K2 Visa for 19 y/o

[BB Family 299]

Hi, I'm asking for a friend. Her fiancé filed k1 visa and they just received NOA2 this month. However she noticed that her daughters name wasn't put on the I129F. What process can they take to still ensure her daughter can still go with her or follow after shes in the US? Her daughter will turn 20 this december. 

[Unlockable 7,306]

Now that your friend's daughter is close to 21, she needs to be extremely careful with how to proceed so there are no mistakes that could prolong the process.

 

I don't know why her name was not added to the petition but she can add it during at the NVC stage with an explanation for not including the child. Your friend must also have all of the legal documents (birth certificate, custodial rights from courts, and/or the father's consent). 

 

The daughter is at risk of aging out if she is over 21 before she enters the US. This is why your friend she be absolutely prepared with all of the necessary requirements. If she is missing something like a birth certificate it could delay the process.

 

Fortunately, you friend has a year before her daughter turns 21. However, do not take that time lightly. Anything can happen. For instance, she could be put in AP for months. Please advise your friend to follow all the steps of the process including adding ALL CHILDREN, regardless of if they are immigrating with her or not.  

[BB Family 299]

Oh the reason the daughter wasn't added is because their lawyer told them a daughter has to be 18 or younger and a son can be 21. Dumbest thing I ever hear.... its ANY child unmarried under age 21... any way... that's why I don't use lawyers. How can she add the daughter during the NVC process? 

[BB Family 299]

Also does she need the fathers consent since she is of age?

[Boiler 43,429]

Hopefully this their ex lawyer.

 

Age of consent varies but most unlikely at 20.

[TM92 527]

9 minutes ago, Barker Family said:

How can she add the daughter during the NVC process?

She (or her fiance) can call NVC at 1-603-334-0700 and request information on how to add the K-2. They will then review her case and confirm her eligibility. Either NVC or the consulate will let her know what documents to submit and the next steps of the process.

11 minutes ago, Barker Family said:

Also does she need the fathers consent since she is of age?

No need since she is 19.

[Unlockable 7,306]

14 minutes ago, Barker Family said:

Oh the reason the daughter wasn't added is because their lawyer told them a daughter has to be 18 or younger and a son can be 21. Dumbest thing I ever hear.... its ANY child unmarried under age 21... any way... that's why I don't use lawyers. How can she add the daughter during the NVC process? 

 

Wha????? 

 

Stay as far away from that lawyer as possible.

 

You can contact the NVC to explain that you want to add the daughter. Since you have your NOA2, you should have all your info such as case numbers and such.

https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html

 

 

12 minutes ago, Barker Family said:

Also does she need the fathers consent since she is of age?

Actually, she doesn't need consent. She is over the age of 16 so she is good to go. Minor discrepancy (brain fart) on my part.

Edited November 19, 2018 by NuestraUnion

[BB Family 299]

Ok thanks all. Ill pass this information to her. I already warned her about this lawyer.. Lets hope her lesson is learned. 

[dwheels76 5,459]

26 minutes ago, Barker Family said:

Oh the reason the daughter wasn't added is because their lawyer told them a daughter has to be 18 or younger and a son can be 21. Dumbest thing I ever hear.... its ANY child unmarried under age 21... any way... that's why I don't use lawyers. How can she add the daughter during the NVC process? 

Sweet Lord in Heaven this is the scariest thing I have heard a lawyer say. And they paid for this nonsense. Tell them to run fast the other way.

[Boiler 43,429]

Have they dumped the lawyer?

[BB Family 299]

Before I talked to her.. they were gonna depend on him to get the k2 done..

[BB Family 299]

Of course the fiancé speaks to the lawyer about it after my friend talk to him. And the lawyer told them if they try to add her (the daughter) it will stop the I129f. And I think they are to afraid to call NVC because Of what the lawyer just said...I hate lawyers... 

Edited November 19, 2018 by Barker Family

[Ksenia_O 695]

1 hour ago, Barker Family said:

Also does she need the fathers consent since she is of age?

Depends on a country.

My son was 19 when he got his K2 - no father's consent needed. In Ukraine, for example,  it's done at age 18, if I'm not mistaken.

Also, he had his own passport since he was 16 y/o - so the Customs stopped actually even asking for any consent when he traveled without a parent. He still had it, just in case, though, but no, never been questioned once he turned 16 y.o.

Edited November 19, 2018 by Ksenia_O

[TM92 527]

1 hour ago, Barker Family said:

Oh the reason the daughter wasn't added is because their lawyer told them a daughter has to be 18 or younger and a son can be 21. Dumbest thing I ever hear.... its ANY child unmarried under age 21... any way... that's why I don't use lawyers.

16 minutes ago, Barker Family said:

Of course the fiancé speaks to the lawyer about it after my friend talk to him. And the lawyer told them if they try to add her (the daughter) it will stop the I129f. And I think they are to afraid to call NVC because Of what the lawyer just said...I hate lawyers... 

So they keep listening to an incompetent lawyer? Then, they share part of the blame for any unnecessary delays.

[BB Family 299]

Unfortunately I concur. But some people are so intimidated by this process. When I asked why they went with a lawyer In the first place she said her fiancé is busy and didn’t have enough time... however I told her he still had to provide every piece of information and he could have just as easily completed it himself. They even had to call the lawyer to look at the i129f. Because they weren’t provided a copy