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Kwagga

Travel date too late for K2 - next option?

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Filed: K-1 Visa Country: South Africa
Timeline

I'm now seriously confused after reading the guides, so a bit of guidance from folks that have been through the process would be appreciated.

I received my K1 visa on 29 June '09. On the day I found out that my son that was on the I-129F petition as a follow to join has to travel within one year of my K1 being issued if he wants to travel on a K2, which means he will have to leave SA by the end of June 2010. He will be finishing his final year at school in SA before he joins us, which will be in December 2010.

I was told that my fiance now has to re-petition for him to join us. Is this the I-130? And what kind of visa will he then travel on? I'm seriously confused. :help: My son will still be under 18 when I get married and adjust status.


Our K1 Journey Timeline

06.00.1998 - Met Online

12.22.2008 - I-129F received by VSC

12.22.2008 - NOA1 issued

04.08.2009 - NOA2 in 107 days - Igors List #174

04.14.2009 - NVC sent to Consulate in South Africa

04.29.2009 - Consulate received

05.04.2009 - Packet #3 received

05.08.2009 - Packet #4 received

05.14.2009 - Medical - Passed

06.22.2009 - Interview - APPROVED

06.29.2009 - Visa in hand

08.06.2009 - POE - Boston

08.22.2009 - Returned to South Africa

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Filed: Other Country: United Kingdom
Timeline
I'm now seriously confused after reading the guides, so a bit of guidance from folks that have been through the process would be appreciated.

I received my K1 visa on 29 June '09. On the day I found out that my son that was on the I-129F petition as a follow to join has to travel within one year of my K1 being issued if he wants to travel on a K2, which means he will have to leave SA by the end of June 2010. He will be finishing his final year at school in SA before he joins us, which will be in December 2010.

I was told that my fiance now has to re-petition for him to join us. Is this the I-130? And what kind of visa will he then travel on? I'm seriously confused. :help: My son will still be under 18 when I get married and adjust status.

Yes it would be a I-130 that your husband would need to file if your son can not use the follow to join K2. The visa he would get is a CR2/IR2. Because your son is under 18 and your marriage was before his 18th birthday your husband can file for him.

You woud be best to file the I-130 about this time next year, the visa will be valid for 6 months so if it is approved before he is ready to come to the US then it will not be an issue.

Good Luck

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