K-2 Visa Questions

[AnaInAmerica 4]

Hello all,

My fiance and I recieved our NOA2 last week, (Woo!) so now we are looking to the next steps. We were planning to have his children "accompany to join", but after reviewing all the processes and restrictions, we have decided it will be best to just bring them now. The USCIS website states that unmarried children under the age of 21 are eligible. I have seen the age 18 on other websites, but I'm going to choose to believe USCIS.

On to my questions:

1 - will his daughter be eligible to attend school prior to him receiving this AOS? It states K-2's have the same restrictions as K-1's, and I understand the employment side, but the education side isn't as clear. I wouldn't want her to have to sit out a year of school.

2- Can we process their AOS's at the same time as my fiance's? Or do we have to wait till his is approved?

3 - Anyone have any comments, advice, or experience with K-2, accompanying children on a K-1 visa?

Thank you!

[baron555 934]

Yes

Yes, together

Ask away

[Pitaya 2,576]

Hello all,

My fiance and I recieved our NOA2 last week, (Woo!) so now we are looking to the next steps. We were planning to have his children "accompany to join", but after reviewing all the processes and restrictions, we have decided it will be best to just bring them now. The USCIS website states that unmarried children under the age of 21 are eligible. I have seen the age 18 on other websites, but I'm going to choose to believe USCIS.

On to my questions:

1 - will his daughter be eligible to attend school prior to him receiving this AOS? It states K-2's have the same restrictions as K-1's, and I understand the employment side, but the education side isn't as clear. I wouldn't want her to have to sit out a year of school. Shouldn't be a problem, though check with local school district / college for specific requirements (you didn't give specific age of child). See below

2- Can we process their AOS's at the same time as my fiance's? Or do we have to wait till his is approved? Get it both done at once (that's what we did). But be sure to get out your checkbook.

3 - Anyone have any comments, advice, or experience with K-2, accompanying children on a K-1 visa? See below.

Thank you!

Welcome to the forum.

When the K1 files for AOS, apply for EAD/AP too. This is due to the rather prolonged AOS processing times, and there are no additional processing fees, if filed concurrently. File the K2 AOS with EAD/AP at the same time as the K1. For the K2 to obtain a SSN, they need either EAD or 2-yr Green Card.

The above is what we successfully did. You should also check out the K1/K3 AOS Guide, the K1 AOS Tips Guide, the K2 AOS Tips Guide, the pinned thread in the Fam.-based AOS Forum, Attention All K2 AOSers. There are several good threads speaking about K1/K2 AOS in that AOS Forum. Finally review the USCIS I-485 link for fee schedule and more information. http://www.uscis.gov/i-485

Good luck on your immigration journey.

~Moved From K1 Process to Fam-based AOS Forum~

~Inquiry about K1/K2 AOS processes~

Edited July 29, 2015 by Pitaya

[newacct 688]

Note that people who have AOS pending also can attend school.

[AnaInAmerica 4]

Thank you all for your replies. The kids are 18 and 13. The 18 year old has graduated high school (there) and is about to start taking some university classes. The 13 year old is about to start high school. I'm not sure if the oldest will work or study or how school records will transfer and whatnot. But the youngest will need to go to school, she may lose a grade with the move and language struggles, but age wise she's a year ahead of normal kids here anyway.

And thank you for pointing me to that fee schedule. Holy cow! I knew money was involved all through this process, but my word, thats a lot. I better start planning now!

[Pitaya 2,576]

Thank you all for your replies. The kids are 18 and 13. The 18 year old has graduated high school (there) and is about to start taking some university classes. The 13 year old is about to start high school. I'm not sure if the oldest will work or study or how school records will transfer and whatnot. But the youngest will need to go to school, she may lose a grade with the move and language struggles, but age wise she's a year ahead of normal kids here anyway.

And thank you for pointing me to that fee schedule. Holy cow! I knew money was involved all through this process, but my word, thats a lot. I better start planning now!

Yep, it is a lot of dough !!! Be aware of the fee differences for the children. You may be able to save a little bit there, if you file for the 13 year old (K2) with a parent (K1).

Good luck on your immigration journey.