K-2 or not to K-2

[SirMike 0]

I am just starting to petition my fiancee on a K-1 and she has a 9 yr old boy that is attached to the grandmother and probably better off staying with the grandmother until he is more matured and perhaps can come at a later time perhaps a few years later or until he is more matured and has English classes in his native land the Phillipines. My question is there any harm in leaving the young boy behind at this point in his life or will the embassy frown upon doing so and pehaps insist the boy go with his mother at the same time she arrives on her K-1 ?

[Penguin_ie 5,984]

No, it is quite common to do that, either due to schooling or for financial reasons. However, it can be harder than expected for both mother and child once they face separation, so I would suggest proceeding with the K2 for now, but not request an interview. That way, if he/ you change your minds and want him to come soon, you can simply do a "follow to join" interview and get him a K2 quickly as long as it is within a year of the K1 issuance.

If you do not proceed with the K2, or it is longer than a year, then you, as the USC step dad, can petition him as a minor son and this will take about a year.

[Hank_ 9,171]

I am just starting to petition my fiancee on a K-1 and she has a 9 yr old boy that is attached to the grandmother and probably better off staying with the grandmother until he is more matured and perhaps can come at a later time perhaps a few years later or until he is more matured and has English classes in his native land the Phillipines. My question is there any harm in leaving the young boy behind at this point in his life or will the embassy frown upon doing so and pehaps insist the boy go with his mother at the same time she arrives on her K-1 ?

List the child on the I-129F, decide later if you want to complete the K-2 visa. Embassy does not require the child to get the K-2 same times as mother or even follow later.

As for leaving or taking with... that is a personal decision.

Philippines forum: http://www.visajourney.com/forums/forum/129-philippines/

[pch1 64]

Just tell the little boy he is going to Disneyland and he will say bye bye grandma....lol

Really, this is a problem in the Philippines where little children are attached to their aunts, uncles, grand parents etc...At this young age it would be very hard for them to adjust or even accept the fact they are leaving behind someone they love as much as their own parent if not more. When he grew up a little more then he might want to be with his mother.

Just like everyone else said, list him on the petition, don't leave his name out. In the future when he is ready, he can be petitioned to come in an immediate family visa, it will take some time but he will.

[MandyAlex 32]

Someone correct me if I'm wrong but I don't believe a K-2 interview is required for a 9 year old child. Or is this a embassy specific procedure? I like to know since I'll be doing a follow to join on my 12 y/o stepdaughter and was told she didn't required a interview.

As far as the OP concern, I also agree is better to list the kid on the petition and decide later if circumstances require for him to stay with family back home or come to the U.S. with mom. Remember the 1 year period to receive a K-2 follow to join visa begins when the beneficiary's K-1 visa is issued, not when the petition's filed. So basically, you're looking at as long as year and a half from today, give or take a couple of months, to get the K-2 for your child.

[pch1 64]

Someone correct me if I'm wrong but I don't believe a K-2 interview is required for a 9 year old child. Or is this a embassy specific procedure? I like to know since I'll be doing a follow to join on my 12 y/o stepdaughter and was told she didn't required a interview.

As far as the OP concern, I also agree is better to list the kid on the petition and decide later if circumstances require for him to stay with family back home or come to the U.S. with mom. Remember the 1 year period to receive a K-2 follow to join visa begins when the beneficiary's K-1 visa is issued, not when the petition's filed. So basically, you're looking at as long as year and a half from today, give or take a couple of months, to get the K-2 for your child.

I believe that each embassy has its own rules and its up to the CO...Some don't have to be interviewed. My friend in Abou Dhabi was asked to bring her 12 yrs old daughter with her to the interview but was not questioned at all...She was approved right away.