K-2 to follow-not sure what to do

[REINITA♥REY 8]

Hi All,

My Fiances son, 8 years old, will be coming on a K-2 after my fiance comes. We would like him to be here in time for next school year start, Aug 2011. My concern is when to have the K-2 issued. We have not yet received the NOA2 for the K1...I am hoping soon or at least it will be completed by Dec/Jan. I believe if we have the K2 issued the same time as the K1, then the K2 has 6 months to use. If the K2 is not issued at the same time, we have 1 year to have it issued. We would prefer to go back to Peru to escort the son into the US....my concern is that my Fiances AOS will not be processed in time thus not being able to travel in/out of the US. Exactly what document allows the beneficiary to travel in/out of the US and what is the time frame for issuance? Of course we will be married ASAP, but the date is up in the air not knowing exactly when the K1 will be approved. Please let me know any thoughts or if you have experienced anything similar. Thank You!

[JimVaPhuong 4,863]

Hi All,

My Fiances son, 8 years old, will be coming on a K-2 after my fiance comes. We would like him to be here in time for next school year start, Aug 2011. My concern is when to have the K-2 issued. We have not yet received the NOA2 for the K1...I am hoping soon or at least it will be completed by Dec/Jan. I believe if we have the K2 issued the same time as the K1, then the K2 has 6 months to use. If the K2 is not issued at the same time, we have 1 year to have it issued. We would prefer to go back to Peru to escort the son into the US....my concern is that my Fiances AOS will not be processed in time thus not being able to travel in/out of the US. Exactly what document allows the beneficiary to travel in/out of the US and what is the time frame for issuance? Of course we will be married ASAP, but the date is up in the air not knowing exactly when the K1 will be approved. Please let me know any thoughts or if you have experienced anything similar. Thank You!

Your fiancee/wife will not be able to leave the US and be able to return until she gets either her green card or advance parole. You can apply for advance parole at the same time you apply for the green card. The time frame depends on how fast or slow the processing is at the time. My wife's AP took about 2 months.

You should understand that there will be two simultaneous processes going on, each at it's own pace, and you will have no control over the timing of the events. The AOS and AP will be processed by USCIS, and the K2 visa application will be processed by the US consulate. Once the AOS package is submitted you won't have any control over when the AP document is issued. You may also be scheduled for an AOS interview, and you won't have any control over when the interview is scheduled. Once you submit the K2 visa application then you won't have any control over when the visa interview is scheduled. No matter how you time the submission of the applications, things may not happen in the timeframe you need them to happen. You may not get the AP before the visa interview is scheduled. Even if you do, your AOS interview might be scheduled at or around the same time as the visa interview. If you miss the AOS interview then the green card will be denied, and the AP will be canceled. You may not be able to get back into the US.

My wife's green card interview was scheduled only 12 days after she received the AP document. It would have been a stroke of sheer luck to have gotten a follow-to-join visa interview scheduled in advance within that 12 day window.

AOS usually doesn't take more than a few months for a K1. I would submit the AOS package and then see how things progress before submitting the K2 visa application to the consulate. There's a pretty good chance you'll get the green card and have plenty of time left to get the K2 visa.

[REINITA♥REY 8]

Thank you sooooo much! We will do just that!