Bringing over USC's Step-daughter

[kaffykat 0]

My other daughter just spent the last 7 weeks with us here and is seriously now thinking about coming back to stay.

I am a little confused as to what paperwork I would have to do for her.

Bit of history:

I came over on a K1 visa in May 2006 and brought my eldest daughter with me on a K2, we are both currently in the AOS process, after I got married in June 2006.

My younger daughter, who is 13, lives with her father and was given the choice of coming with me or staying in Australia with her father, she chose to stay because she felt the change would be too much for her. She was already living with her father at this time and had done for a couple of years previously.

Except for putting her on the paperwork as one of my children, nothing else was done with regards to her coming to the US.

In other words, no medical exam, no interview and no visa for her. Money was fairly tight as I am sure you can all appreciate with this process and I didn't want that pressure on her to come if I spent the money on a maybe and did a follow-to-join at the outset of the visa process, giving her a clear 12months to follow. In other words I didn't want her to feel obligated.

I am unsure how to proceed with this if it is her wish to come live with us. I have read the guides and also the information on the USCIS site but it really is as clear as mud to me. Do I reopen the original K1 case (I-864?) and do the follow-to-join or does my husband petition her on a I-130? Also, would she have to travel to the embassy and go to an interview, I know she would have to have the medical done and get a letter of permission from her father to come here.

Edited January 26, 2007 by kaffykat

[Ashleigh-Au 0]

I am not sure whether it is possible to now file for her as a K2.

I do know that yes your husband can file an immigrant visa petition for her...the I-130. That would be processed through the NVC then on to the consulate in Australia. She would need a medical and she would need to attend an interview in Sydney.

Good luck in whatever you decide to do.

[Girona40 0]

The child has up to a year after issuance of the original K-1 to apply for a K-2 visa - basically, exercising her "follow to join" rights.

She is entitled to derive status as a K-2 for one full year, and this is the easiest way to get her here, in my opinion.

You would need to get in touch with the consulate in your country and request that the process be started for issuance of a K-2 with follow-to-join rights. There is no need to file a seperate petition as you are within the one year timeframe.

As your daughter is only 13, the step-parent relationship was formed with your husband prior to her attaining the age of 18. If she wants to come at a later date, after the one year timeframe for eligibility of a K-2, your husband can petition for her as his stepdaughter on an I-130.

Good Luck!

[kaffykat 0]

Thankyou so much Girona40!!!

It just didn't make much sense to me when I read the guideline for it!! You put it all in plainer english for me. Well now it is up to my daughter to decide and hopefully she will make that decision in the next few months.

One question though, is the 12 months determined from the date of the visa issuance 04/20/06, or from the date of my arrival in the US 05/22/06?

[Tom 0]

One question though, is the 12 months determined from the date of the visa issuance 04/20/06, or from the date of my arrival in the US 05/22/06?

I have the same question. My wife received her K1 on 12/1/2005, and entered the U.S. on 4/1/2006. I wonder if we can still get a K2...?

We want to bring her son to the U.S. I wasn't planning on using the K2 because we're going to Paraguay in March and I was going to apply for her son's immigrant visa at the U.S. embassy. Then I got the email below from the embassy on January 23, 2007. Does anyone know about this change? Is it enforceable? I sent a letter to my Senator, but we had already bought airline tickets.

Casali, Irma Liliana (Asuncion) (CasaliL@state.gov)

To: Tom

Subject: RE: Stepson's visa

Tom,

We just received an official notification from USCIS (immigration office in USA) that consulates must cease accepting and adjudicating any I-130 (immigrant visa petition).

You must now file the I-130 for your stepson in the U.S. and once it is approved it will be forward to us for processing.

Personally, I very much regret this decision, it will harm many families. Sorry...

Regards,

Nany Casali

Immigration Visa Assistant