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Moonspell360

confused about k2 visa for stepdaughter

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20 minutes ago, Moonspell360 said:

So, since it's been more than a year since my wife was approved her visa the k2 visa is no longer valid? Sorry for being redundant I just wan to make sure the new petition won't fall under k2  visa petition.

Yes K-2 has to be within one year from the mothers K-1 visa was issued. 

 

It will be faster if you apply for her as her step parent as said above about a year. 


K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       12/08/18.....ROC window opens

 

ROC from K-1 + K-2:

12/13/18....I-751 mailed to Lewisville, TX

12/14/18....Delivered at Lewisville, TX

 

 

 

 

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Is she married? Has it been under or over a year?

 

If no to both, then she can utilize follow-to-join still.

 

If it's over a year but she is not married, you can petition for a CR-2 visa as your stepchild (until she turns 21). ETA: Roughly a year or so.

 

If she is married, then you can petition for her under F3 status. ETA: Roughly 20 years.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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47 minutes ago, Moonspell360 said:

She is not married ,just pregnant but its been over a year since my wife got her visa approved in December 2015, so its still late to apply under k2 category?

Yes, it is. There's a 1 year time-span to apply for a K-2 under follow-to-join. You would have to file a CR-2 for her now.

 

However...the issue would be the then-child. Unfortunately, now that I think about that, there's a real dilemma here. I don't think there's any way to get her in the US with her child (plus the father would have to agree to it, obviously). You can get a visa for her in about a year from filing, but you cannot petition for your stepdaughter's child. The options I see are below...you'll have to see what's best.

  1. Your stepdaughter lives abroad.
  2. Petition for her and she comes to the US in about a year. Then your stepdaughter can petition for her daughter under F2A, which will take about 2 years. However, she must maintain her primary residence within the US...meaning apart from her child. It's an option..albeit not so sure if it's realistic or not.
  3. You could do the same as #2 but delay it up until before she turns 21. She would still be separated the same amount of time...but not so soon after birth.
    1. She needs to remain unmarried until she is in the US or else she is no longer eligible to use the visa.
  4. If she gets married, you she can go the F3 route and bring her child(ren) at that time. However, this has the ~20 year wait involved...and the children may even age out by the time that comes around.

 

Edit: Optimally, you would want to get her in the US as an LPR before giving birth. However, the timeline for a CR-2 just won't line up. You can try for an expedite, but pregnancy itself is not a cause for doing so. I'm just noting this in case there is another expedite cause:

https://www.uscis.gov/forms/expedite-criteria

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Since it has been over a year she can't come on a K2. You have to apply for I130 for her which takes about a year. Stepdaughter will likely have child in her country.

 

Reading @geowrian post I think there may be an issue in deed.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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A K-2 is not possible since it has been more than 1 year since the K-1 was issued.

 

Your stepdaughter will be having her baby in Colombia since any path to the US would require more than 9 months.

 

If you file as the USC stepparent, it would be an CR-2 case where it would take a year for her to get an immigration visa.  The problem is that derivative beneficiaries are not allowed.  She would need to immigrate alone, and it would take an additional two years for her to petition her child.

 

If her LPR mom petitions for her, it would be an F2a family preference case where it would take about two years for her to get an immigration visa and her child would be an eligible derivative.  Mother and child would be able to immigrate together.  

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4 minutes ago, Jojo92122 said:

If her LPR mom petitions for her, it would be an F2a family preference case where it would take about two years for her to get an immigration visa and her child would be an eligible derivative.  Mother and child would be able to immigrate together.  

Yeah, this is probably the best option. I actually wasn't sure if F2A minors support derivatives, but you're right....they do:

https://fam.state.gov/fam/09FAM/09FAM050201.html

See FX2 and FX3


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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hi

 

as Jojo said, your wife has to file for her, if you file for her, she won't be able to bring the baby, but if her mom files, she will since derivatives are allowed for children of a LPR, not for children or stepchildren of a USC

 

 

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7 hours ago, aleful said:

hi

 

as Jojo said, your wife has to file for her, if you file for her, she won't be able to bring the baby, but if her mom files, she will since derivatives are allowed for children of a LPR, not for children or stepchildren of a USC

 

Just to clarify, are you saying a US citizen can't sponsor both their child and grandchild, but an permanent resident can?
That sounds wrong. 

 

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