Children with pending K2s need to travel to US - please help me prepare info for Border Patrol

[SparklePony 238]

Hello all,

I am a greencard holder with two kids who have their K2s pending at the Embassy. I am also 34 weeks pregnant and now want them to travel to the US to stay with me for a few months, within the ESTA time limit, so they can be there when the baby is born. Their father has agreed to this trip (we're still working on the immigration authorization for the embassy).

Now, because of how far along I am, my children will be traveling alone, with an unaccompanied minors service from the airline. However, we do not have return tickets bought because of the baby not being born yet. I know this makes things more complicated in terms of Border Control and as such I want to prepare a little info packet for them, to explain why there's no return ticket, and to give them what assurance we can that they will return to their home country and they will not overstay.

So, here's where your input and suggestions can come in handy. Here's what I had thought of putting in the info packet, so far:

* On the travel authorization permit that both me and their dad will sign, stipulate the trip will not extend beyond 90 days

* A doctor's note confirming my pregnancy and due date

* A copy of my visa and original petition with their names on it

* A copy of my greencard

* A copy of my marriage certificate (because their stepdad will be picking them up at POE)

* A statement explaining the return tickets have not been bought yet because the baby isn't born yet

I wanted to get something regarding their pending case at the embassy, which expires in early June, but I don't know what to get...

Also, as an aside question, they did an ESTA this past Christmas. Do I need to update it or anything like that, or is it valid as is?

Many thanks!

[baron555 934]

Hello all,

I am a greencard holder with two kids who have their K2s pending at the Embassy. I am also 34 weeks pregnant and now want them to travel to the US to stay with me for a few months, within the ESTA time limit,

Wait, if they are to be given K-2 visas, then ESTA is not involved. The K-2 visa assumes that the children will be moving to the US. Is that the case?

so they can be there when the baby is born. Their father has agreed to this trip (we're still working on the immigration authorization for the embassy). Good, need that.

Now, because of how far along I am, my children will be traveling alone, with an unaccompanied minors service from the airline.

OK

However, we do not have return tickets bought because of the baby not being born yet.

Why would they need return tickets if they are immigrating to the US? Your info is confusing.

I know this makes things more complicated in terms of Border Control and as such I want to prepare a little info packet for them, to explain why there's no return ticket, and to give them what assurance we can that they will return to their home country and they will not overstay.

The is no overstaying a K-2. The K-2 visa by the way must be issued before the one year anniversary of your K-1 medical.

So, here's where your input and suggestions can come in handy. Here's what I had thought of putting in the info packet, so far:

* On the travel authorization permit that both me and their dad will sign, stipulate the trip will not extend beyond 90 days

* A doctor's note confirming my pregnancy and due date

* A copy of my visa and original petition with their names on it

* A copy of my greencard

* A copy of my marriage certificate (because their stepdad will be picking them up at POE)

* A statement explaining the return tickets have not been bought yet because the baby isn't born yet

I wanted to get something regarding their pending case at the embassy, which expires in early June, but I don't know what to get...

Also, as an aside question, they did an ESTA this past Christmas. Do I need to update it or anything like that, or is it valid as is?

OK, so they are to come over to only visit for the baby's birth, then return and then later immigrate on a K-2 before June? Then why not purchase a return ticket? You can always change the flight date later.

[Boiler 47,262]

VWP requires return tickets.

When will they be able to move with the K2? Why the delay?

[Penguin_ie 6,000]

From my understanding of the Op, the biological father is willing to let the kids go on a visit for the birth, but has not yet agreed to let them move to the USA permanently, and his written permission to do so is required for the k2.

Unfortunately, for the VWP to be used, return or on ward tickets are needed, it is a requirement of the Visa Waiver. You may need to buy changeable tickets, or simply buy return tickets for 87 days out or something.

[SparklePony 238]

The K2s are pending - they have not been issued yet, and won't be until close to their expiration date - which, btw, I thought was the date my visa was issued and not the date of my medical. We're still waiting for paperwork for the visas, which is why they would be traveling on the ESTA for now.

The reason why we don't have the return tickets yet is because I can't book an unborn person's ticket as I will be returning with them (and the baby) to get their visas done.

[baron555 934]

The K2s are pending - they have not been issued yet, and won't be until close to their expiration date - which, btw, I thought was the date my visa was issued and not the date of my medical. We're still waiting for paperwork for the visas, which is why they would be traveling on the ESTA for now.

The reason why we don't have the return tickets yet is because I can't book an unborn person's ticket as I will be returning with them (and the baby) to get their visas done.

Then you have a problem.

Book the children's return tickets and then book a ticket for your newborn when they are born.

You're really going to take a newborn on a plane trip?

[SparklePony 238]

You're right - I do have a problem. I did not know return tickets were a VWP requirement. :unsure:

It pretty much invalidates my entire original post...

Ok, so let me ask this: can we buy cheap return tickets for my kids, not use them, stay in the US within the 90 days ESTA limit, and then book tickets for all of us as originally planned? Would that stay within immigration requirements?

[baron555 934]

You're right - I do have a problem. I did not know return tickets were a VWP requirement. :unsure:

It pretty much invalidates my entire original post...

Ok, so let me ask this: can we buy cheap return tickets for my kids, not use them, stay in the US within the 90 days ESTA limit, and then book tickets for all of us as originally planned? Would that stay within immigration requirements?

It seems that would work. You merely call the airline and cancel the tickets (might be able to get partial refund or credit for other bookings).

[SparklePony 238]

Thanks!

[Penguin_ie 6,000]

Yes, that should work and as long as the kids return within 90 days, there won't be a problem with immigration.

[NikLR 13,232]

Buy tickets with a firm return date about 87-88 days out. Your tickets will be more expensive but dont give some BS date. The travel consent forms need to match the dates of the tickets.

As a positive I've used United unaccompanied minor system and they're really good. They will even move people sitting next to or move your children if they need to. I'm sure most airlines are same.

[Boiler 47,262]

I was moved flying United for that reason.

[TBoneTX 47,327]

I'll never fly on United voluntarily again after my experience with an unsupervised little hellion who was moved to be next to me after someone else complained. The cabin crew failed royally in their responsibilities.

[NikLR 13,232]

Lol more like a parent fail vs airline fail. Kiddo is an excellent flyer. She's been more places and on more planes than I have! Her first flight was 3m old.

[SparklePony 238]

Buy tickets with a firm return date about 87-88 days out. Your tickets will be more expensive but dont give some BS date. The travel consent forms need to match the dates of the tickets.

This is what we ended up going with - we realized buying cheaper tickets wouldn't save us all that much money anyway, it was money that would completely go to waste, and I didn't want to put my kids in a weird position at CBP... so we just went ahead and decided to get the return tickets through the same company they're entering POE at. It ended up being the best option, money-wise, and now I have the travel authorization from the father matching those dates as well.

So, the return ticket issue is handled - thank you so much for your input and suggestions.

Besides a return ticket, is there anything else you suggest for CBP? To show ties to the country? I'm still trying to get something from the embassy - an interview date would be best but I'm doubtful I can get one in time for their departure.... Any other suggestions?

Thank you all again. It's much appreciated!