k-2 visa experation

[boston05 1]

hi everyone

i cant seem to get a straight answer, my now wife came in on k-1 visa , her 3 year old was given a k-2. her k-1 , expires october 9th,06, that is not a concern now that we are married and have filed i-485. the question i have is that her sons visa expires october 9th,06 . we are waiting for her i-131 ap to come in so that we can go back to colombia and get him . we were under the impression that the k-2 visa holder can follow k-1 visa holder up to one year ? what do we do if the a/p does not come back in time ? does the k-2 visa expire ,when the k-1 visa expires? i called the visa center and they are just customer service people , they can give you no specific answers, just frustrating. need help and info ,asap. thanks jon

[Mew 0]

Children Have Derivative Status

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

- bolded by me.

Source: http://travel.state.gov/visa/immigrants/ty...types_2994.html

"Family Second Preference: A category of family immigration (F2) for spouses, children and unmarried sons and daughters of lawful permanent residents." source: http://travel.state.gov/visa/frvi/glossary...363.html#family

So... I'm only guessing, but I think if the child can't follow within a year after the K1's been issued, an F2 would be needed.

Edited August 23, 2006 by Mew

[raymaga 25]

My daughter (K-2 Visa) followed me to the U.S. after I received my K-1 Visa.

I received my K-1 Visa on June 10, 2004.

That meant my daughter must receive her K-2 Visa before June 10, 2005. She received her K-2 Visa on May 26, 2005. The K-2 Visa is good for 6 months (just like the K-1 Visa) and my daughter came to the U.S. on September 5, 2005. But she would have been able to use it up until November 25, 2005 (6 months from issuance of her K-2 Visa).

In other words, the K-2 Visa must be issued within one year of the parent's K-1 Visa, and then the K-2 Visa is valid for 6 months.

From looking at your timeline, I would say there is a very good possibility your wife will have her AP in time to go and get her son before October 9th, 2006.

PM me if you have any questions.

Good luck.

Edited August 23, 2006 by raymaga

[pj1959us 0]

hi everyone

i cant seem to get a straight answer, my now wife came in on k-1 visa , her 3 year old was given a k-2. her k-1 , expires october 9th,06, that is not a concern now that we are married and have filed i-485. the question i have is that her sons visa expires october 9th,06 . we are waiting for her i-131 ap to come in so that we can go back to colombia and get him . we were under the impression that the k-2 visa holder can follow k-1 visa holder up to one year ? what do we do if the a/p does not come back in time ? does the k-2 visa expire ,when the k-1 visa expires? i called the visa center and they are just customer service people , they can give you no specific answers, just frustrating. need help and info ,asap. thanks jon

Since it sounds as if her son was provided a K-2 visa at the same time she received a K-1, the entry for her son must be within 6 months of receiving the K-2 visa (not 1 year) and would expire at the same time as the K-1.

I haven't been following how long it is taking for APs nowadays, but I would be prepared to schedule an Infopass around mid-September to see if she can be given an emergency AP (due to the upcoming expiration of the K-2 visa). Since you applied in late June, it might be tight scheduling travel and plans without knowing when she will be receiving it.

If you are unsuccessful at obtaining an emergency AP, is it possible for just you to travel there and bring her son back with you?

If neither of those scenarios are feasible, then I believe the only alternative would be to file for another visa for him after the K-2 expiration. More cost and time, but I believe since you were married to his mother before he turned 18 you can apply for a visa as his father.

Best of luck to you and hope it all works out.