and the k2 visa will expire in one year. that is what i understood from payxibka from past posts.

payxibka would never have said that....

Indeed you did not. I did go back through the OPs posts on this matter. There was another that did.

Omar, I have read all your posts on this matter. You seem to be trying to co-ordinate a lot of things very closely, including the exact date of medical exam, avoiding religious holidays, and specific travel times, marriage dates, etc. That's fine if you want to do that, but every limit you put on the case makes it that much more difficult to achieve. The USCIS and the consulates are not very flexible and really don't care about your needs, wants and desires. They will tell you not to make any plans before the visa is in hand.

In one of your posts you stated the delay in your step-daughters arrival was due to some court action or order that had to be obtained. My advice was to delay the interview or the visa (you can ask for extensions) until all the ducks were in a row and then receive both visas. You cannot control when a court or other official will do their job. Also, if there is some document needed for your step-daughter, the consulate is not likely to issue her visa at all. That will levae you with a ticking clock on your fiancee's visa and no visa at all for the girl. If your fiancee comes first, without a visa, it will be 4-6 months before she can go back. And the same amount of time before you could get a K-2 issued for your step-daughter. No problem, we are doing the same thing with our older son, but we also weren't trying to compress all the travel plans. We had fully 10 months from the time my wife's visa was issued and the K-2 would be issued. And our son is a "big boy" 18 years old and doesn't need us to feed him (only needs us to PAY for feeding him )

I hope you will be able to achieve what you want

[Omar G. 4]

this is what i understood from a PM from payxibka

Follow to join is available for up to 12 mos. after the K-1... then the visa is valid for 6 mos. So the entry could be delayed up to 18 (12+6) months...

They will issue the visa at the same time IF you apply for the visa... they will issue it later if you apply later (up to the one year)..

Omar says:

by me filling out the DS-230 for both and at the interview the 156K for both isnt that mean that i am applying for her? and they should give it to her at the interview time? would my fiance be able to ask there and explain at the interview or is it best to not and already have these things planned and known?

thanks

response:

well considering that the DS-230 and DS-156 are visa applications... I think you can answer that question... if you apply and the K-1 is approved and as long as any non-custodial parent issues (if any) are solved, then the K-2 should be issued same time.

I take it from the time line you want it issued at the same time... if so, should be no problem

----------------------------

this is why i understood and thought that they would issue both visas together because i am applying for both visas at the same time. i always thought follow to join will just give us some extra time just in case there was any complications. but we should have any complications, well at least i am hoping for none. i can travel to pick up my step daughter, the official documentation we already worked it out and wont be a problem, the only thing we will need is the visas together. my fiance is very nervous about the interview so i need to have all the documentation ready. i dont know what i should put on the DS-156k ---- accompany or follow to join?? on the DS-230 that we sent the embassy to get our interview we put follow to join because she wont be flying together. also if i put accompany, on the DS-156 they ask when will person travel and ask date, it will be a different date and therefore not 'accompanying' so we are just trying to avoid all problems. both have own passports

[payxibka 10,048]

this is what i understood from a PM from payxibka

Follow to join is available for up to 12 mos. after the K-1... then the visa is valid for 6 mos. So the entry could be delayed up to 18 (12+6) months...

They will issue the visa at the same time IF you apply for the visa... they will issue it later if you apply later (up to the one year)..

Omar says:

by me filling out the DS-230 for both and at the interview the 156K for both isnt that mean that i am applying for her? and they should give it to her at the interview time? would my fiance be able to ask there and explain at the interview or is it best to not and already have these things planned and known?

thanks

response:

well considering that the DS-230 and DS-156 are visa applications... I think you can answer that question... if you apply and the K-1 is approved and as long as any non-custodial parent issues (if any) are solved, then the K-2 should be issued same time.

I take it from the time line you want it issued at the same time... if so, should be no problem

----------------------------

this is why i understood and thought that they would issue both visas together because i am applying for both visas at the same time. i always thought follow to join will just give us some extra time just in case there was any complications. but we should have any complications, well at least i am hoping for none. i can travel to pick up my step daughter, the official documentation we already worked it out and wont be a problem, the only thing we will need is the visas together. my fiance is very nervous about the interview so i need to have all the documentation ready. i dont know what i should put on the DS-156k ---- accompany or follow to join?? on the DS-230 that we sent the embassy to get our interview we put follow to join because she wont be flying together. also if i put accompany, on the DS-156 they ask when will person travel and ask date, it will be a different date and therefore not 'accompanying' so we are just trying to avoid all problems. both have own passports

I never said the K-2 would be valid for one year. What I tried to explain is that you could delay the visa application for up to one year (exercising Follow To Join) and then the visa is issued it is valid for yet another 6 months, for a total possible entry delay of up to 18 months (up to 12 months for FTJ and another 6 months of visa validity). However, the moment the visa is issued, then any further possible under FTJ is gone.

Edited March 26, 2009 by payxibka

[Omar G. 4]

this is what i understood from a PM from payxibka

Follow to join is available for up to 12 mos. after the K-1... then the visa is valid for 6 mos. So the entry could be delayed up to 18 (12+6) months...

They will issue the visa at the same time IF you apply for the visa... they will issue it later if you apply later (up to the one year)..

Omar says:

by me filling out the DS-230 for both and at the interview the 156K for both isnt that mean that i am applying for her? and they should give it to her at the interview time? would my fiance be able to ask there and explain at the interview or is it best to not and already have these things planned and known?

thanks

response:

well considering that the DS-230 and DS-156 are visa applications... I think you can answer that question... if you apply and the K-1 is approved and as long as any non-custodial parent issues (if any) are solved, then the K-2 should be issued same time.

I take it from the time line you want it issued at the same time... if so, should be no problem

----------------------------

this is why i understood and thought that they would issue both visas together because i am applying for both visas at the same time. i always thought follow to join will just give us some extra time just in case there was any complications. but we should have any complications, well at least i am hoping for none. i can travel to pick up my step daughter, the official documentation we already worked it out and wont be a problem, the only thing we will need is the visas together. my fiance is very nervous about the interview so i need to have all the documentation ready. i dont know what i should put on the DS-156k ---- accompany or follow to join?? on the DS-230 that we sent the embassy to get our interview we put follow to join because she wont be flying together. also if i put accompany, on the DS-156 they ask when will person travel and ask date, it will be a different date and therefore not 'accompanying' so we are just trying to avoid all problems. both have own passports

I never said the K-2 would be valid for one year. What I tried to explain is that you could delay the visa application for up to one year (exercising Follow To Join) and then the visa is issued it is valid for yet another 6 months, for a total possible entry delay of up to 18 months (up to 12 months for FTJ and another 6 months of visa validity). However, the moment the visa is issued, then any further possible under FTJ is gone.

oohh ok i understand now what you ment, i took it a different way when i read it and now i understand correctly. but if we have already applyed under 'follow to join' on our DS-230 (sent to the embassy as Packet 3 response for interview date) now our interview is April 14 and i need to send the documents tomorrow for my fiance to receive them before she travels to the embassy, because she has to travel more than a week in advance because of holy week. now i need to fill out the DS-156 and DS-156K, on the DS-156K it asks what we are filing as, Accompany or Follow to Join? i assume Accompany but she is not going to accompany the mother? wont they see something wrong with this. on the DS-156, it asks when and with whom person is traveling; i am filling out 2 DS-156, one for K1 and one for K2 (2 copies each) therefore, what do i put on those questions. on the DS-156 for my fiance it asks with whom person is traveling with, stated NONE. now on the K2, what should i put? myself? and for the when question what do i put?

im sorry for so many questions but i have to finish these tonight so i can send them out tomorrow to my fiance in Colombia...

thank you

[payxibka 10,048]

oohh ok i understand now what you ment, i took it a different way when i read it and now i understand correctly. but if we have already applyed under 'follow to join' on our DS-230 (sent to the embassy as Packet 3 response for interview date) now our interview is April 14 and i need to send the documents tomorrow for my fiance to receive them before she travels to the embassy, because she has to travel more than a week in advance because of holy week. now i need to fill out the DS-156 and DS-156K, on the DS-156K it asks what we are filing as, Accompany or Follow to Join? i assume Accompany but she is not going to accompany the mother? wont they see something wrong with this. on the DS-156, it asks when and with whom person is traveling; i am filling out 2 DS-156, one for K1 and one for K2 (2 copies each) therefore, what do i put on those questions. on the DS-156 for my fiance it asks with whom person is traveling with, stated NONE. now on the K2, what should i put? myself? and for the when question what do i put?

im sorry for so many questions but i have to finish these tonight so i can send them out tomorrow to my fiance in Colombia...

thank you

I doubt that section matters much but I think they are asking about other aliens and not a USC.... If you put accompany and the K-2 travels 4 mos. later, I doubt it matters.... If you put Follow to Join, but they travel together, no harm no foul. The only restriction I think I have possibly heard is that the K-1 must travel and enter either first or concurrently with the K-2.

[Gary and Alla 3,694]

this is what i understood from a PM from payxibka

Follow to join is available for up to 12 mos. after the K-1... then the visa is valid for 6 mos. So the entry could be delayed up to 18 (12+6) months...

They will issue the visa at the same time IF you apply for the visa... they will issue it later if you apply later (up to the one year)..

Omar says:

by me filling out the DS-230 for both and at the interview the 156K for both isnt that mean that i am applying for her? and they should give it to her at the interview time? would my fiance be able to ask there and explain at the interview or is it best to not and already have these things planned and known?

thanks

response:

well considering that the DS-230 and DS-156 are visa applications... I think you can answer that question... if you apply and the K-1 is approved and as long as any non-custodial parent issues (if any) are solved, then the K-2 should be issued same time.

I take it from the time line you want it issued at the same time... if so, should be no problem

----------------------------

this is why i understood and thought that they would issue both visas together because i am applying for both visas at the same time. i always thought follow to join will just give us some extra time just in case there was any complications. but we should have any complications, well at least i am hoping for none. i can travel to pick up my step daughter, the official documentation we already worked it out and wont be a problem, the only thing we will need is the visas together. my fiance is very nervous about the interview so i need to have all the documentation ready. i dont know what i should put on the DS-156k ---- accompany or follow to join?? on the DS-230 that we sent the embassy to get our interview we put follow to join because she wont be flying together. also if i put accompany, on the DS-156 they ask when will person travel and ask date, it will be a different date and therefore not 'accompanying' so we are just trying to avoid all problems. both have own passports

I never said the K-2 would be valid for one year. What I tried to explain is that you could delay the visa application for up to one year (exercising Follow To Join) and then the visa is issued it is valid for yet another 6 months, for a total possible entry delay of up to 18 months (up to 12 months for FTJ and another 6 months of visa validity). However, the moment the visa is issued, then any further possible under FTJ is gone.

That's what I read also. I believe there was the common misconception about "visa application" which is what occurs at the consulate, not the I-129f.

In our case we did not "apply" for our older sons visa with my wife's. He will "apply" for that in June, 10 months after my wifes was issued, and it will be valid for 6 months. In our case "extending" his entry by up to 16 months. However, because it is a K-2, pursuant to a K-1, my wife MUST attend the interview and show that she has met the terms of her visa, i.e. got married and filed for AOS and must bring our marriage certificate, AOS approval letter and her green card. This is why I said if your daighter did a "follow a join" it would have to be your fiancee that returned to pick her up. Technically not correct, but your fiancee WOULD have to go to the visa application interview, whether your step daughter came back at that time or not. Your step daughter would have 6 months to enter the USA after issuance of her K-2 visa.

In practical terms, if you do a follow to join, it must be done within 12 months but it is difficult to do it in less than 6 months as your fiancee (then wife) cannot leave to go to the interview until she has her GC or an AP, both take about as long to get.