Process for Preserving K2 Visa Rights

[joemcget 0]

My fiancee is awaiting NOA3 package from Guangzhou. We expect to receive in next 7-10 days (early October 2014). As part of our original I129F filing her 13 year old son was listed on the form as her child. My fiancee's ex husband was also listed as the father. However, no additional documentation (birth certificate or passport info, etc) for her son was submitted with I129F filing.

Her son currently lives with his father (my fiance's ex husband) as part of their divorce agreement. At this point the father is not agreeing to allow the son to accompany the mother. We hope that the father may be more open minded in the future. So we would like to make certain that we keep the K2 option open. We undertsand that the K2 option (in association with K1 filing) can remain open for year from the K1 approval date.

Can anyone tell us what steps/actions are necessary at this time as we await NOA3 and anticipated interview date in next few weeks to make certain that we "preserve" the K2 option for the next year.

Thanks in advance for any helpful information.

[NigeriaorBust 4,087]

Nothing needs to be done , a child listed as follow to join has 1 year to do so. No less, no more If the father changes his mind in 2 years the child will need his own I130

[Pitaya 2,576]

Welcome to the forum.

Take a look at the DOS Nonimmigrant Visa for a Fiance(e) (K1) FAQs for more information: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#15

It might be a good idea to mention the situation to the CO at the K1 visa interview in Guangzhou for specific guidance.

Good luck on your immigration journey.

~Moved from K1 Process to China Regional Forum~

~Instructions/requirements can be consulate-specific at this stage of the process~