Is my wife still considered k-1 holder after wedding

[mikefromga 0]

Everything must be done in the most difficult way. I had asked my fiancee several times to have her 19 year old daughter to apply for her k-2 at the same time of my wife's interview even though she did not want to move to the United States she would have her visa if she did change her mind. Well now she has changed her mind. We were married a month ago and have not yet filed for adjustment of status. The two options I see is to file for the K-2 or file to bring a relative over for a green card holder. Since we have not filed nor recieved her green I am thinking I should just file for the K-2. Since we are now married does my wife's status stay K-1 until the green card is issued? Any help will be appreciated. Thanks to all the members for the information on this site. We used it for the whole process and had no problems with anything.

[Gary and Alla 3,696]

Everything must be done in the most difficult way. I had asked my fiancee several times to have her 19 year old daughter to apply for her k-2 at the same time of my wife's interview even though she did not want to move to the United States she would have her visa if she did change her mind. Well now she has changed her mind. We were married a month ago and have not yet filed for adjustment of status. The two options I see is to file for the K-2 or file to bring a relative over for a green card holder. Since we have not filed nor recieved her green I am thinking I should just file for the K-2. Since we are now married does my wife's status stay K-1 until the green card is issued? Any help will be appreciated. Thanks to all the members for the information on this site. We used it for the whole process and had no problems with anything.

Her K-1 was CANCELLED when she entered the US. It is a single entry visa. Which makes no difference anyway, neither does her AOS status.

Her daughter is eligible to receive a K-2 for up to one year after your wifes K-1 was issued. Getting the K-2 at the same time would not have been a good idea if she had not decided yet anyway. They expire in 6 months, so better to wait until you need it.

Simply call the consulate, give the same case number and make an appointment for her daughter, no problem. We had one son come with Alla and one came 10 months later due to school issues, but it was no problem really. Youwill need toprovide her daughter with copies of your wifes K-1 visa, I-94, copy of the receipt for filing her AOS. K-2s are derivitive of K-1s so there is little to "prove" except that it IS her daughter and she DID get a K-1

She will go through the same visa application process at the consulate and AOS process as her mother but she would have anyway. There really is no downside to this for a child of this age. None.

Edited February 5, 2012 by Gary and Alla

[Kathryn41 3,205]

topic has been moved from Bringing Family Members of US Citizens to America forum as this is still a K-1 issue.