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Dean_De

K2 question

By Dean_De in K-1 Fiance(e) Visa Process & Procedures

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Penguin_ie Grand Master

Penguin_ie   5,994

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

yes, within one year.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

Are children of K1 holder still entitle for a k2 visa application if and when the holder of the K1 visa already entered the states and get married w/n 90 days and if and when the K1 was already able to adjust status? Thank you everyone!

No. If you didn't list them on the DS-156K as To Follow (within one year of the issuance of the K-1 visa) then there is no way to have the Embassy know that you intended this.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Neonred Experienced

Neonred   3,573

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

As long as their names are on the DS-156, and they should be, they can interview for the K-2.

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baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

Are children of K1 holder still entitle for a k2 visa application if and when the holder of the K1 visa already entered the states and get married w/n 90 days and if and when the K1 was already able to adjust status? Thank you everyone!

Why dont' you give all the information for us to comment on?

Looking at your timeline, you haven't had your interview yet. Merely redo a new DS-156K form and list thost who you think may want to come to the US as a K-2 and list them as To Follow. Then you have 1 year to do this after her K-1 visa is issued. Whether you actually do this is up to you, you can just let it lapse and never schedule an interview for them....note that she may need to attend the interview with them....that's Embassy-specific. She can do all this even is she gets married here and AOSs.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

No. If you didn't list them on the DS-156K as To Follow (within one year of the issuance of the K-1 visa) then there is no way to have the Embassy know that you intended this.

The embassy/consulate doesn't need to know you intended to do this. If the child is eligible for a K2 then they can apply within one year of the K1 visa being issued. It does not need to be declared in advance to the embassy/consulate. The only time I've ever seen an issue made of this is when the child wasn't listed on the I-129F or the DS-156K, and the consulate questioned whether the petitioner was even aware that the beneficiary had a child. Declaring the child as follow to join on the DS-156K doesn't establish their eligibility for a K2, and not declaring the child as follow to join on the DS-156K doesn't make them ineligible for a K2.

This guy was told by an idiot lawyer as well as an idiot USCIS customer service rep that he had to file an I-130 in order for his step-son to come to the US because his K1 wife had already adjusted status. With a little advice and direction from VJ, he managed to get a K2 for his step-son from the consulate in Guangzhou.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Dean_De Rising Star

Dean_De   61

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted

Why dont' you give all the information for us to comment on?

Looking at your timeline, you haven't had your interview yet. Merely redo a new DS-156K form and list thost who you think may want to come to the US as a K-2 and list them as To Follow. Then you have 1 year to do this after her K-1 visa is issued. Whether you actually do this is up to you, you can just let it lapse and never schedule an interview for them....note that she may need to attend the interview with them....that's Embassy-specific. She can do all this even is she gets married here and AOSs.

They are written in the I-129F application and names so affixed in the I-134 affidavit of support from my fiance/

baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

They are written in the I-129F application and names so affixed in the I-134 affidavit of support from my fiance/

so.....why not list them on the DS-156K also? Sounds like you've got your answers.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

 
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