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SirMike

K-2 or not to K-2

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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 ?

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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.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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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/


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Yes, I agree with the suggestions fellow VJ-er's are making. You're better off listing the child on the I-129F so in the future you have the option of including him in the interview for a k2. You're not necessarily required to petition for the K2 child listed in your I-129F. Unless someone will correct me?


--Good Luck--

I learned the hard way...I hope you don't have to :rolleyes: . Immigration is very interesting

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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.


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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.


K-1 Petition - California Service Center

Sent by FedEx: Feb 9 2016

Received at CSC: Feb 10 2016

NOA1: Feb 12 2016

Approved/NOA2: May 31 2016

NOA1 TO NOA2: 111 Days

NVC Received: July 26, 2016

NOA2 TO NVC: 56 Days

NVC Case #: July 27, 2016

NVC Processing: 3 Business Days

NVC To Consulate: July 29, 2016

Consulate Received: Aug 1, 2016

Consulate Ready: Aug 5, 2016

Interview: Sep 19, 2016

(Visa Approved!)

POE: Oct 17, 2016

Wedding: Dec 22, 2016

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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.


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