Fiance's Son wants Visa to US to visit/work which is correct?

[JerryTetiana 5]

hey all, not sure which community / forum to post this to.  My fiance's son (18) wants to come to the US to work and be able to visit his mom, I'm not sure which visa to file or what process to follow. He is listed as her son on the original I-129F.  She entered the US on 3/10/19 and we will be married in a few weeks.  Do I start a DS-160 for him or a K-2?  Not sure how to proceed.  The only rule I was able to find is that for a K-2 he must be under 21 and unmarried and listed on the I-129F,  he was given an A-number.  Any help on what form to file and timelines, etc would be appreciated.  

[Georgia16 2,858]

Yes you can do a K2 follow with in one year of his moms. 

 

Contact the the embassy and say you want to proceed with the k-2. He will have to do medical and interview and fees and then AOS when he gets here. (So he cant work until he gets his EAD) just like his mom. 

[JerryTetiana 5]

1. Thank you Georgia16. I'm having trouble identifying the correct form to submit.  Can you point me in the right direction?

[Roel 7,191]

What do you mean to visit/work?

 

If he follow on the K2 visa which leads to the Green Card, he will be living in the US permanently, not just "visiting".

 

16 minutes ago, JerryTetiana said:

1. Thank you Georgia16. I'm having trouble identifying the correct form to submit.  Can you point me in the right direction?

Which form? AOS? @Georgia16 just said to contact the Embassy.

[JerryTetiana 5]

Thank you Roel, yes, he wants to visit/work during the summer but still live in Ukraine.

[Roel 7,191]

1 minute ago, JerryTetiana said:

Thank you Roel, yes, he wants to visit/work during the summer but still live in Ukraine.

Then K2 is not for him and there is no visa that will allow him to do that.

[WeGuyGal 1,052]

9 minutes ago, JerryTetiana said:

Thank you Roel, yes, he wants to visit/work during the summer but still live in Ukraine.

The US does not issue those sort of visas. So, no $$ could be earned while visiting. 

 

It's either the K2 that gets him to live and work permanently in the US. He has to live in the US after AOSing on a K2. 

He could try for the b2 visitor visa, but odds of him getting one are slim to begin with, but he cannot work in the US on that, merely visit up to 180 days. 

[Roel 7,191]

In my opinion his chances of getting a visitor visa are less than 5%. Even if, he cannot work.

So ask your step-son what his choice is - either live in the US permanently or nothing.

[Unlockable 7,306]

15 minutes ago, JerryTetiana said:

Thank you Roel, yes, he wants to visit/work during the summer but still live in Ukraine.

Hi @JerryTetiana

 

There are only two options.... to visit.... or to work. If he wants to visit, he will NOT be able to work. Working on a visitor visa is prohibited. If you file for K2 for him, he will be able to come over and be a permanent resident which allows him to work. But he must be a resident of the US, which means he has to remain living here and not simply visit.

 

I hope this clarifies things a little more. He will have to choose what he wants to do then we can help you more from there.

 

One final note: There is a work visit option which doesn't require him to remain living in the US. he can work here then go back home whenever he decides to. However, work visas are much more difficult to come by than you simply applying for him or him getting a visitor visa.

[Roel 7,191]

2 minutes ago, Unlockable said:

One final note: There is a work visit option which doesn't require him to remain living in the US. he can work here then go back home whenever he decides to. However, work visas are much more difficult to come by than you simply applying for him or him getting a visitor visa.

Yeah and I doubt that 18 year old kid would in any way, qualify for the work visa. 😛

[payxibka 10,044]

The child could theoretically get the k2 and come to visit and then go back.  No work option.

[aaron2020 11,651]

4 hours ago, JerryTetiana said:

Thank you Roel, yes, he wants to visit/work during the summer but still live in Ukraine.

There is no visa that would allow him to visit and work.  

 

He can visit by applying for a visitor visa.  He may be denied a visitor visa.  If he gets to visit, he can not work.

 

On the K-2, he can not work.  He would need an EAD to legally work.  An EAD is taking 5-7 months and requires filing for AOS.

 

It's either live and work in the Ukraine an applying for the elusive visitor visa or immigrate to the US to live and work there.  Only those two choices.  

[portorusa 431]

There is a visa called J1 Work and Travel visa:

https://exchanges.state.gov/non-us/program/j-1-visa-summer-work-travel-program

He may want to look into that option.

[Ksenia_O 695]

 

He has a huge chance to join  you, guys,  and live ( work/study) permanently here, in the US. it's a K-2 visa option. But time is limed  - he has a year since the day his mom got her K-1 visa.  After that - it will take years to join you if he decides to do so later.

 

Or - there is another option, Work&Travel visa. Just for Summer time. It doesn't hurt to  try, but honestly, with mom, being in the US, the chances he will be granted that kind of visa are very slim.

http://www.ustraveldocs.com/ua/ua-svc-summerworkprogram.asp#overview

 

Same thing would be with B1/B2 visa - not a big chance to get it, and even if he gets approved - no work, just travel.

 

So, looks like you, guys, need to decide whatever the boy wants to do.  While he has that chance -  to choose. But that window will be closed  in less than a year.

 

Either way, whatever you decide, he needs to start from the Embassy. 

 

If it's a K-2 route - he would need to schedule his medical exam. Then to pay a Visa fee and schedule his K-2 interview. For an interview he would need NOA-2 of your I-129F approval and I-134. Plus the KEV case #.

 

Work&Travel Route - the link above.

 

P.S. You've mentioned he was given an Alien number. I'm not sure... Usually a K-2 gets an A# after applying for AOS or EAd (it comes with NOA-1). But I might be mistaken

 

Edited April 2, 2019 by Ksenia_O

[SusieQQQ 11,584]

1 hour ago, portorusa said:

There is a visa called J1 Work and Travel visa:

https://exchanges.state.gov/non-us/program/j-1-visa-summer-work-travel-program

He may want to look into that option.

Same issue getting it as with B visa though.