Visa conditions

[Twinkles 10]

Hi all,

I applied for a K1 Visa, my Son i included in that process, He is 16 years old. We both had our Medicals and our Embassy Interviews, which is now pending our Medical results.

The Medical Dr has told me she will be forwarding our reports to the Embassy over the next couple of days.

So i guess im an inch to us receiving our Visas and passports back...yay freaking yay!

My question is, am i right to understand that my Son does not have to follow me right now to America.

How long is he allowed to stay behind in England, before his Visa expires?

Due to Medical circumstances for him, is there a way to postpone his actual leaving cut off date further? or will it be a case of us having to reapply for a new Visa for him, if he does miss the cut off date?

Thx

[VanessaTony 3,567]

I believe that he has a year to get the visa from the date his mother gets hers. In your case though where his interview is at the same time he'll get his visa and he'll have 6 months to use it.

[Penguin_ie 6,000]

If a visa is issued to him, then he has 6 months to use it. If no visa is issued to him at this time, then he has 1 year to apply for one under the "follow to join" rules.

[Twinkles 10]

Thanks for the responses.

I just want to clarify my last question.

If he gets issued his Visa and it expires in 6 months, is there anyway that 6 months can be extended due to medical circumstances, if needed? Or is it a standard expiry of 6 months no matter the leaving delay?

Im asking because it is looking highly likely he will...

1/ Get his Visa at the same time as me

2/ Be delayed in England further than the 6 months expiry.

If he is delayed beyond the 6 months, what will be our best approach for him to join me then be?

Or should i be toying with the idea of taking him with me and trigger his Visa and then return him to England, so he can finish up his loose ends here and then follow permanently when he is able. But if i did that, i assume he would be under certain restrictions before being able to fly out of America?

Hard to know what the best thing to do here is ugh...

[Penguin_ie 6,000]

How much longer than 6 months will it take? Depending on what route you take, there may be issues if he is older than 18 when trying to enter the USA.

Visas cannot be extended, but they can be re-issued prior to expiration, usually for another 6 months. This is totally up to the embassy; some do it easily, others only in very strict circumstances. If you can prove with doctor's letters that he cannot travel, or that medical care for him is superior in the UK, then I think you have a very good chance of getting the visa re-issued, though there may be a fee or he may need to do the medical again and pay for it. If he travels to the USA with you, as the K2 visa is a one-time entry, I believe he would need to wait till you are married and have done AOS or at least get AP (around 3 months), and even then it could be problematic if he returns to the UK for longer than 6 months.

What I'd do is wait to see if and when his visa will be issued and when the expiration on the original visa is. Then consider your options.

[JimVaPhuong 4,864]

How much longer than 6 months will it take? Depending on what route you take, there may be issues if he is older than 18 when trying to enter the USA.

Visas cannot be extended, but they can be re-issued prior to expiration, usually for another 6 months. This is totally up to the embassy; some do it easily, others only in very strict circumstances. If you can prove with doctor's letters that he cannot travel, or that medical care for him is superior in the UK, then I think you have a very good chance of getting the visa re-issued, though there may be a fee or he may need to do the medical again and pay for it. If he travels to the USA with you, as the K2 visa is a one-time entry, I believe he would need to wait till you are married and have done AOS or at least get AP (around 3 months), and even then it could be problematic if he returns to the UK for longer than 6 months.

What I'd do is wait to see if and when his visa will be issued and when the expiration on the original visa is. Then consider your options.

Being over 18 would only be an issue if they were applying for a CR1, in which case they would need to have married before the child was 18 in order for him to be eligible as a derivative. A K2 is eligible as a derivative until age 21, but absolutely must complete AOS before age 21 (i.e., AOS approved). The CSPA doesn't protect a K2 from aging out.

To the OP, in retrospect it probably would have been better to hold off on applying for your son's visa. He could have applied for his K2 up to a year after you got yours. The only hitch is that the medical is only valid for one year. If the medical has less than six months validity remaining when the visa is issued then the visa will not be valid for a full six months. It will be set to expire when the medical expires. The best way to address this is not to have the medical until shortly before he applies for the visa.

Anyway, that's water under the bridge...

The K2 visa will only be valid for six months. If your son cannot travel to the US before it expires then he could apply to have the visa reissued, as Penguin_ie suggests. If the consulate doesn't approve this then you'd need to submit another petition. If you and your US citizen fiance marry before he's 18 then your spouse can petition for him as an immediate relative of a US citizen, which should take under a year from petition to visa. If he turns 18 before you're married then you'd have to wait until you got your green card, and then you would petition for him as the child of an LPR, which means you'd have to wait an extra six months for his priority date to become current, according to the latest visa bulletin.

[Twinkles 10]

Being over 18 would only be an issue if they were applying for a CR1, in which case they would need to have married before the child was 18 in order for him to be eligible as a derivative. A K2 is eligible as a derivative until age 21, but absolutely must complete AOS before age 21 (i.e., AOS approved). The CSPA doesn't protect a K2 from aging out.

To the OP, in retrospect it probably would have been better to hold off on applying for your son's visa. He could have applied for his K2 up to a year after you got yours. The only hitch is that the medical is only valid for one year. If the medical has less than six months validity remaining when the visa is issued then the visa will not be valid for a full six months. It will be set to expire when the medical expires. The best way to address this is not to have the medical until shortly before he applies for the visa.

Anyway, that's water under the bridge...

The K2 visa will only be valid for six months. If your son cannot travel to the US before it expires then he could apply to have the visa reissued, as Penguin_ie suggests. If the consulate doesn't approve this then you'd need to submit another petition. If you and your US citizen fiance marry before he's 18 then your spouse can petition for him as an immediate relative of a US citizen, which should take under a year from petition to visa. If he turns 18 before you're married then you'd have to wait until you got your green card, and then you would petition for him as the child of an LPR, which means you'd have to wait an extra six months for his priority date to become current, according to the latest visa bulletin.

Thanks for the replies.

Unfortunately Jim, we did not have a crystal ball in October last year, when we all started this process.

Up until a week ago, the plan was, my Son would be flying out with me.

But life has its ups and downs and we have to adapt now, the best we can, to this new situation.

He turns 17 years old in January, by which time, we hope to have tied the knot by then.

Im just wondering if i should just accept his Visa, sit it on the fireplace and hope we can make that 6 month deadline. Or do i let the Embassy know now, that we may be going over that deadline and the reasons for that will be on medical grounds. I just want to be able to reassure my Son that this delay, even if it does go over the 6 month deadline, can and will be sorted out.

Its no problem at all, if it means, he will have to re do the medical etc. I just would love to be able to reassure him and myself before i leave, that we are not going to be eternally torn apart.

Im leaving him in good hands here. So how long the actual process takes to iron his side out, at the end of the day, is not a problem. For me. his health and well being is paramount.

By what you all have said here, this parting of the ways, will only be temporary. Thats great to know! thanks

[baron555 934]

Thanks for the replies.

Unfortunately Jim, we did not have a crystal ball in October last year, when we all started this process.

Up until a week ago, the plan was, my Son would be flying out with me.

But life has its ups and downs and we have to adapt now, the best we can, to this new situation.

He turns 17 years old in January, by which time, we hope to have tied the knot by then.

Im just wondering if i should just accept his Visa, sit it on the fireplace and hope we can make that 6 month deadline. Or do i let the Embassy know now, that we may be going over that deadline and the reasons for that will be on medical grounds. I just want to be able to reassure my Son that this delay, even if it does go over the 6 month deadline, can and will be sorted out.

Its no problem at all, if it means, he will have to re do the medical etc. I just would love to be able to reassure him and myself before i leave, that we are not going to be eternally torn apart.

Im leaving him in good hands here. So how long the actual process takes to iron his side out, at the end of the day, is not a problem. For me. his health and well being is paramount.

By what you all have said here, this parting of the ways, will only be temporary. Thats great to know! thanks

Yes yes yes, you need to contact the Embassy and you need to make a decision. You should have indicated to the Embassy on the DS-156K form, assuming you needed that for your Embassy (every country can be different) anyway, on that form you will inform the Embassy whether you want him to Come with (6 months visa) or To Join (actually he will go for his interview, withing 1 year and then get his visa). Sounds like if he was interviewed, you guys indicated Come with. So, he will be issued a 6 month visa. You need to act quickly so they don't issue the 6 month visa now and tell them you want to wait and re-interview him later within 1 year and then issue him a visa.

As stated having him come to the US now, then you guys will have to AOS and get him either his AP or GC whereupon he can return.

Or you abandon everything, he stays, and then it gets really complicated if he is over 18 years because the visas and who can apply, become more complicated.

Why can't he just come to the US and get his medical work done here?

[Gary and Alla 3,694]

I believe that he has a year to get the visa from the date his mother gets hers. In your case though where his interview is at the same time he'll get his visa and he'll have 6 months to use it.

Yes. If he gets the visa WITH you it is valid for 6 months. He can receive his visa within 12 months of yours....ie, he coud wait just under 12 months, get his visa issued and then the visa will be vald for 6 months. He could, then, delay his arrival in the US for up to 18 months from you.

Once your visa is issued, you simply call the consulate and schedule an interview for him when you are ready.

Bad news? His medical exam needs to be within 12 months of his AOS filing, so if you delay too long he may need another medical exam.

We did one of each. One of our sons came with Alla, the other followed 10 months later because of education. No problems.

[Gary and Alla 3,694]

How much longer than 6 months will it take? Depending on what route you take, there may be issues if he is older than 18 when trying to enter the USA.

Visas cannot be extended, but they can be re-issued prior to expiration, usually for another 6 months. This is totally up to the embassy; some do it easily, others only in very strict circumstances. If you can prove with doctor's letters that he cannot travel, or that medical care for him is superior in the UK, then I think you have a very good chance of getting the visa re-issued, though there may be a fee or he may need to do the medical again and pay for it. If he travels to the USA with you, as the K2 visa is a one-time entry, I believe he would need to wait till you are married and have done AOS or at least get AP (around 3 months), and even then it could be problematic if he returns to the UK for longer than 6 months.

What I'd do is wait to see if and when his visa will be issued and when the expiration on the original visa is. Then consider your options.

Age is not an issue for the K-2 as long as he is under age 21. If under age 18 when his mother marries the petitioner (regardless of where HE is when it happens) he is the official step-child of the US citizen and will have the option to file for a CR-2 up to age 21 if something changes with the K-2. They have the kid covered 2 ways until age 21 at this point.

[Gary and Alla 3,694]

Thanks for the replies.

Unfortunately Jim, we did not have a crystal ball in October last year, when we all started this process.

Up until a week ago, the plan was, my Son would be flying out with me.

But life has its ups and downs and we have to adapt now, the best we can, to this new situation.

He turns 17 years old in January, by which time, we hope to have tied the knot by then.

Im just wondering if i should just accept his Visa, sit it on the fireplace and hope we can make that 6 month deadline. Or do i let the Embassy know now, that we may be going over that deadline and the reasons for that will be on medical grounds. I just want to be able to reassure my Son that this delay, even if it does go over the 6 month deadline, can and will be sorted out.

Its no problem at all, if it means, he will have to re do the medical etc. I just would love to be able to reassure him and myself before i leave, that we are not going to be eternally torn apart.

Im leaving him in good hands here. So how long the actual process takes to iron his side out, at the end of the day, is not a problem. For me. his health and well being is paramount.

By what you all have said here, this parting of the ways, will only be temporary. Thats great to know! thanks

You do not have to tell the embassy anything now. He does not need to go with you to the interview. When YOU go, you list him on your visa application as a child "to follow". He will go for his interview later.

Another option, possibly available (depends on the consulate) is to go to the interview now but delay the issuance of his visa for up to 12 months, but approved on this interview. This is commonly done by many consulates. You can ask them this at the interview. If they will...fine. If not, then just don;t do his application and interview at that time. If they do this, then he will return to the consulate at a later date, turn over his passport and get the visa put it in and still have 6 months from the issuance of his visa.

There is no need to paint yourself into a corner with a visa expiration, a K-2 to follow is really simple and easy to do.

[Twinkles 10]

You do not have to tell the embassy anything now. He does not need to go with you to the interview. When YOU go, you list him on your visa application as a child "to follow". He will go for his interview later.

Another option, possibly available (depends on the consulate) is to go to the interview now but delay the issuance of his visa for up to 12 months, but approved on this interview. This is commonly done by many consulates. You can ask them this at the interview. If they will...fine. If not, then just don;t do his application and interview at that time. If they do this, then he will return to the consulate at a later date, turn over his passport and get the visa put it in and still have 6 months from the issuance of his visa.

There is no need to paint yourself into a corner with a visa expiration, a K-2 to follow is really simple and easy to do.

Hi Gary and Alla,

He has already had his interview. We both passed but it was pending the Embassy receiving our delayed medical results. We are just awaiting the Embassy to decide if they require any more info from us since they received our medical reports.

They did warn me they may want more information. I of course asked what that might entail.

Worst scenario they said on the further info front, was they would ask that we would have to be medically insured. Fair enough, My health is complex so we will need medical insurance anyways.

Although my Fiance says i cant go on his employers insurance until we are married...so we are unsure as to how the Embassy would expect us to do this before issue of the K1. Im sure we will not have been the first, were the Embassy wants medical insurance assurance. Maybe in those cases were it is demanded by the Embassy they are allowed to be married and have to prove at a later stage that the fiance is medically insured is my guess. But im just a noob so whada i know! Anyways im digressing, like i said so far, nothing further has been requested. They told me they may ask, they may not..Crystal ball time again

All i am sure of is, that i know they have our medical reports now sitting on their desks.

It could even be, that they are fully satisfied now and that our visas are possibly being printed as i type.

Now since we had our embassy interviews back in July, there is a change of plans, in regards to my Son leaving with me.

Which is why im starting to think, i should let the Embassy know my Son will follow me on, explain our new situation and request they dont print his visa with mine.

This does seem to be the best approach, since i cant be sure, he will be ready in less than 6 months to follow me.

NHS dont offer crystal balls here heh.

I got balls on the brain