Children can no longer enter as K2?

[sunny_phil 1]

Hi VJ'ers,

I am currently freaking out right now!! I just got off the phone with USCIS and they told me something that blew my mind out. Now I feel like I am back to square one! Here's the detail.

We applied for K1 and K2 visa at the same time and were both granted. The expiry date on my K1 and my kids' K2 visas are the same. I entered the US and left my kids in the Philippines. Currently, I am awaiting decision on my AOS, EAD and AP. I am hoping to receive the AP and be able to travel back to my country to get my kids before their visa expires. Somehow, there is this feeling that the time is not enough between receiving my AP and being able to bring my kids over before their visa expiry. We've already called and requested to expedite processing of my AP.

Today I called USCIS again for another question regarding, port of entry. I cannot remember if any of the K2 forms asked about the port of entry. And if so, would like to ask what we need to do should we decide to opt for a different port of entry. This was my initial question when I called. Their answer was we just need to call the US Embassy in the Philippines to inform them of this and the decision to be admitted to the country is up to the Boarder Patrol.

Everything was alright, until I got transferred to another line and asked what my options are considering that I am still waiting for my AP so I can travel back home to get my kids under K2 before their visa validity expires. Then this lady, who sounded like she was eating, did not let me finish my question or did not even care to ask more details from me before giving her answers. Just before I was finish explaining my situation, she blurted out that my children can no longer enter the country as K2 and that my husband needs to file another form (I-130) so they can enter the country. That the children should have traveled with me. I was caught off guard and the only thing I could say was 'Oh, really' <in a low depressed tone>.

And now here I am, all freaked out and feeling like I am back to square one! So my questions are:

1. Was the information given to me by that lady at USCIS correct? If so, does this mean that the K2 we filed for my children are all but a waste of time and money? What about that information that "A K2 Visa holder (child of K1 Visa holder) may enter up to one year after the K1"?

3. Should we file for I-130, what are the estimated total filing fee for 2 kids (excluding travel fees)?

2. Aside from the request to expedite the AP, what are other options so that I can make sure I am able to leave and get the kids before their visas expire?

I feel really lost right now. Before, I felt very certain about what we were doing as far as processing this on our own but now it seems like I am back to square one. Please enlighten me with your own experiences and knowledge about how these things work.

Thank you!!

Edited March 6, 2012 by sunny_phil

[NigeriaorBust 4,087]

They don't call it the misinformation line for no reason. Take 3 deep breaths. Your children apparently already have their K2's and they are still valid. You need to talk to a level 2 or higher agent. I am sure someone will tell you how to get through now days.

[Leatherneck 693]

.

Edited March 6, 2012 by Leatherneck

[sunny_phil 1]

They don't call it the misinformation line for no reason. Take 3 deep breaths. Your children apparently already have their K2's and they are still valid. You need to talk to a level 2 or higher agent. I am sure someone will tell you how to get through now days.

The thing is, I was talking to a higher agent. I was transferred through to her because the first agent could not answer my question. I hope I am on the right path. :-(

.

I'm sorry but I did not understand the comment. Were you meaning to type something more?

[Enigma11561 336]

Your children have their visas. Nothing can take that away. They have an expiration date. As long as they arrive before that time you are ok. That woman is a jerk. If you think you will not get your AP in time, then do find a way of getting them on a plane with a friend or relative, if they are too young to travel alone.

BTW. As I understand it, a K2 "to follow" has one year to get their visa after the mother has gotten hers.Then they have the same 6 months to enter the U.S. Since you and your kids received them at the same time, you both have the same expiry date.

[VanessaTony 3,567]

How old are your children?

[Eve & Jim 4]

Make sure you check the expiration dates on the kids visas. According to the CDC TB protocol, the medical can only be valid for at most 6 months.

If they are still valid and you want someone to go get them, why not have your husband go get them? It might give him some good time to spend with them and help them to adjust to each other. I don't know the whole situation, but I know if me and my fiance were in that situation I would seriously want to consider it as an option.

Whatever you do, don't let the visa's expire, I'm dealing with that right now and it is a whole lot less than fun!

--Jim

[Leatherneck 693]

The thing is, I was talking to a higher agent. I was transferred through to her because the first agent could not answer my question. I hope I am on the right path. :-(

I'm sorry but I did not understand the comment. Were you meaning to type something more?

Sorry, my laptop was flipping out. My original comments are closed.

1. You got bad info from that person -- your children are able to enter with their K-2 visas.

2. Your kids already have visas, why the need to file I-130s? Do your children already have visas in their passports or do they still need to have visas issued by USEM?

3. Can a family member bring the children to you? Can someone travel with your children and meet you in Hawaii?

Edited March 6, 2012 by Leatherneck

[sunny_phil 1]

Your children have their visas. Nothing can take that away. They have an expiration date. As long as they arrive before that time you are ok. That woman is a jerk. If you think you will not get your AP in time, then do find a way of getting them on a plane with a friend or relative, if they are too young to travel alone.

BTW. As I understand it, a K2 "to follow" has one year to get their visa after the mother has gotten hers.Then they have the same 6 months to enter the U.S. Since you and your kids received them at the same time, you both have the same expiry date.

Thank you very much for your input. It made me feel a lot better. I knew and felt I was on the right track. But to hear something like that from someone who has authority to answer questions and whom you expect should know more, is nerve wrecking! One misinformation can blow you off regardless how many times you have read and reread to make sure everything is done and filed right.

Yes they are only 7 and 4 so they cannot travel alone. Should we have someone travel with them instead, isn't it that the person has to have like some sort of a visa too?

Yeah, I have read of that too probably a hundred times. And it does not make sense if the K2 visa gets invalidated after the K1 has arrived in the US and has processed AOS. If this is the case, they should not have posted something to the idea of having a year to process K2 after K1 gets her visa.

[sunny_phil 1]

How old are your children?

7 and 4 years old

[VanessaTony 3,567]

7 and 4 years old

Okay. I asked in case they had "aged out" but they're WELL below that age.

The "year to follow" means that you have a year from the date your get your K1 visa to get them K2 visas (which would then be valid for 6 months). If they already HAVE their K2 visas they're typically valid for 6 months (can be less depending on medical results).

Double check the expiry dates on the visas (one VJ member recently found out that their visas were expired - short period due to medical results - as they tried to board the plane). If they have expired then yes your husband will need to file i-130's for his step-children. By your post though it doesn't look like you should have any issue.

Edited March 6, 2012 by Vanessa&Tony

[sunny_phil 1]

Make sure you check the expiration dates on the kids visas. According to the CDC TB protocol, the medical can only be valid for at most 6 months.

If they are still valid and you want someone to go get them, why not have your husband go get them? It might give him some good time to spend with them and help them to adjust to each other. I don't know the whole situation, but I know if me and my fiance were in that situation I would seriously want to consider it as an option.

Whatever you do, don't let the visa's expire, I'm dealing with that right now and it is a whole lot less than fun!

--Jim

Their visa validity has always been stuck in my head. You just brought up something I need to check again, their medical expiry. Is based on the Exam date or the last date of the exam? Either way I think they will pass this time frame. :-(

Other than the fact that I want to get my kids myself, I think it will be more of a hassle if I have my husband get them. I have little information as to what papers to get for my husband to do this. And I did not research further since this was an avenue I was not considering. But now that you have pointed that out, I may take time to reconsider this option.

[sunny_phil 1]

Sorry, my laptop was flipping out. My original comments are closed.

1. You got bad info from that person -- your children are able to enter with their K-2 visas.

2. Your kids already have visas, why the need to file I-130s? Do your children already have visas in their passports or do they still need to have visas issued by USEM?

3. Can a family member bring the children to you? Can someone travel with your children and meet you in Hawaii?

I knew you were meaning to write something very helpful! And it is!

Yes, they already have their visas. It's with me actually.

I am interested to know about your comment on traveling to Hawaii to meet them there. What kind of visa should the person who will be traveling with my kids have? I appreciate if you can expound on this further.

[Leatherneck 693]

For someone to bring your children to you, like Hawaii, so you are not exiting the US -- that person will need a B1/B2 visa to enter the US or some other visa.

Edited March 6, 2012 by Leatherneck

[sunny_phil 1]

Okay. I asked in case they had "aged out" but they're WELL below that age.

The "year to follow" means that you have a year from the date your get your K1 visa to get them K2 visas (which would then be valid for 6 months). If they already HAVE their K2 visas they're typically valid for 6 months (can be less depending on medical results).

Double check the expiry dates on the visas (one VJ member recently found out that their visas were expired - short period due to medical results - as they tried to board the plane). If they have expired then yes your husband will need to file i-130's for his step-children. By your post though it doesn't look like you should have any issue.

Yes they are well below that age. Now the time is more pressing as the medical expiry is nearing. It is closer than their visa expiry. I got to find a way to at least make them enter the closest US state. Just have to see who can travel with them.