K2 Question

[Tanya and Barry 59]

Hello,

Here is our situation. It looks like we will be having the interview in Kiev in early May for the K1 Visa. My fiance has a 17 year old son. He will be 18 in July. He is a student at the Maritime University in Odessa. Right now he has no desire to move with his mother to the US. But as we all know 18 year old's plans change. Does he have to go to the medical and interview with his mother or can he do it within the one year window?

Thanks,

Barry

[Dakine 26]

Best to have him take the medical and interview with moms. He can easily follow to join if he changes his mind within a year.

[payxibka 10,048]

Hello,

Here is our situation. It looks like we will be having the interview in Kiev in early May for the K1 Visa. My fiance has a 17 year old son. He will be 18 in July. He is a student at the Maritime University in Odessa. Right now he has no desire to move with his mother to the US. But as we all know 18 year old's plans change. Does he have to go to the medical and interview with his mother or can he do it within the one year window?

Thanks,

Barry

He does not need to do anything with the consulate until such time he decides to apply for a visa.

[Kathryn41 3,205]

Duplicate threads merged and duplicate post removed.

[Tanya and Barry 59]

Duplicate threads merged and duplicate post removed.

Thank You Kathryn.

[Gary and Alla 3,694]

Best to have him take the medical and interview with moms. He can easily follow to join if he changes his mind within a year.

Not correct. If he goes with his mother he will be issued a visa with her and must enter the US within 6 months. If he waits, he can have his interviw within one year of the issuance of her visa and then still haqve the 6 months validity. He could @delay@ his entry into the US for up to 18 months.

We did both a K2 and K-2 to follow, for exactly the same reason. Our oldest son attend a university in Moscow. With CAREFUL planning, he could get here NEXT summer and adjust status while he has summer break. If his mother has already adjusted status it will be fairly easy. Our son adjusted status this last summer in less than 7 weeks. If he is not sure at the time of her interview, then let him wait and do a K-2 to follow. He CAN come to the US, get a green card and travel back to Ukraine for studies. That is what we are doing, our son comes here for the summer and goes back for school. When he finishes his school he can choose where he wants to live and has path to US citizenship if he wants it. We thought that increasing opportunites is better than eliminating them.

FWIW, I can tell you that our son was not given any options, not that he made a problem of it, but he understood he had no choice. 18 or not, his education isn't finished and he isn't ready to be on his own.

The Maritime University is a good one. I lived in Odessa, so I am biased. Their students stand as honor guard at the monument to sailors in Odessa.

[Dakine 26]

Not correct. If he goes with his mother he will be issued a visa with her and must enter the US within 6 months. If he waits, he can have his interviw within one year of the issuance of her visa and then still haqve the 6 months validity. He could @delay@ his entry into the US for up to 18 months.

We did both a K2 and K-2 to follow, for exactly the same reason. Our oldest son attend a university in Moscow. With CAREFUL planning, he could get here NEXT summer and adjust status while he has summer break. If his mother has already adjusted status it will be fairly easy. Our son adjusted status this last summer in less than 7 weeks. If he is not sure at the time of her interview, then let him wait and do a K-2 to follow. He CAN come to the US, get a green card and travel back to Ukraine for studies. That is what we are doing, our son comes here for the summer and goes back for school. When he finishes his school he can choose where he wants to live and has path to US citizenship if he wants it. We thought that increasing opportunites is better than eliminating them.

FWIW, I can tell you that our son was not given any options, not that he made a problem of it, but he understood he had no choice. 18 or not, his education isn't finished and he isn't ready to be on his own.

The Maritime University is a good one. I lived in Odessa, so I am biased. Their students stand as honor guard at the monument to sailors in Odessa.

I stand corrected. I don't like giving incorrect info.

I guess it's time for me to bailout of VJ. Been here to long and getting bored anyway. Been a enjoyable ride ride tho. Thanks to all that assisted me in the past. Hope I helped a few people also.

Aloha.

[Tanya and Barry 59]

Not correct. If he goes with his mother he will be issued a visa with her and must enter the US within 6 months. If he waits, he can have his interviw within one year of the issuance of her visa and then still haqve the 6 months validity. He could @delay@ his entry into the US for up to 18 months.

We did both a K2 and K-2 to follow, for exactly the same reason. Our oldest son attend a university in Moscow. With CAREFUL planning, he could get here NEXT summer and adjust status while he has summer break. If his mother has already adjusted status it will be fairly easy. Our son adjusted status this last summer in less than 7 weeks. If he is not sure at the time of her interview, then let him wait and do a K-2 to follow. He CAN come to the US, get a green card and travel back to Ukraine for studies. That is what we are doing, our son comes here for the summer and goes back for school. When he finishes his school he can choose where he wants to live and has path to US citizenship if he wants it. We thought that increasing opportunites is better than eliminating them.

FWIW, I can tell you that our son was not given any options, not that he made a problem of it, but he understood he had no choice. 18 or not, his education isn't finished and he isn't ready to be on his own.

The Maritime University is a good one. I lived in Odessa, so I am biased. Their students stand as honor guard at the monument to sailors in Odessa.

Gary, thanks for the great information. How would we go about doing the K2 follow later? What are the nuts and bolts? Is there a post somewhere? How would we schedule an interview at the embassy for her son after mom has arrived in the US?

[Gary and Alla 3,694]

Gary, thanks for the great information. How would we go about doing the K2 follow later? What are the nuts and bolts? Is there a post somewhere? How would we schedule an interview at the embassy for her son after mom has arrived in the US?

There is not a lot of info in the guides and such, but there is quite a few posts on the matter. It is quite simple to do the visa. Just call the call center anytime within ONE YEAR after your fiancee's visa is issued and schedule an appointment for him using the same KEV number. He will need the medical, all the application documents and interview at that time. The visa MUST BE ISSUED within one year of hers, that is a HARD line. Don;t wait until the last second, if there is some delay it is too bad for you. Our saons K-2 to follow was 10 months later. You can go a full year but if OOPS something happens and an interview gets canceled or the medical is delayed or anything...you lose. The visa is good for 6 months after issuance. If he wanted to come next summer for example, you could have his interview in March or April.

In addition to the documents you provide similar to those your fiancee provides, you will have to provide a copy of your marriage certificate and a copy of your (then) wife's Green Card or copy of the receipt for filing the AOS. Since he is a male and since he is between 18-25 and since it is Ukraine, he will also have to show that he has registered for compulsary military service and has a student deferrment, this is pretty easy to get, very easy actually, provided he shows he is enrolled in a university. These documents need to be translated also. The "interview" is virtually a slam dunk. There is nothing to prove other than your (then) wife has met her obligations and that he is her son and under age 21 (birth certificate does this) There is no "relationship" to prove, as with a K-1. He will also need a DS-157 form (Ukraine uses this for all males over age 17), a police certificate dated within one year of the interview from any country he has lived in (even as a student) since age 16, an "invitation" letter from you, the petitioner, and an I-134 just like you did for your fiancee.

For your fiancee's interview, you do not count her son in family size IF he is not coming with her, you will do that later when he applies for a visa.

When he gets to the US (or if, as the case may be) he can adjust status and then register for the draft in the USA. If he takes his registration for the draft and a copy of his green card to Ukraine, he can receive a permanent deferrment from Ukrainian military service AS LONG AS HE LIVES IN THE USA. If he gives up his residency and returns to Ukraine before age 25, he would be required to serve in the Ukrainian military.

Shouldn't be an issue for you given his age...BUT, he MUST apply for AOS before his 21st birthday. K-2s are exempt from having to establish the qualifying relationship (marriage of his mother to you) before age 18.

[Gary and Alla 3,694]

Gary, thanks for the great information. How would we go about doing the K2 follow later? What are the nuts and bolts? Is there a post somewhere? How would we schedule an interview at the embassy for her son after mom has arrived in the US?

For a quick AOS turn-around for him, it will be best (a must maybe) that your wife already have her green card, so don't be delaying that matter when she arrives. Get his AOS papers ready before he arrives, write the check and address the envelope. When he arrives make a copy of his I-94 and mail it...next day at latest. When you get the NOA1, make an infopass appointment, get in there and ask them to expedite the AOS. I actually made an infopass appointment before he arrived and laid this out with the local office. In my experience the local office is light years ahead of dealing with the Service Center, no comparison. Our local office was VERY cooperative. Our local office called the office in Chicago and told them to pull his file and send it to them in Vermont ASAP. They also did the biometrics while we were there, AND an "emergency AP" application. He had the AP in less than 10 days, so he was set to return for school. His green card arrived 3 days before he left, 7 weeks after filing. The key is to have your wifes AOS complete and green card issued prior to this.

Also make SURE he has ALL his vaccines up to date before the medical and get the DS-3025. That means checking with the latest vaccine requirements (they can and do change) and making sure he gets all of those in Ukraine and takes the documents to the medical exam for transcription. You do not need any BS RFEs for vaccines to throw a wrench in the process.

I recommend you do the same for your fiancee now.