Child with expired visa...

[GYnot 8]

Last year I filed for a K1 visa for my Fiancée and a K2 visa for her son. She entered the country in December of last year. He did not. We got married and for reasons not really relevant to the discussion here he stayed in Colombia and his visa expired.

All of her documents include his name and info. We have since applied for adjustment of status, advance parole and working papers for her. I was just notified that she has been approved for Advance Parole and working docs.

Adjustment of status is a few months away at least.

How can I get him into the US?

Does her advance parole cover him? Will he be covered by her adjustment of status? She's going to go visit him in Colombia. I know she wants to bring him back with her. Is that in anyway possible?

Any assistance would be helpful.

Tony

[milimelo 4,194]

You'll need to see with embassy if they can reissue his K2 visa that was never used. That will involve another medical and visa fees and separate AOS (full fees) once he does come to the US. Start with embassy consular first.

Of course the child is not covered under your wife's AP.

[Jojo92122 1,924]

Google "K-2 follow to join." A K-2 can only be issued within 1 year of a K-1 being issued. You have until Nov. 18, 2016, to get the visa in hand.

AP, AOS, etc. for your wife does not cover her son since he has not been admitted into the US. Your wife and her son can only file together if he had entered on the K-2.

If you can not get the K-2 within the time remaining, you will have to file an I-130 and wait a year for a CR-2 immigration visa.

The only way possible for your wife to bring her son is with a K-2 or CR-2 visa.

Edited September 27, 2016 by Jojo92122