K-2 Visa

[mark89134 0]

I have recently married and filed the AOS for my wife. We have since decided to try to bring her son here, but had not initially petitioned him on the 129-F. He will be 21 in a little over a year from now. I'm wondering and researching of what steps to take upon a K-2 Visa for him, and of it is not too late. Any ideas or advice would be greatly appreciated. Thank You Much.

[payxibka 10,044]

I have recently married and filed the AOS for my wife. We have since decided to try to bring her son here, but had not initially petitioned him on the 129-F. He will be 21 in a little over a year from now. I'm wondering and researching of what steps to take upon a K-2 Visa for him, and of it is not too late. Any ideas or advice would be greatly appreciated. Thank You Much.

Why was he not on the petition?

Since he was not on the petition the consulate may have "heartburn" that you now want to magically add him

K-2 must be issued no later than 1 year from the K-1 issue date

You start with the consulate... contact them for procedure

Edited September 3, 2009 by payxibka

[JimVaPhuong 4,863]

I have recently married and filed the AOS for my wife. We have since decided to try to bring her son here, but had not initially petitioned him on the 129-F. He will be 21 in a little over a year from now. I'm wondering and researching of what steps to take upon a K-2 Visa for him, and of it is not too late. Any ideas or advice would be greatly appreciated. Thank You Much.

I don't think you can file a K2 for your step-son now. The K2 is a derivative of the K1, and your wife's K1 petition and visa application are dead and buried. That application and process were finished when your wife (then fiancee) entered the US with her K1 visa. You would have had to list her son on the I-129F for your wife to be eligible to file for a K2, and she would have needed to list him on the DS-230 as "follow to join". You could have done these things and subsequently decided NOT to file for a K2, but I don't think you can NOT do these things and subsequently decided you DO want to file for a K2. I think you've burned that bridge already.

As payxibka said, you can try contacting the embassy in Guangzhou, but I'd be surprised if they accepted a K2 application for her son now.

Your wife may have to file for an F2A visa, which is currently taking about 4 1/2 years. She should do this soon in order to lock in his age before he turns 21. Otherwise, it will become an F2B, which is taking about 8 years. He needs to remain unmarried while waiting for a visa.

[Dakine 26]

I have recently married and filed the AOS for my wife. We have since decided to try to bring her son here, but had not initially petitioned him on the 129-F. He will be 21 in a little over a year from now. I'm wondering and researching of what steps to take upon a K-2 Visa for him, and of it is not too late. Any ideas or advice would be greatly appreciated. Thank You Much.

I don't think you can file a K2 for your step-son now. The K2 is a derivative of the K1, and your wife's K1 petition and visa application are dead and buried. That application and process were finished when your wife (then fiancee) entered the US with her K1 visa. You would have had to list her son on the I-129F for your wife to be eligible to file for a K2, and she would have needed to list him on the DS-230 as "follow to join". You could have done these things and subsequently decided NOT to file for a K2, but I don't think you can NOT do these things and subsequently decided you DO want to file for a K2. I think you've burned that bridge already.

As payxibka said, you can try contacting the embassy in Guangzhou, but I'd be surprised if they accepted a K2 application for her son now.

Your wife may have to file for an F2A visa, which is currently taking about 4 1/2 years. She should do this soon in order to lock in his age before he turns 21. Otherwise, it will become an F2B, which is taking about 8 years. He needs to remain unmarried while waiting for a visa.

K1s don't normally file a DS 230. Follow to join is on the DS 156K. If it's less than one year since moms got her visa she/he "may" be able to fill out the necessary DS visa applications . He doesn't have to have been listed on the original I-129F.

As Pax mentioned it's best to check with their embassy for requirements.

Edited September 3, 2009 by Haole

[baron555 934]

I have recently married and filed the AOS for my wife. We have since decided to try to bring her son here, but had not initially petitioned him on the 129-F. He will be 21 in a little over a year from now. I'm wondering and researching of what steps to take upon a K-2 Visa for him, and of it is not too late. Any ideas or advice would be greatly appreciated. Thank You Much.

I don't think you can file a K2 for your step-son now. The K2 is a derivative of the K1, and your wife's K1 petition and visa application are dead and buried. That application and process were finished when your wife (then fiancee) entered the US with her K1 visa. You would have had to list her son on the I-129F for your wife to be eligible to file for a K2, and she would have needed to list him on the DS-230 as "follow to join". You could have done these things and subsequently decided NOT to file for a K2, but I don't think you can NOT do these things and subsequently decided you DO want to file for a K2. I think you've burned that bridge already.

As payxibka said, you can try contacting the embassy in Guangzhou, but I'd be surprised if they accepted a K2 application for her son now.

Your wife may have to file for an F2A visa, which is currently taking about 4 1/2 years. She should do this soon in order to lock in his age before he turns 21. Otherwise, it will become an F2B, which is taking about 8 years. He needs to remain unmarried while waiting for a visa.

K1s don't normally file a DS 230. Follow to join is on the DS 156K. If it's less than one year since moms got her visa she/he "may" be able to fill out the necessary DS visa applications . He doesn't have to have been listed on the original I-129F.

As Pax mentioned it's best to check with their embassy for requirements.

And I think that once he's 21, you can't petition him as a child. He'd have to immigrate on his own merits. You may not be able to do what you propose.

[Gary and Alla 3,694]

I have recently married and filed the AOS for my wife. We have since decided to try to bring her son here, but had not initially petitioned him on the 129-F. He will be 21 in a little over a year from now. I'm wondering and researching of what steps to take upon a K-2 Visa for him, and of it is not too late. Any ideas or advice would be greatly appreciated. Thank You Much.

I don't think you can file a K2 for your step-son now. The K2 is a derivative of the K1, and your wife's K1 petition and visa application are dead and buried. That application and process were finished when your wife (then fiancee) entered the US with her K1 visa. You would have had to list her son on the I-129F for your wife to be eligible to file for a K2, and she would have needed to list him on the DS-230 as "follow to join". You could have done these things and subsequently decided NOT to file for a K2, but I don't think you can NOT do these things and subsequently decided you DO want to file for a K2. I think you've burned that bridge already.

As payxibka said, you can try contacting the embassy in Guangzhou, but I'd be surprised if they accepted a K2 application for her son now.

Your wife may have to file for an F2A visa, which is currently taking about 4 1/2 years. She should do this soon in order to lock in his age before he turns 21. Otherwise, it will become an F2B, which is taking about 8 years. He needs to remain unmarried while waiting for a visa.

K1s don't normally file a DS 230. Follow to join is on the DS 156K. If it's less than one year since moms got her visa she/he "may" be able to fill out the necessary DS visa applications . He doesn't have to have been listed on the original I-129F.

As Pax mentioned it's best to check with their embassy for requirements.

Not correct. K-2s do not use the DS156K, that is for fiancees only.

And YES it is required their name be listed on the I-129f petition where it asks you to list ALL children. Are you saying you did not list his name in the place where it asks to list ALL children? If you listed his name (check your copy of the I-129f) then you are good to go provided it has been less than one year since her K-1 was issued. If he was NOT listed on the I-129f then you need to contact the embassy. I know of one case here recently where a man forgot to list one of four children and it was a matter of considerable debate whether the fourth child could be added. He called the consulate and they allowed him to add the fourth child at the time of the interview. Coming back after the fact could be more difficult and China could be more difficult than Mexico (where they other case was)

[JimVaPhuong 4,863]

K1s don't normally file a DS 230. Follow to join is on the DS 156K. If it's less than one year since moms got her visa she/he "may" be able to fill out the necessary DS visa applications . He doesn't have to have been listed on the original I-129F.

As Pax mentioned it's best to check with their embassy for requirements.

Packet 3 for Guangzhou contains the DS-230, part 1. The instructions specifically state that they won't schedule an interview until they receive the DS-230 part 1 completed. Line 31a is where you list derivatives who will travel with you, and line 31b is where you list follow to join.

I forgot about those tick boxes on the DS-156K!

Most consulates are pretty ####### about requiring derivatives to be listed on the I-129F. For one thing, the form says to list ALL children (as does the DS-230), but I think the main reason I think is that the consulate wants to know that the petitioner is aware of every child who qualifies as a derivative.

[Dakine 26]

K1s don't normally file a DS 230. Follow to join is on the DS 156K. If it's less than one year since moms got her visa she/he "may" be able to fill out the necessary DS visa applications . He doesn't have to have been listed on the original I-129F.

As Pax mentioned it's best to check with their embassy for requirements.

Packet 3 for Guangzhou contains the DS-230, part 1. The instructions specifically state that they won't schedule an interview until they receive the DS-230 part 1 completed. Line 31a is where you list derivatives who will travel with you, and line 31b is where you list follow to join.

I forgot about those tick boxes on the DS-156K!

Most consulates are pretty ####### about requiring derivatives to be listed on the I-129F. For one thing, the form says to list ALL children (as does the DS-230), but I think the main reason I think is that the consulate wants to know that the petitioner is aware of every child who qualifies as a derivative.

"The instructions specifically state that they won't schedule an interview until they receive the DS-230"

You'd think all the embassies would have the paperwork requirements the same.

Does China require DS 156, DS 156K and DS 157 also?

[JimVaPhuong 4,863]

K1s don't normally file a DS 230. Follow to join is on the DS 156K. If it's less than one year since moms got her visa she/he "may" be able to fill out the necessary DS visa applications . He doesn't have to have been listed on the original I-129F.

As Pax mentioned it's best to check with their embassy for requirements.

Packet 3 for Guangzhou contains the DS-230, part 1. The instructions specifically state that they won't schedule an interview until they receive the DS-230 part 1 completed. Line 31a is where you list derivatives who will travel with you, and line 31b is where you list follow to join.

I forgot about those tick boxes on the DS-156K!

Most consulates are pretty ####### about requiring derivatives to be listed on the I-129F. For one thing, the form says to list ALL children (as does the DS-230), but I think the main reason I think is that the consulate wants to know that the petitioner is aware of every child who qualifies as a derivative.

"The instructions specifically state that they won't schedule an interview until they receive the DS-230"

You'd think all the embassies would have the paperwork requirements the same.

Does China require DS 156, DS 156K and DS 157 also?

Yes, in packet 4.

http://guangzhou.usembassy-china.org.cn/fo...and_packets.htm

They even made up one of their own forms - the GNI-2!

http://guangzhou-ch.usembassy-china.org.cn..._Form_GNI-2.pdf

[Gary and Alla 3,694]

I have recently married and filed the AOS for my wife. We have since decided to try to bring her son here, but had not initially petitioned him on the 129-F. He will be 21 in a little over a year from now. I'm wondering and researching of what steps to take upon a K-2 Visa for him, and of it is not too late. Any ideas or advice would be greatly appreciated. Thank You Much.

I don't think you can file a K2 for your step-son now. The K2 is a derivative of the K1, and your wife's K1 petition and visa application are dead and buried. That application and process were finished when your wife (then fiancee) entered the US with her K1 visa. You would have had to list her son on the I-129F for your wife to be eligible to file for a K2, and she would have needed to list him on the DS-230 as "follow to join". You could have done these things and subsequently decided NOT to file for a K2, but I don't think you can NOT do these things and subsequently decided you DO want to file for a K2. I think you've burned that bridge already.

As payxibka said, you can try contacting the embassy in Guangzhou, but I'd be surprised if they accepted a K2 application for her son now.

Your wife may have to file for an F2A visa, which is currently taking about 4 1/2 years. She should do this soon in order to lock in his age before he turns 21. Otherwise, it will become an F2B, which is taking about 8 years. He needs to remain unmarried while waiting for a visa.

K1s don't normally file a DS 230. Follow to join is on the DS 156K. If it's less than one year since moms got her visa she/he "may" be able to fill out the necessary DS visa applications . He doesn't have to have been listed on the original I-129F.

As Pax mentioned it's best to check with their embassy for requirements.

Sorry Haole. I misunderstood. YES the questions about the K-2 intent are on the DS156K. I thought you meant the K-2 applicant uses that form.