K2 Return to Home Country for Custody Visit

[seagull64 0]

The son of my fiance is required by custody agreement, to return to Canada to visit his father twice a year.

My question is, after the K1 and K2 move to the US and I marry the K1, while we are waiting on adjustment of status, what will I have to do/fill out to enable the K2 to go back to Canada for visitation, and then return to the USA. Will this be a problem?

thanks

[Gary and Alla 3,694]

The son of my fiance is required by custody agreement, to return to Canada to visit his father twice a year.

My question is, after the K1 and K2 move to the US and I marry the K1, while we are waiting on adjustment of status, what will I have to do/fill out to enable the K2 to go back to Canada for visitation, and then return to the USA. Will this be a problem?

thanks

While wiating for AOS you can apply for an AP but that tales 2-3 months from the time of application to receive. You apply AFTER you are married and have a marriage certificate to file. So assuming you get married on day 2 and get your certificate on day 3 (doubtful but we had it within 2 weeks) then 2-3 months from then. The AP and Canadian passport are all he needs to come and go

Until then he cannot leave so best to work that out ahead of time.

You MAY be able to apply for an emergency AP, we actually did that for our son that had to adjust status and return fairly quickly for another reason. When you get your NOA1 for the AOS, make an infopass appointment at the local office and ask them if you can get an emergency AP. You could even make an infopass appointment now and ask ahead of time. I did that and knew exactly what to do for our son and they were expecting me.

The child will get a green card and use that to enter and return to/from Canada. If he will travel by air he will also need a Canadian passport. That's it.

Edited May 9, 2012 by Gary and Alla

[seagull64 0]

But its my understanding that there is a wait between the day that you get married, til the time he gets the green card.

I read where you can not leave the US during this period, without prior approval.

If you can only enter the US one time on a K2, and he is here but is waiting on the adjustment of status, how does he get out and then get back in?

[Darnell 8,478]

one of the cool bits when filing for an adjustment of status, is that there are optional forms.

One of the optional forms, Advanced Parole, will handle 'this' situation.

Otherwise, get the court orders amended to state 'when legally able to travel', asap.

[Gary and Alla 3,694]

But its my understanding that there is a wait between the day that you get married, til the time he gets the green card.

I read where you can not leave the US during this period, without prior approval.

If you can only enter the US one time on a K2, and he is here but is waiting on the adjustment of status, how does he get out and then get back in?

He cannot without prior approval. I edited my answer for the AP but even that is still a wait of some months.

the K-1 is not the best visa for everyone, perhaps you need to consider a CR-1/CR-2. Get married first and then get the visa which comes with a green card and the child can travel right away. The K-1 is faster toprocess for a reason...it does not include AOS. You are only half done when they get here.

[seagull64 0]

Great. Thanks for the quick reply.

[Gary and Alla 3,694]

one of the cool bits when filing for an adjustment of status, is that there are optional forms.

One of the optional forms, Advanced Parole, will handle 'this' situation.

Otherwise, get the court orders amended to state 'when legally able to travel', asap.

Covered, except AP requires some months to process also UNLESS he gets an emergency AP. We got one about 10 days after we applied for it, which was about 4 weeks after we sent our son's AOS. 2 weeks to get the NOA1, then an appointment and then 10 days to get the AP. He could have left the country after applying and they would send the AP to Russia if you chose. Whether they will do that for visitation is unknown. Have to ask at the local office.

If he is required to visit every two weeks and the father is going to be difficult about it, then best to go the CR-1/CR-2 route OR get a court order allowing him to defer visits until leaglly able to.

Best answer is to get two adults that care about the child's welfare in a room and make an agreement. Lawyers hate that, which is the best reason to do it.

Edited May 9, 2012 by Gary and Alla

[seagull64 0]

How long did it take for you from start to finish to get the Emergency AP?

[Gary and Alla 3,694]

Great. Thanks for the quick reply.

And I just read your post again. Twice a YEAR, I was thinking twice per month.

No problem, you can get the AOS done before then, just do not waste time.

[seagull64 0]

He only has to go back for a week at Christmas and a month in the summer.

[Gary and Alla 3,694]

How long did it take for you from start to finish to get the Emergency AP?

About 3-1/2 weeks. We sent his AOS (he came after Alla did) the day after he arrived (no marriage needed for a K-2 to follow) we waited about 2 weeks for the NOA1 to arrive. You need the NOA1 because you need to prove you have a "status" to protect. We made an infopass for the following day (our local office is not busy) and he had the AP within 10 days.

They said he could leave immediately after applying for the AP and they would send it to Russia and he could pick it up in Moscow for his return but that was not necessary. As it turned out we had his green card 3 days before he left to return to Russia so it was just an excerise, but I wanted to cover the bases. Our case was so he could attend school and had only a brief time here to adjust status. They considered that enough to get an "emergency AP"

I had made an infopass with them about 3 weeks before he arrived, sat down and said "Lookie here, this is the situation...what do I do?" I followed their instructions and had no problem. I did NOT file for the AP with his I-485, I brought the recipt for the I-485 and we did the AP (I-131) in the local office and THEY sent it in. They did the biometrics for the AP and the I-485 right then. At the same time they also called the NBC (National Benefits Center) and asked them to pull his file and send it immediately to our local office, (local offices process AOS) but that was an unexpected benefit. He had no interview but we spent more time in the local office with him than we did with my wife that DID have an interview. He had his green card in hand in less than 7 weeks from filing. About 5 weeks from when the local office requested the file.

He only has to go back for a week at Christmas and a month in the summer.

Unless he arrives after Halloween it should not be a problem. You can always delay his entry until after Christmas if it comes to that, the visa is valid for 6 months.