k2 visa questions

[easyukraine 1]

I will be filing my fiancee's visa in just a few short weeks when I have all the paper work finished. her son who is 18 would also like to come at a later date. what is the process to bring her son also? I will have him listed on the I-29f and the I-134 when the time comes. will I also need a G-325a for him included in the packet? Will he also need to attend interview with his mother or at a later date? I know he will need the same documents plus a military waiver ( he already has). since he will probably travel here when University lets out for Summer, should we wait to adjust her status until he is here?

[payxibka 10,044]

I will be filing my fiancee's visa in just a few short weeks when I have all the paper work finished. her son who is 18 would also like to come at a later date. what is the process to bring her son also? I will have him listed on the I-29f and the I-134 when the time comes. will I also need a G-325a for him included in the packet? Will he also need to attend interview with his mother or at a later date? I know he will need the same documents plus a military waiver ( he already has). since he will probably travel here when University lets out for Summer, should we wait to adjust her status until he is here?

Listing on the I-129F is all that is needed... No G-325a needed. He will attend an interview when HE applies for the visa.... He must apply and receive the visa within 1 year of his mother's visa issuance. I think Gary (of Gary and Alla) said that his wife had to have her status adjustment completed, (he had a K-2 follow to join) issued by Kyiv... Hopefully he will happen by and clarify

[easyukraine 1]

Thanks. Gary did mention something about his son came later. I wonder since he has a year and we must marry within 90 days does that create more head press?

[easyukraine 1]

I fly out to see her again in 8 days.

[payxibka 10,044]

Thanks. Gary did mention something about his son came later. I wonder since he has a year and we must marry within 90 days does that create more head press?

Certainly requires you to keep track of and make sure you accomplish a few more items, that is for sure... Regardless, you MUST make sure you marry within the 90 days or everything else behind it, as it relates to the 18 year old son, will fail.....

[Gary and Alla 3,694]

Listing on the I-129F is all that is needed... No G-325a needed. He will attend an interview when HE applies for the visa.... He must apply and receive the visa within 1 year of his mother's visa issuance. I think Gary (of Gary and Alla) said that his wife had to have her status adjustment completed, (he had a K-2 follow to join) issued by Kyiv... Hopefully he will happen by and clarify

Kinda sorta.

If you do a K2 to follow, they expect your wife to be at some point in the progress of her AOS, not necessarily completed. We were told to submit with Sergey's visa application our marriage license AND proof that Alla's AOS was completed or in progress. Specifically a copy of her green card OR I-797C receipt that her AOS has been filed.

The K2 is derivitive of the K1. If, after 10 months in our case, you have not been married and filed for AOS they may have a problem with issuing more visas derivitive of the first. It will depend somewhat on when you do the K2 to follow. If it is one month after the K1, that will be different, I imagine.

As for the other, Pay is correct. He will have a visa interview and need a medical exam, etc., just as your fiancee does. He will pay all the same fees, start to finish. Visa, AOS, ROC and citizenship eventually. He is a separate person.

Because he is over age 16, he will also need (for Kiev)

1. Police certificate for any country he lived in for more than 6 months since age 16. Even if he was a student.

2. DS 157 (required by Kiev for all males over age 16)

Because he is over age 16 he will NOT need

1. Permission from "other parent"

Because he is over 18 he MUST have

1. His own international passport, he can no longer be listed in Mom's

Because he is a male between age 18 and 25 he will need

1. Certificate showing he is registered for military service

2. Deferrment from miltary service, such as student deferrment. To do this he will need to be enrolled as a student in college

3. OR certificate showing he has completed his military service (not likely at age 18)

After he arrives here and completes his AOS he can register for the draft (he MUST register for the draft) then he can file for a permanent deferrment in Ukriane based on his obligation being met as a US resident.

All of the above is specific to Kiev. Members with K2s from other countries should check with those consulates.

Edited September 18, 2010 by Gary and Alla

[Gary and Alla 3,694]

Thanks. Gary did mention something about his son came later. I wonder since he has a year and we must marry within 90 days does that create more head press?

Kinda sorta. Like I said. They will be looking for you to be a some logical point in your immigration process depending on when he applies. The good news is...there is no spcific rule about this. The bad news is...there is no specific rule about this. You are required to get married within 90 days on a K-1, regardless of a child to follow or not, so NO there is no additional "pressure" in that regard. But if he applies for a K2 to follow 100 days after the K1 is issued, they are going to be looking for a marriage certificate UNLESS your fiancee has not yet entered the US on her K1, and then they would need evidence of THAT. In our case, 10 months after the K1, 9 months after Alla's entry to the US, we were asked to provide a marriage certificate and, at least, an NOA1 from filing the AOS. She already had her green card, so it was not an issue.

Also Kiev requested that EITHER the petitioner OR the primary beneficiary be present at his interview. Alla went to it. I understand that this is no longer required but check to be sure. You will also, for a K2 to follow, need to give an updated I-134 and an "invitation letter" stating that you, the petitioner, accept him into the US and will be responsible for him. Simple letter, really. I have samples of all this stuff.

His K2 to follow was basically "no questions asked" Alla went to the window with him and he says she "would not shut up" Though no questions were asked (note to self...never have Alla testify in court) Finally the guy asked for her green card and told her to go sit down. Then he told Sergey he was approved. No questions asked, I guess he had to get the jabberbox out of there so he could tell Sergey how to pay for the visa delivery. Sometimes I wish I could do that. "Alla, give me your green card and go sit over there"

AFTER he was "interviewed" and received his delivery instructions, the guy asked him about his school, sports he liked, what he wanted to do in the US, etc. Basically "BS'ing" with him. Nothing to speak of.

[easyukraine 1]

one more question since I know she will ask. can he interview at the same time and just come when university closes for summer( within 6 month time frame)?

Gary I want to personally thank you for all the assistance you have provided me and the other members here, we owe you a debt most of us will never get a chance to repay.

[Gary and Alla 3,694]

one more question since I know she will ask. can he interview at the same time and just come when university closes for summer( within 6 month time frame)?

Gary I want to personally thank you for all the assistance you have provided me and the other members here, we owe you a debt most of us will never get a chance to repay.

Yes, you can do that. As long as he comes within 6 months and you are pretty well locked into that. They do not have to come together, she can come first. In this case he, technically, is not a "K2 follow to join" he is "accompanying". It was not an option for us because of the timing, but I suggest just doing one interview if you can. Why repeat the whole thing twice?

Thanks. Glad to help others in the same boat, especially when they have children.

Edited September 19, 2010 by Gary and Alla

[payxibka 10,044]

Yes, you can do that. As long as he comes within 6 months and you are pretty well locked into that. They do not have to come together, she can come first. In this case he, technically, is not a "K2 follow to join" he is "accompanying". It was not an option for us because of the timing, but I suggest just doing one interview if you can. Why repeat the whole thing twice?

Thanks. Glad to help others in the same boat, especially when they have children.

She MUST go first (or concurrently)... The K-2 CANNOT go first ...

[easyukraine 1]

I am guessing she will want him to interview at the same time, I will be prepared either way. it might get interesting if her older son wants to come here next, I will save that one for another time and thread.

thanks again.

[payxibka 10,044]

I am guessing she will want him to interview at the same time, I will be prepared either way. it might get interesting if her older son wants to come here next, I will save that one for another time and thread.

thanks again.

How old is the older son?

The K-2 is an automatic once the K-1 is issued, so the K-2 has nothing really to worry about

[Gary and Alla 3,694]

She MUST go first (or concurrently)... The K-2 CANNOT go first ...

Right. They can come together or she can come first and he can follow within 6 months by going to ONE visa interview (both of them) I did not mean to imply the K2 could arrive first.

If I was unclear on that...my apologies.

[Gary and Alla 3,694]

I am guessing she will want him to interview at the same time, I will be prepared either way. it might get interesting if her older son wants to come here next, I will save that one for another time and thread.

thanks again.

As long as he is listed on the I-129f (he should be) then he can follow within a year IF he is under age 21. Keep in mind, he must also be under age 21 to adjust status.

[easyukraine 1]

well the older son will have to wait for another thread and later date. I need to get these two here first. the oldest son is 24 so she might have to do it after citizenship is completed. hope he don't get married before she can apply. I have disused the possibility of me retiring to Ukraine but that's another 12 years away.