k2 Too late for K2 ?

[Ontarkie 15,024]

5 minutes ago, VanDerFran said:

You had the best explanation for this! Thank you,  Let's complicate the matter here.... lets say,  mom is here,  working... no vacation time, can the husband (step-dad to be)  go to philippines to help grandma and 9 year old kid on interview, or K1 recipient needs to be present on interview ? What about POE? K1 recipend (resident by then)  needs to be present? 

Yes you can do that. Just make sure you get a letter from mom giving you permission to travel with the child to the US. You might want to ask more what is needed for that part in the Philippines forum. 

[x_driven_x 1,778]

2 hours ago, VanDerFran said:

yes, what I am trying to understand is how long to I have to apply to K2 and how do I do it...

You would only fill out 1 I-129F. On it, you would list all children. Then, later on when it comes time for the interview, you would fill out the DS-160 for the mother a check the box that says the children will be done later (up to 1 year).

 

You do not fill out seperate I-129Fs. The I-129F is for a Fiance... and petitioning a child alone would not be a fiance. You are allowed to petition for the children at the same time as the fiance.

 

If you do not put the children on the I-129F at all, I think you would have to bring your fiance to to the US, get married, adjust status, and then file the I-130 to bring the children as a family member and all of that would take even longer (assuming the children do not age out of eligibility).

[fip & jim 452]

Depending on the law in the country where the child is living, you may also need permission to take the child permanently out of the country, otherwise it is child abduction. We got a court order & other parent's permission to get "leave of jurisdiction" at the beginning of the visa process. Visas for children won't be issued in our country (UK) unless you have the correct court order. This can take 6 months here. 

[VanDerFran 10]

Thank you everyone,...

 

So, assuming kid name was added to the I129F form

 

I may have 3 options:

 

Option 1

Mom and kid goes for medical and interview together,

Kid enter USA from 0 to 6 months from medical (must be together)

 

Option 2

Mom goes to medical an interview alone,  (check the to-follow option)

Medical and interview for the kid can be scheduled up to a year after K1

Mom should to go back to bring kid to medical, interview and bring kid to USA, and that can complicate cause she may not be able to travel.

Kid enter USA  from 12 to 18 months from moms medical (assuming kid medical was do 11 months later)

 

Option 3

Forget about K2,

Wait till mom have a green card, and she file some other visa

This may take more than year plus the green card waiting time

Kid enter USA from 18 to 24 months

 

Is this correct ?