K-2 petition status change

[JimVaPhuong 4,865]

The consulate can extend the validity of the petition approval in four month increments, but they can't continue to do this forever. If the K1 doesn't appear for a visa interview within one year of the original petition approval then they have to consider the petition to have been abandoned, and send it back to USCIS. Your fiancee can reschedule the interview in order to give you more time. Just understand that she can't keep this up indefinitely.

My wife and I had a similar situation with her daughter. She was getting resistance from her ex-husband in signing a quit claim. We considered a bribe, but she wanted to try a different tactic first. She sent her eldest daughter (who was not immigrating) to talk to her ex-husband. He conceded and signed the letter. In the end, it wouldn't have made much difference. The interview was scheduled two weeks before my step-daughter's 18th birthday. If he'd said no then we could have rescheduled the interview until after she was 18.

[spectec 12]

The consulate can extend the validity of the petition approval in four month increments, but they can't continue to do this forever. If the K1 doesn't appear for a visa interview within one year of the original petition approval then they have to consider the petition to have been abandoned, and send it back to USCIS. Your fiancee can reschedule the interview in order to give you more time. Just understand that she can't keep this up indefinitely.

My wife and I had a similar situation with her daughter. She was getting resistance from her ex-husband in signing a quit claim. We considered a bribe, but she wanted to try a different tactic first. She sent her eldest daughter (who was not immigrating) to talk to her ex-husband. He conceded and signed the letter. In the end, it wouldn't have made much difference. The interview was scheduled two weeks before my step-daughter's 18th birthday. If he'd said no then we could have rescheduled the interview until after she was 18.

Thanks for the info on extending the petition validity. We are going to get a person of whom he will listen (his mom) to talk to him and maybe this will work. Unfortunately her son is 3 and to wait 13 years until he is 16 is not an option. I want them to come to me!!!!!

[Gary and Alla 3,696]

I appreciate and share your concerns for the child. I was searching for all of the options available and thats why I made this post. With that said I have a few additional questions.

How do we apply for the K-2 after? Another I-129F or just contact consulate in Kiev?

What is the maximum delay you feel they would give for the K-1 interview?

You do not need another petition. You call the consulate and schedule the interview when you are ready, use the same KEV number as for your fiancee.

You MUST apply for the K-2 within ONE YEAR of the issuance of the K-1. If your fiancees visa is issued February 10, 2012 you MUST have the K-2 issued BEFORE February 9, 2013. One year is the longest they will accept.

Our K-2 to follow son was issued 10 months after Alla's with absolutely -0- problems.

You make the appointment and apply using exactly the same procedure you did for your fiancee. Medical exa, application forms, documents, I-134. You do NOT have to prove relationship but you DO have to prove he is her son (birth certificate in Kiev, DNA tests at some consulates)

[Gary and Alla 3,696]

Thanks for the info on extending the petition validity. We are going to get a person of whom he will listen (his mom) to talk to him and maybe this will work. Unfortunately her son is 3 and to wait 13 years until he is 16 is not an option. I want them to come to me!!!!!

I do not know the situation so see if I am correct.

Ukrainian women are usually pretty loyal wives particularly when they have children. If she divorced him it is because he has a problem. This usually involves alcohol in Ukraine. It did for Alla's ex who was basically AWOL for years and then got suddenly interested when she was going to be leaving for the US. Imagine that.

He owed her child support, big suprise. We simply offered to absolve him of all child support, past, present and future if he signed the letter. She swore to have him prosecuted if he did not. He agreed to the letter. We had an attorney (Alla's divorce attorney) write up both the permission letter and the document releasing him of the child support liability. This had to be filed with the court but was no big deal. we fell like we "traded" something we were never going to get anyway, he is free to chase young women and bang them two at a time which was his preferred hobby.

They met at the lawyers office and signed everything at the same time. It took a couple months to do and we filed the petition shortly after.

[Gary and Alla 3,696]

Thanks for the info on extending the petition validity. We are going to get a person of whom he will listen (his mom) to talk to him and maybe this will work. Unfortunately her son is 3 and to wait 13 years until he is 16 is not an option. I want them to come to me!!!!!

I am also going to strongly suggest you do not have your fiancee come before, leaving behind a 3 year old. I am surprised she would consider it but I promise you, you will both be miserable if the child is not with her. Alla is bad enough about our 21 year old son away at college...and he would be away at college even if we were still in Ukraine!

You will have plenty to do when they arrive, it is stressful enough.

I would postpone the interview until it was sorted out...just me.

[pushbrk 14,055]

I would postpone the interview until it was sorted out...just me.

And me.

[spectec 12]

I am also going to strongly suggest you do not have your fiancee come before, leaving behind a 3 year old. I am surprised she would consider it but I promise you, you will both be miserable if the child is not with her. Alla is bad enough about our 21 year old son away at college...and he would be away at college even if we were still in Ukraine!

You will have plenty to do when they arrive, it is stressful enough.

I would postpone the interview until it was sorted out...just me.

Well sometimes you consider crazy things when you want something so bad. No worries. I told her I wont allow her to come unless the child comes with her. I thought the application for the petition was going to be the difficult part of this process but it turns out the decisions behind it all are the toughest to make.

[Gary and Alla 3,696]

Well sometimes you consider crazy things when you want something so bad. No worries. I told her I wont allow her to come unless the child comes with her. I thought the application for the petition was going to be the difficult part of this process but it turns out the decisions behind it all are the toughest to make.

IMO good decision.

Alla has been here 3+ years and I do not regret postponing her arrival at least 6 months from what it could have been but for our conservative decisions based on our need to protect the children, for example, she never said a word about her plans at work until the visa was in her hand and then gave a 1 month notice. But had they found out before they may have fired her and then what? No visa, no job... kids to feed. Once she had the visa, if they fired her, hey, jump on the plane and get here! All that time quickly fades from your memory, it is nothing really. I mean REALLY.

Always put the child first and she will consider you GOLD. Always put the child first. make the child your pride and joym make the child your hobby, your pleasure, your interest and you will always be happy.

The hard part will be after she gets here, do not kid yourself. You will need the patience of a Saint. Get some ESl classes lined up for her, she will need it even if she already speaks English. Gives her something to do and gets her out of the house.

[spectec 12]

I do not know the situation so see if I am correct.

Ukrainian women are usually pretty loyal wives particularly when they have children. If she divorced him it is because he has a problem. This usually involves alcohol in Ukraine. It did for Alla's ex who was basically AWOL for years and then got suddenly interested when she was going to be leaving for the US. Imagine that.

He owed her child support, big suprise. We simply offered to absolve him of all child support, past, present and future if he signed the letter. She swore to have him prosecuted if he did not. He agreed to the letter. We had an attorney (Alla's divorce attorney) write up both the permission letter and the document releasing him of the child support liability. This had to be filed with the court but was no big deal. we fell like we "traded" something we were never going to get anyway, he is free to chase young women and bang them two at a time which was his preferred hobby.

They met at the lawyers office and signed everything at the same time. It took a couple months to do and we filed the petition shortly after.

Yes alcohol and drugs were t blame for their divorce and he hasn't paid a penny or griv since the divorce to support the child. He has visitation with the child basically through his mother who is always the one who requests the visit. I don't even know if he spends any time with the child.

We have already discussed forcing him to pay back owed child support if he doesn't agree but I'm debating if it's a good idea for her to see a lawyer to bargain as I really am worried this will end up in court for a long time. I wonder if he is smart enough even to take such a deal. He has already mentioned he wants to talk to an attorney to know the facts and I suppose his rights of the situation. I told my fiancée I would like to make the first move on this but she wants to try to keep it civil so it doesn't end up in court.In any case he doesn't have the money to hire an attorney to fight her. I think he will realize it when he speaks to one and hopefully he or she will explain to him he needs to sign the agreement.

Also I am wondering if he will want visitations to be a part of this deal. Maybe one or two a year but it would be expensive to make this trip twice a year. Did Alla offer to bring the child back for visitation? If visitation was part of the deal would it be appropriate to make this part of the quit claim or should it be a separate agreement.

I want to thank everyone for all of your help. It's really appreciated.

[Gary and Alla 3,696]

Yes alcohol and drugs were t blame for their divorce and he hasn't paid a penny or griv since the divorce to support the child. He has visitation with the child basically through his mother who is always the one who requests the visit. I don't even know if he spends any time with the child.

We have already discussed forcing him to pay back owed child support if he doesn't agree but I'm debating if it's a good idea for her to see a lawyer to bargain as I really am worried this will end up in court for a long time. I wonder if he is smart enough even to take such a deal. He has already mentioned he wants to talk to an attorney to know the facts and I suppose his rights of the situation. I told my fiancée I would like to make the first move on this but she wants to try to keep it civil so it doesn't end up in court.In any case he doesn't have the money to hire an attorney to fight her. I think he will realize it when he speaks to one and hopefully he or she will explain to him he needs to sign the agreement.

Also I am wondering if he will want visitations to be a part of this deal. Maybe one or two a year but it would be expensive to make this trip twice a year. Did Alla offer to bring the child back for visitation? If visitation was part of the deal would it be appropriate to make this part of the quit claim or should it be a separate agreement.

I want to thank everyone for all of your help. It's really appreciated.

There was no offer of visitation. He has no interest in the children and never attempts to contact them. When we visit we make an effort to get them together for a visit which usually ends up with him drunk and sleeping and they just leave and come back to our apartment. Sergey is 21 now, if he wants to visit he can. Sergey is coming here for his winter break at school so what do you think? Pasha is going on 17 now. He will probably try to see him when we go in the summer. We have been going twice per year, and Sergey is going to school n Moscow and goes back to Donetsk 2-3 times per year to see Bahbushka.

This winter Sergey is comong here instead of us going there in the winter. We will go there in the summer.

You do not want to put any of these agreements in the permission letter, it needs to be a clean letter. If there is to be any agreements, make those separately and the letter becomes part of the "consideration"

Ukrainian lawyers are not so quick to go to court. They do not get paid like US attorneys. A lawyer may be able to convince him.

He is the typical divorced Ukrainian man. He wants money for drugs and booze. You can also offer him a cash bribe. Average Ukrainian income is less than $5000 per year, a drug addict/alcoholic probably makes half that, so bribes come relatively cheap.

Edited December 20, 2011 by Gary and Alla

[spectec 12]

There was no offer of visitation. He has no interest in the children and never attempts to contact them. When we visit we make an effort to get them together for a visit which usually ends up with him drunk and sleeping and they just leave and come back to our apartment. Sergey is 21 now, if he wants to visit he can. Sergey is coming here for his winter break at school so what do you think? Pasha is going on 17 now. He will probably try to see him when we go in the summer. We have been going twice per year, and Sergey is going to school n Moscow and goes back to Donetsk 2-3 times per year to see Bahbushka.

This winter Sergey is comong here instead of us going there in the winter. We will go there in the summer.

You do not want to put any of these agreements in the permission letter, it needs to be a clean letter. If there is to be any agreements, make those separately and the letter becomes part of the "consideration"

Ukrainian lawyers are not so quick to go to court. They do not get paid like US attorneys. A lawyer may be able to convince him.

He is the typical divorced Ukrainian man. He wants money for drugs and booze. You can also offer him a cash bribe. Average Ukrainian income is less than $5000 per year, a drug addict/alcoholic probably makes half that, so bribes come relatively cheap.

Sounds like you have a very successful relationship and very good family ties. I'm happy for you. I hope mine ends up as good.

Even though we haven't even received the NOA2 yet I suppose if he doesn't agree to sign in the next few weeks she will speak with an attorney to get the process moving. It seems time will be short after we receive the NOA2 and I don't want to be caught in a rush to obtain the document.

[Gary and Alla 3,696]

Sounds like you have a very successful relationship and very good family ties. I'm happy for you. I hope mine ends up as good.

Even though we haven't even received the NOA2 yet I suppose if he doesn't agree to sign in the next few weeks she will speak with an attorney to get the process moving. It seems time will be short after we receive the NOA2 and I don't want to be caught in a rush to obtain the document.

I am the luckiest man on earth! I have a wonderful, drop dead gorgeous wife and 4 great sons! And 2 grandsons!

Good luck