Urgent Question on K2 Visa

[davidpipgras 1]

Greetings! I have an urgent question for all of you out there regarding K2 visas, and despite reading what I could find here on VJ as well as the DOJ, USCIS, and half a billion different random sites for "K2" searches, we are still very confused as every other site seems to say something different....

Background (sorry, have not updated our info her as it has been a mad house lately):

My Bulgarian fiancee and I are going through the process now and our steps so far are this:

10/06/14 - Submitted application to Texas Box

10/09/14 - Texas received (per return receipt & Electronic Notification)

10/10/14 - Received Return Receipt from package

10/15/14 - USCIS received package and cashed check

11/13/14 - Received NOA and RFE (missed checkbox on application)

11/14/14 - Sent back RFE with supporting documents, etc.

11/14/14 - Received electronic notice of Approval for I-129F

12/13/14 - Fiance (BG) received letter of information, etc.

12/20/14 - Received paper NOA for Approval of I-129F dated 12/05/14

01/14/15 - Fiancee passed medical screen

01/27/15 - Interview at Sofia (Yay! -- Freaked out -- Yay!)

Now, the question is: She has a daughter who is 14 right now, and we added her to the 1-129F and the DS-160 application as instructed to do (both here and via the form instructions, etc.) By doing this, she can qualify for a "K2" visa based upon the approved K1 visa for her mother...

So far, so good...

Now, here is where the problem comes in:

Different sites and even different people here, have provided conflicting information....

As she is listed on the DS-160, and only 14, do we need to fill out a separate DS-160 for her as well? The State department site that is often linked to only says this is needed for a "K3/K4" visa, or for a 'child' over 21, or for a child who will travel to US *AFTER* one year.

Some people say a separate form is required for the child, some say not. Some say that an additional visa fee will be required, some do not, or do not say anything in regards to a K2 visa (only K3/K4, which is not our case).

So, my question is: Does anyone know absolutely FOR SURE if an additional form and/or fee is required for a 14 year old child if she is listed on her mother's DS-160?

And yes, all approvals for sole parent responsibility and for child's travel are signed and notarized, etc. It is just this question that is totally confusing me and driving me mad.

HELP!!!

Thanks,

Dave

[KayDeeCee 4,900]

Applying for the K-2 is quite similar to applying for a K-1. They need to fill out the visa application(DS-160) and pay the visa processing fee, get a medical and typically attend the interview. If they were planning on getting the K-2 at the same time as the K-1, then they should have been doing all those things at the same as the K-1 applicant so they can go the same day as the K-1.

You can always contact the immigrant visa unit of your consulate to ask them exactly what needs to be done for the K-2. http://bulgaria.usembassy.gov/consular_section_contact_information3.html

[Pitaya 2,577]

Applying for the K-2 is quite similar to applying for a K-1. They need to fill out the visa application(DS-160) and pay the visa processing fee, get a medical and typically attend the interview. If they were planning on getting the K-2 at the same time as the K-1, then they should have been doing all those things at the same as the K-1 applicant so they can go the same day as the K-1.

You can always contact the immigrant visa unit of your consulate to ask them exactly what needs to be done for the K-2. http://bulgaria.usembassy.gov/consular_section_contact_information3.html

Agree !!

[dgalster 1]

I also have questions about K2 and I think this is an area of weakness on this site in the FAQs and Guides. There is, like the OP said, a lot of seemingly conflicting information out there.

Today I came across this:

• Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18. (http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#10)

And then the K2 guide says this:

• Older K-2 Visa adjustees
• Child Status Protection Act: Immigration law generally requires a derivative child visa holder to adjust status before they are 21 years old. The Child Status Protection Act protects them from "aging out" as long as their AOS petition is accepted by USCIS before their 21st birthday. However, the CSPA only applies to K2's if the K1 marries the US citizen petitioner before the K2 turns 18. If the marriage occurs after the K2 is 18 then their AOS must be approved before the K2 turns 21.
• This can be a big problem because a K2 is eligible to receive a visa right up until they are 21 years old, but if it's too close to their 21st birthday when they come to the US then they might not have time to finish AOS before aging out.

And then I found this in a post:

• A K-2 holder must travel to the US before his/her 21st birthday in order to adjust and get a green card. The K-2 holder has to be under 21 when entering. It is okay to file to adjust after the K-2 visa holder's 21st birthday. Age is relevant when entering the US, not when adjusting. (http://www.visajourney.com/forums/topic/334342-still-eligible-for-follow-to-join-benefits/)

My stepdaughter is 20 and has a birthday in March. We were married last August (so she was over 18). She is now applying for her interview & medical (so she should be able to get here before she is 21). There are some pretty hefty fees if this turns out not to work, so it would be nice to have the real straight scoop.

[Ladyluck1 3]

I just went through and completed K1 and K2. My son is travelling with me when I do on my K1.

Yes need separate DS-160

Yes need separate medical

Yes need to pay separate visa fee

Yes need own supporting documents (varies from country to country, I needed birth cert, consent from father and passport)

Yes need to attend interview (my son is only 5 but I took him with me anyway)

Edited January 24, 2015 by Ladyluck1

[Pitaya 2,577]

There may indeed be some inconsistent information out there. There are several possible reasons, including, but not limited to, re-interpretation/revision of pertinent child-related immigration laws/regulations/policies, and the seemingly unending inability of VJ members to suggest, or update as necessary, the various guides/guidelines as it relates to immigration. Many members seem to just find out the information that they deem important, complete their immigration journey and neglect to post their suggestions, updates, and experiences. It is those reviews and updates that improve the quality of the information available on this site. As that this is primarily a DIY site, if you want to improve this site, suggest that you would really help your fellow folks on their immigration journeys, and be part of the solution by posting your positive suggestions and revamped guidelines in the Site-Related Discussion Forum for the VJ site administration to review and possibly incorporate into the various guides and corresponding Wikis.

For a specific K2 example, there is a pinned thread in the Family-based AOS forum about K2 Visa AOS that has morphed into being intended for people to post K2-specific suggestions/updates/experiences: http://www.visajourney.com/forums/topic/287035-calling-all-k-2-aosers-past-and-present/page-10 . There were some old-time forum members that started that thread to find out and post more about the nuances of the K2 process. They researched, and successfully used the information on their personal journeys, and then posted the outcomes for the benefit of all of the forum members. Instead some people seem to just post their specific personal immigration questions in that reference-only intended thread, rather than properly starting a new topic in the forum.

It is quite likely that your fellow forum members would likely appreciate the results of your research and positive suggestions for site improvements.

Good luck on your immigration journey.

[KayDeeCee 4,900]

I also have questions about K2 and I think this is an area of weakness on this site in the FAQs and Guides. There is, like the OP said, a lot of seemingly conflicting information out there.

Today I came across this:

• Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18. (http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#10)

And then the K2 guide says this:

• Older K-2 Visa adjustees
• Child Status Protection Act: Immigration law generally requires a derivative child visa holder to adjust status before they are 21 years old. The Child Status Protection Act protects them from "aging out" as long as their AOS petition is accepted by USCIS before their 21st birthday. However, the CSPA only applies to K2's if the K1 marries the US citizen petitioner before the K2 turns 18. If the marriage occurs after the K2 is 18 then their AOS must be approved before the K2 turns 21.
• This can be a big problem because a K2 is eligible to receive a visa right up until they are 21 years old, but if it's too close to their 21st birthday when they come to the US then they might not have time to finish AOS before aging out.

And then I found this in a post:

• A K-2 holder must travel to the US before his/her 21st birthday in order to adjust and get a green card. The K-2 holder has to be under 21 when entering. It is okay to file to adjust after the K-2 visa holder's 21st birthday. Age is relevant when entering the US, not when adjusting. (http://www.visajourney.com/forums/topic/334342-still-eligible-for-follow-to-join-benefits/)

My stepdaughter is 20 and has a birthday in March. We were married last August (so she was over 18). She is now applying for her interview & medical (so she should be able to get here before she is 21). There are some pretty hefty fees if this turns out not to work, so it would be nice to have the real straight scoop.

The information about filing for an immigrant visa for a stepchild and getting a derivative K-2 visa for your fiance(e)'s child seem to get mixed up. They have different procedures and requirements. When filing an I-130 petition for a stepchild, the child needs to be under 18 when you marry their parent and become their stepparent. There are no derivative immigrant visas for the children of a foreign spouse, and then need to be filed for separately. I believe the travel,state.gov website erroneously has that bit listed about being under 18 in the section about K-2 visas.

For a K-2 derivative visa, it makes no difference how old the child is when you marry within 90 days of the K-1 entry. The K-2 simply must enter the US before turning 21. They no longer 'age out' and remain eligible to adjust status.

BIA ruling, Matter of Le, decided back in June 2011 > http://www.justice.gov/eoir/vll/intdec/vol25/3719.pdf

A derivative child of a nonimmigrant fiancé(e) visa holder under section 101(a)(15)(K)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(K)(iii) (2006), is not ineligible for adjustment of status simply by virtue of having turned 21 after admission to the United States on a K-2 nonimmigrant visa.

...

We conclude that to adjust status based on a K-2 visa, an alien derivative child must establish that he or she was under 21 years of age at the time of admission to the United States.

Edited January 25, 2015 by KayDeeCee