K1 visa and problem getting a child

[Confusedgal 0]

Hi.. I have a problem and it makes me worried. I came here last June 9 2009 as K1 visa holder. Then right now im waiting for my biometrics on the 17th of February. Im planning to go back home to get my daughter back by April then suddenly somebody told me that i cannot get my daughter because she is no longer eligible for K2 visa since i already started adjusting my permanent status here. Is it true and what should i need to do to get her? The agency from my home country who processed my K1 told us that i have one year to get her.. then all of the sudden they said that i can no longer get her by April.. needs help here pls. Can somebody tell me something about this.. Thanks

[payxibka 10,044]

The K-2 needs be issued BEFORE the one year anniversary of the issuance of your K-1. On what date was your K-1 issued?

You need to contact Manila... they are the definitive source for your answers

posted in IR/CR spousal visa forum... moving thread

Edited February 8, 2010 by payxibka

[raymaga 25]

The fact that you have applied for AOS does not affect your daughter getting the K-2 visa.

What is important is that you must obtain the K-2 visa within one year of the date you received your K-1 visa. If you came to the U.S. in June, then your K-1 visa must have been obtained prior to that, which means you have around 3 months to get the K-2 visa.

You need to contact the office where the K-2 interview would take place to ask them what you need to do to start the K-2 visa process. We had to fax the Vancouver Consulate Form DS-230 to start the process, and then began gathering the necessary documents, such as the Police Certificate and we had her medical exam done.

Before you leave the U.S. to go get your daughter when the time comes, make sure you either have Advance Parole or your Green Card to make sure you will be able to get back into the U.S.

Good luck.

[Confusedgal 0]

The K-2 needs be issued BEFORE the one year anniversary of the issuance of your K-1. On what date was your K-1 issued?

You need to contact Manila... they are the definitive source for your answers

posted in IR/CR spousal visa forum... moving thread

They issued my K1 last June 2, 2009

[Confusedgal 0]

The fact that you have applied for AOS does not affect your daughter getting the K-2 visa.

What is important is that you must obtain the K-2 visa within one year of the date you received your K-1 visa. If you came to the U.S. in June, then your K-1 visa must have been obtained prior to that, which means you have around 3 months to get the K-2 visa.

You need to contact the office where the K-2 interview would take place to ask them what you need to do to start the K-2 visa process. We had to fax the Vancouver Consulate Form DS-230 to start the process, and then began gathering the necessary documents, such as the Police Certificate and we had her medical exam done.

Before you leave the U.S. to go get your daughter when the time comes, make sure you either have Advance Parole or your Green Card to make sure you will be able to get back into the U.S.

Good luck.

I recieved a notification that they might release the answer for my advance parole on Feb 17,2009 during my biometrics.

[Gary and Alla 3,694]

Hi.. I have a problem and it makes me worried. I came here last June 9 2009 as K1 visa holder. Then right now im waiting for my biometrics on the 17th of February. Im planning to go back home to get my daughter back by April then suddenly somebody told me that i cannot get my daughter because she is no longer eligible for K2 visa since i already started adjusting my permanent status here. Is it true and what should i need to do to get her? The agency from my home country who processed my K1 told us that i have one year to get her.. then all of the sudden they said that i can no longer get her by April.. needs help here pls. Can somebody tell me something about this.. Thanks

Not true. The K-2 must be issued prior to one year from your K-1 issuance. It is not necessary that you adjust status first, but you can if you want. We have two sons. One came with Alla at the time she got her K-1, the other came 10 months later after she already had her green card. The AOS has nothing in particular to do with the K-2, if you were to go for the K-2 now you would need to show your status, applied for AOS, that is all.

[Gary and Alla 3,694]

They issued my K1 last June 2, 2009

Then you MUSt apply for the K-2 prior to June 2, 2010. Any information otherwise is wrong.

[raymaga 25]

Then you MUSt apply for the K-2 prior to June 2, 2010. Any information otherwise is wrong.

You must not only "apply for", but "have in your hands", the K-2 Visa by June 2, 2010.

Edited February 9, 2010 by raymaga

[Confusedgal 0]

Not true. The K-2 must be issued prior to one year from your K-1 issuance. It is not necessary that you adjust status first, but you can if you want. We have two sons. One came with Alla at the time she got her K-1, the other came 10 months later after she already had her green card. The AOS has nothing in particular to do with the K-2, if you were to go for the K-2 now you would need to show your status, applied for AOS, that is all.

Thanks to all of you. I am waiting for my biometrics on Feb 17th, 2010. Then also for the approval of my advance parole. the moment i get it im flying back home to get her.. And, also is there any chance that they will give me the result of my advance parole during my biometrics? Thanks

[Darnell 8,478]

You don't have to wait for anything. Well, except, maybe for the coffee to brew, as you're gonna be on the phone a bit, overnight.

What you DO need to do, however, is to contact the IV Unit via telephone, fax or email, in Manila, and TELL THEM

that you want to start the K-2 process immediately, this week.

I suggest to you, that WAITING on SOMETHING at this point, is gonna HURT you, in terms of the DURATION from the K-1 issuance date.

Don't wait. Pick up the telephone, make the call now, before you sleep. Watch the timezone changes.

What you have is a K-2 Follow To Join Case. You could have started that anytime from the K-1 issuance date, till today. You have a bit of time, but not so much, yes? Please start it today. Physical presence (yours) is NOT required, to start the process.

[Darnell 8,478]

---

this is similar -

http://www.visajourney.com/forums/index.ph...4246&hl=FTJ

But the contact # is in there.

You'll need the Manila CaseFile Number on yer approved I-129F petition.

Good Luck !

[Darnell 8,478]

hullo confusedgal - any news from the IV unit in Manila ? Did you call them ? wassup?

[Gary and Alla 3,694]

You must not only "apply for", but "have in your hands", the K-2 Visa by June 2, 2010.

True enough, but the date should be one and the same. It would not be a bad idea to allow for sometime to correct any errors or omissions if that is a concern.

[Gary and Alla 3,694]

Thanks to all of you. I am waiting for my biometrics on Feb 17th, 2010. Then also for the approval of my advance parole. the moment i get it im flying back home to get her.. And, also is there any chance that they will give me the result of my advance parole during my biometrics? Thanks

Why wait? You can call Manila and make an interview appointment now. There is NO chance they will give you your AP during your biometrics, however you may be able to make an inforpass appointment (at any time, again...why wait?) and apply for an "emergency" AP. We did that for our son so he could return to school after arriving here on a K-2 to follow. You do not need to go tot the interview, but your husband may, for us, in Kiev ONE of us had to be present at the interview.

Handling a K-2 to follow is something that should be coordinated with the local office, it should not invlove any waiting. waiting when you are under a strict deadline is really kind of silly. Make an infopass today (they can do your biometricw while you are there, just bring your biometrics letter) tell them what you need to do and apply for the AP. Once we applied for the AP we were told he could leave at any time and they would send the AP to Moscow for him to pick up at athe consulate, but we had enough time and it arrived within 10 days at our house. They also got his GREEN CARD in his hand in 6 weeks! But again I had met with the local office and explained what was needed and what we needed to accomplish. The local office was very helpful.

[payxibka 10,044]

Thanks to all of you. I am waiting for my biometrics on Feb 17th, 2010. Then also for the approval of my advance parole. the moment i get it im flying back home to get her.. And, also is there any chance that they will give me the result of my advance parole during my biometrics? Thanks

no, the USCIS field office and the ASC (biometrics) are two different places