Entering on B2/VWP when you have a K1

[diamondfloor 10]

Hi All,

We are still waiting patiently for our NOA2 and in the meantime trying to figure out potential logistics issues. I have two kids coming with me to the US. But they will need to leave the US to spend time with their Dad over the summer. Could they enter the US on the VWP with a K2 in their passport then leave to visit their Dad and re-enter until AOS on their K2?

Anyone know? Anyone done this with their K1?

[americabidol 17]

Nope. If the K2 is in your kids passports then CBP official will make them use the K2 when entering. They cant use VWP/B2 to enter when they have a valid K2 VISA.

[Kastrs 723]

Nope. If the K2 is in your kids passports then CBP official will make them use the K2 when entering. They cant use VWP/B2 to enter when they have a valid K2 VISA.

[Penguin_ie 6,005]

Above answwers are correct. Depending on timing, you could go ahead and they could come after summer (the K2 is valid for 6 months after being issued), or you can go ahead and enter the USA, get married asap, file for AOS and AP , and about 3 months after filing they should be able to travel.

[Nich-Nick 3,355]

Hi All,

We are still waiting patiently for our NOA2 and in the meantime trying to figure out potential logistics issues. I have two kids coming with me to the US. But they will need to leave the US to spend time with their Dad over the summer. Could they enter the US on the VWP with a K2 in their passport then leave to visit their Dad and re-enter until AOS on their K2?

Anyone know? Anyone done this with their K1?

It's going to be summer before you get your visas so if the kids can fly unaccompanied, they can wait to enter the US after time with Dad if you want to leave earlier. The kids are also derivatives and can follow to join up to a year after your visa is issued. They can interview and get their visa after you if the timing isn't right for them to immigrate at the same time.

[diamondfloor 10]

Hi,

Thanks for all the replies. I will ensure they take a trip with their Dad beforehand in that case.

[VanessaTony 3,567]

Hi,

Thanks for all the replies. I will ensure they take a trip with their Dad beforehand in that case.

I just wanted to make sure you're aware that if they enter with you and file AOS with you it's better because later on in the process, if they entered within 90 days of you AND had their GC approved within 90 days of yours, then you'll only need to pay the ONE fee for ROC (which is $590) and just biometrics for the kids because they can be included in your application.

If they arrive more than 90 days after you OR their GC is approved more than 90 days after yours, you'll need to pay $590 for each of the kids as they'll need their own ROC. So that's an extra $1180 (assuming the fee doesn't go up in the next couple of years). This can mean a big saving in the long run.

[diamondfloor 10]

Thanks Vanessa&Tony ! Not a whole lot of K2 info around so appreciate any and all tips I do also have a 19 year old who is contemplating follow to join so this will be useful info.