K2 question

[lenaandbilly 0]

If anyone knows the answer to this it would be great. My fiance (now my wife) and her daugther entered the US with me on November 19th, 2009 with K1/K2 visas. The daugther turned 19 on November 21st. She has decided that she wants to return to Ukraine to continue her education and be with her friends. My question is, is she required to leave within 90 days of entering the US on the K2 visa and if she does or doesn't what implications will this have on possible future attempts to return to or visit the US?

Thanks in advance for any help!

William

[Gary and Alla 3,694]

If anyone knows the answer to this it would be great. My fiance (now my wife) and her daugther entered the US with me on November 19th, 2009 with K1/K2 visas. The daugther turned 19 on November 21st. She has decided that she wants to return to Ukraine to continue her education and be with her friends. My question is, is she required to leave within 90 days of entering the US on the K2 visa and if she does or doesn't what implications will this have on possible future attempts to return to or visit the US?

Thanks in advance for any help!

William

Hold the phone! Our 19 year old son is a student in Moscow and a US permanent resident who came her on a K-2 to follow, so we have been through this in detail.

She should NOT leave without filing for the AOS as she will lose her status and that is more important to keep to anything. She may not think so, but she is a dumb, uneducated 19 year old, for lack of better term, and should not be allowed to throw away her future opportunity to be an LPR or citizen which gives her a huge option in life a lot of her friends in Ukraine would like to have.

File for the AOS for her mother and her. You can also file for an EAD and AP for the mother at the same time. As soon as you have the receipt for filing the AOS, make an infopass appointment and go to your local office and apply for an AP for the daughter. Explain to them she wants to return for school. We had an AP in less than 10 days in our hand. The local office called the Chicago office and asked for the case for our son to be sent to the local office ASAP for processing the green card. The AOS MUST be filed at the Chicago lockbox, but the AP can be filed at the local office as an "emergency AP".

Bottom line? Sergey entered the USA on July 16, 2009 (my wife was here since the previous Sept. and already had her green card) we filed the AOS on July 17, the day fater he arrived. We had his AP before August 1 and he had his green card in hand Sept. 5th. He returned to Moscow for school on Sept. 8th but had the AP in case the green card was late in coming. He had no interview and they also did the biometrics when we went for the infopass appointment.

It is important that your wife have filed for AOS or already have her green card, the daughter's green card is derivitive of her mother's and it may not be possible for you to get the daughter's green card so quickly if the mother has not already adjusted status, so your case differs a little from ours. HOWEVER you can easily get the AP and she is good to go back to Ukraine, go to school and return later to complete her AOS process, if there is anything to complete. If her AOS is also filed, there may be nothing to do but wait for her green card to show up in the mail.

OR, as the spring semester is about to start anyway, she could stay here, adjust status, get her green card and return in the fall for school without any hassel at all. She will have no probem to attend school outside the USA and does not need an AP unless she will be gone for more than 1 year. She can go to school and come back here for a few weeks each summer until she finishes, then when she is properly educated and a little less influenced by what is "cool" today, she can decide if she wants to live and work here, or Ukraine, or Russia, or wherever. Let me tell you, there is a huge market for people to teach "English as a Second Language" all over the world and if she learns English well she can do this. Alla is a full time studnt butmakes a pretty fair amount of money on an on-call basis as an interpreter for the local hospital. Our son is a brilliant engineering student and amazingly fluent in English (he barely even has an accent) and the younger son also is very fluent and they both understand the opportunity they have. Even in business in Ukraine and Russia, being able to speak English is high on the list of desireable skills and the BEST and LUCKIEST students in Ukraine get to come to the USA to study and work to learn English. She has an opportunity that so many others would just do anything for, she should not throw it away. In 10 years she will not be 19 anymore and she will have a great opportunity and skill which is valuable on either side of the Atlantic.

Not to mention that she will be able to get visas for travel easier in the future as an LPR and just expand greatly her opportunities for a fulfilling life. I can honestly say that my working in Ukraine was the adventure of a lifetime, and I had a pretty adventurous life up until then, not only to be there, but for the opportunity to travel all over Europe and the FSU on holidays. I could have done just as well to stay here, but life is about adventure also.

I never realized, until I met Alla and started this visa journey how lucky we are as Americans to be able to travel virtually everywhere and just wave a passport and walk right in. I was one of those dumb@sses that thinks everyone can do this! Even the places I needed visas, I never had trouble to get one it amounts to a "fee" to be paid and that is all.

Heck, the best thing we can do as parents is give opportunity to our children.

[Gary and Alla 3,694]

If anyone knows the answer to this it would be great. My fiance (now my wife) and her daugther entered the US with me on November 19th, 2009 with K1/K2 visas. The daugther turned 19 on November 21st. She has decided that she wants to return to Ukraine to continue her education and be with her friends. My question is, is she required to leave within 90 days of entering the US on the K2 visa and if she does or doesn't what implications will this have on possible future attempts to return to or visit the US?

Thanks in advance for any help!

William

To answer the other part of your question...

IF she leaves without filing AOS and receiving an AP she loses her status and her future trips would be uinder the same rules as any other Ukrainian citizen, she needs a tourist visa and those can be difficult to get.

[JimVaPhuong 4,863]

She will be out of status when her I-94 expires unless you submit a petition for AOS. If you do submit a petition for AOS, and she leaves before the AOS is granted, then the petition will be considered abandoned, and she won't be able to return without another visa. If you submit a petition for AOS, you could simultaneously submit an application for advance parole. It takes 2 to 3 months to get the AP, and it would be valid for one year, though it can be renewed. CBP can still deny entry with an AP document if they believe the residency has been abandoned. Gary got an emergency AP for his step-son, so listen to his advice if you need this document in a hurry.

Her status is further dependent on her mothers status. If her mother does not adjust status, then she cannot. If her mother loses status, then she also loses status. Her derivative status will be dependent on her mother's status until she gets her unconditional residency.

If she leaves the US without applying for AOS, then you have limited options. She may still qualify to apply for another K2 within a year after your wife's K1 was issued - I'm really not sure, as it's an unusual circumstance and I couldn't find any precedent for it in searching the net. You would not be able to petition for her as your step-child using an I-130 because the step-child relationship was established after she was 18. Once your wife gets her green card then she could petition for her daughter to get an F2A visa, which is currently taking a little over 4 years. Once her daughter is 21 then she'd have to apply for an F2B, which is currently taking about 8 years. If she does reach 21 before deciding to return, you can shave some time off the waiting period by having your wife become a US citizen (when she is eligible) and filing for an F1.

This is a rare opportunity for your step-daughter. Like my step-son, she falls in the window of derivative children who are 18 or older when their parent marries a US citizen, but are eligible to adjust status until they are 21. Only the K2 visa offers this opportunity. You and your wife should do everything you can to convince her not to waste it.

[Gary and Alla 3,694]

She will be out of status when her I-94 expires unless you submit a petition for AOS. If you do submit a petition for AOS, and she leaves before the AOS is granted, then the petition will be considered abandoned, and she won't be able to return without another visa. If you submit a petition for AOS, you could simultaneously submit an application for advance parole. It takes 2 to 3 months to get the AP, and it would be valid for one year, though it can be renewed. CBP can still deny entry with an AP document if they believe the residency has been abandoned. Gary got an emergency AP for his step-son, so listen to his advice if you need this document in a hurry.

Her status is further dependent on her mothers status. If her mother does not adjust status, then she cannot. If her mother loses status, then she also loses status. Her derivative status will be dependent on her mother's status until she gets her unconditional residency.

If she leaves the US without applying for AOS, then you have limited options. She may still qualify to apply for another K2 within a year after your wife's K1 was issued - I'm really not sure, as it's an unusual circumstance and I couldn't find any precedent for it in searching the net. You would not be able to petition for her as your step-child using an I-130 because the step-child relationship was established after she was 18. Once your wife gets her green card then she could petition for her daughter to get an F2A visa, which is currently taking a little over 4 years. Once her daughter is 21 then she'd have to apply for an F2B, which is currently taking about 8 years. If she does reach 21 before deciding to return, you can shave some time off the waiting period by having your wife become a US citizen (when she is eligible) and filing for an F1.

This is a rare opportunity for your step-daughter. Like my step-son, she falls in the window of derivative children who are 18 or older when their parent marries a US citizen, but are eligible to adjust status until they are 21. Only the K2 visa offers this opportunity. You and your wife should do everything you can to convince her not to waste it.

Some good additional details. Particularly abouther other options. Thanks Jim. Yes, her status is derivitive until she receives her unconditional green card. Her unconditional green card AND her eligibility for citizenship MAY be delayed if she is out of the country for more than 6 months at a time. So, if she is going to school, it may be a good idea to have her come back for New Year's and also for the summer. An AP if she has it is valid for one year and for multiple entires.

Yes, it is a unique opportunity for someone her age to be able to do this, Please, try to give her every opportunity to take advantage of it and give her the best options for the future.

[lenaandbilly 0]

You guys are really super, thank you so much for the detailed and fast responses. Can I pick your brains a little further, I have actually tried to figure this out for myself but it is a little unclear so... What about a social security number for my wife and my step-daughter? Do we not need that before filing the I-485? I see that form I-485 asks for a SSN but maybe it isn't mandatory?

Thanks again!

[pushbrk 12,969]

You guys are really super, thank you so much for the detailed and fast responses. Can I pick your brains a little further, I have actually tried to figure this out for myself but it is a little unclear so... What about a social security number for my wife and my step-daughter? Do we not need that before filing the I-485? I see that form I-485 asks for a SSN but maybe it isn't mandatory?

Thanks again!

It's best to apply for the SSN as soon as they arrive but you can also simply put "none" and apply for it later.

[lenaandbilly 0]

Thank you pushbrk!

[Gary and Alla 3,694]

It's best to apply for the SSN as soon as they arrive but you can also simply put "none" and apply for it later.

It is NOT needed for the I-485. Answer "none" if none.

For your fiancee, K-1 I suggest you get her SSN the day after she arrives, in her name as in the passport. It is valuable for all sorts of things but the I-485 isn't one of them. If she will change her name, do it after you have the green card in her married name.

For the daughter, she will have to wait until she receives her green card or EAD to get an SSN. ONLY K-1s are eligible for an SSN without an EAD or green card.

[JimVaPhuong 4,863]

It is NOT needed for the I-485. Answer "none" if none.

For your fiancee, K-1 I suggest you get her SSN the day after she arrives, in her name as in the passport. It is valuable for all sorts of things but the I-485 isn't one of them. If she will change her name, do it after you have the green card in her married name.

For the daughter, she will have to wait until she receives her green card or EAD to get an SSN. ONLY K-1s are eligible for an SSN without an EAD or green card.

Agreed. The ability for a K1 to receive an SSN before applying for AOS is an exception to the general rule that work authorization is required first. My understanding was that the SSA only made this exception because some states used to require an SSN before they would issue a marriage license, which a K1 obviously requires in order to get married and apply for AOS. A K2 isn't required to marry before applying for AOS. In fact, a K2 loses their derivative status if they DO marry, so there's no reason for the SSA to make an exception for K2's.

[Gary and Alla 3,694]

Agreed. The ability for a K1 to receive an SSN before applying for AOS is an exception to the general rule that work authorization is required first. My understanding was that the SSA only made this exception because some states used to require an SSN before they would issue a marriage license, which a K1 obviously requires in order to get married and apply for AOS. A K2 isn't required to marry before applying for AOS. In fact, a K2 loses their derivative status if they DO marry, so there's no reason for the SSA to make an exception for K2's.

Exactamundo! Also there is no need for K3s or K4s and so they cannot get one either before work authorization.

[lenaandbilly 0]

Again, thank you very much. Very helpful information as always!

[f1_gurl 0]

If anyone knows the answer to this it would be great. My fiance (now my wife) and her daugther entered the US with me on November 19th, 2009 with K1/K2 visas. The daugther turned 19 on November 21st. She has decided that she wants to return to Ukraine to continue her education and be with her friends. My question is, is she required to leave within 90 days of entering the US on the K2 visa and if she does or doesn't what implications will this have on possible future attempts to return to or visit the US?

Thanks in advance for any help!

William

She will lose her status and it will be harder for you to petition for her again since she is already 18...