Timing for seperate travel of K-1 fiancee...

[PachucoBro 3]

My situation is the I am doing some pre-planning on bringing my possible new fiancee to the US using a K-1 visa. I have been through the K-1 process successfully once before several years ago, so I do have some experience filing the paperwork and all on my own.

My question deals with timing of the arrival/entry of my finacee and her 10 y/o son. I would like for my finacee and I to spend some time alone during the 90 days of her visa. This is at her suggestion, which I tend to agree with as there will be alot of adjustment going on and having a young boy along for that ride would make things more difficult. The plan is for her to get adjusted to life here and feel comfortable she can be the one her son can look to for questions once he comes.

The problem is once she is here she can not leave the country till after the AOS is completed, correct? Which could be about 6 months after entry at the soonest. What is the process to get her son here?

Should he be included on the K-1 visa?

Will his visa still be good by the time she can travel back to Colombia?

If he can't come on the K-1 at a later date, how much more time after we get married(within the visa 90 days) can we file a K-3? visa for her son by himself?

Any advice or additional questions for me are welcome.

Thanks.

[thelastpetitioner 218]

as im sure many VJ veterans will mention,k-1 visa is not a lets get you here and see if you can adjust type of visa.it usually gets nasty when that happens.

your fiance wont be able to leave until her AP ( advance parole ) is approved,correct.

he ( fiance's son ) needs his own visa,a k-2.

k-1 and k-2 are single entry visas,meaning ( as im sure you know ) they wont be able to leave the country until he has his AOS down.

k-3 is not a visa that you can request for a minor child of the beneficiary,its a marriage based visa.you can file up to one year after receiving your k-1 for your fiance's step son.

Edited November 3, 2010 by ygr

[PachucoBro 3]

as im sure many VJ veterans will mention,k-1 visa is not a lets get you here and see if you can adjust type of visa.it usually gets nasty when that happens.

Yes, I understand that... The adjustment wording is based on she needs to feel she know how to get around the US. Drive a car, speak some English, get a job, know how to do things around the house and around town AND also adjust to living with one another 24/7. This would all be very difficult if her and her 10 y/o son were both in the same boat. So, it is more of a let's get you adjusted to living here before bringing the lil guy here who is going to have all the same difficulties as her, but now she can help him adjust to life her because she has been through it.

k-3 is not a visa that you can request for a minor child of the beneficiary,its a marriage based visa.you can file up to one year after receiving your k-1 for your fiance's step son.

Ok, so let me get some more details here...

When can I petition for her son's K-2 visa? After she enters? After she get her AOS?

And for the K-2 the process time is the same as her K-1? (6 months)

This would be what I am trying to get in my head because obviously she will want her son to be with her as soon as possible. So, 3 months to get married, 3-6 months to get AOS, then 6 months to get K-2 visa for her son? That would be a total of 1 year from the time she entered the US on a K-1 to the time her son can arrive here in the US on a K-2....more or less?

[thelastpetitioner 218]

you can file with k-1,OR file up to a year after your k-1 has been approved.she doesnt have to wait till her AOS is approved to be able to apply for a k-2,cause again you will be the petitioner,the son will be the beneficiary.

you can apply for a k-1 and k-2 all together,and it will go through together so,your k-2 will take as long as you k-1,OR file whenever you want within a year time frame and it will take as long as a k-1 at that point would take ( keep in mind service have their cycles,where one goes through petitions like the speed of light the other goes months without a movement ,so its hard to say it will take exactly 6 or exactly 8 months )