Step children

[Pelmeni 39]

11 minutes ago, Hank_ said:

Yes    The child's visa must be issued before  the 1 year date of the K-1 visa being issued.    So plan to start months earlier.

 

I just read the link I was provided and it for sure says all is GO to complete the FOLLOW TO JOIN K-2

 

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens

 

If your fiancé(e) has a child who is under 21 and unmarried, the child may be eligible to come to the United States on a K-2 nonimmigrant visa. You must include the names of your fiancé(e)’s children on the Form I-129F if you wish to bring them to the United States. The children must continue to be unmarried and under 21 in order to be admitted to the United States as K-2 nonimmigrants. They may travel with your fiancé(e) or later, but they cannot travel to the U.S. before your fiancé(e).

 

 

 

Yes he would need a new I-134  .. everything the same as with the K-1 .. sam documents, medical, etc.

Oh boy. Would this even be possible to complete before mid January when my husband received his VISA? He had to finish work, etc before he arrived in March so could not use it right away. 

[payxibka 10,044]

11 minutes ago, Pelmeni said:

Oh boy. Would this even be possible to complete before mid January when my husband received his VISA? He had to finish work, etc before he arrived in March so could not use it right away. 

The k2 must be issued before the one year anniversary,  the visa will have approximately 6 months of validity after issued no reason to wait,  get started now, just have the interview after his birthday 

Edited August 7, 2019 by payxibka

[Hank_ 9,173]

7 minutes ago, Pelmeni said:

Oh boy. Would this even be possible to complete before mid January when my husband received his VISA? He had to finish work, etc before he arrived in March so could not use it right away. 

I don't see why not, you could start all the processes to coincide with his 18th birthday ...   

 

How long did it take for your husband to complete the visa process at the embassy (medical, paying visa fee, scheduling the interview, etc)  ?   That should be a good gauge.   

[payxibka 10,044]

40 minutes ago, Neonred said:

My fiancee and her daughter received their K visas from Moscow when her daughter was just shy of her 17th birthday. It was also a K-2 to follow.  No one ever asked for a letter from the father allowing her to leave the country, and in fact they did not have one.

I know in Ukraine the age is 16.  I would not be surprised if it is similar in the motherland 

[Hank_ 9,173]

They already know the age is 18, which is why the son didn't travel with his dad

[Ksenia_O 695]

15 minutes ago, Pelmeni said:

Oh boy. Would this even be possible to complete before mid January when my husband received his VISA? He had to finish work, etc before he arrived in March so could not use it right away. 

Absolutely doable if you start now or so. 

 

As it's been mentioned before - you need to complete i-134 for the boy. He needs to get his Police certificate, get medical done, to fill out DS- 160. and schedule his interview. All of that should not take a lot of time. Just a wait for an interview can be long - depends on the embassy. That's it. 

 

You can start now - no need to wait till the boy turns 21. Medical, DS-160 - all can be done now. Just schedule an interview after he is 21, to avoid  the presentation of other parent's permission.

 

Good luck!!!!

Edited August 7, 2019 by Ksenia_O

[payxibka 10,044]

3 minutes ago, Hank_ said:

They already know the age is 18, which is why the son didn't travel with his dad

Awful big assumption,  facts not in evidence 

[Pelmeni 39]

Thank you, everyone!

[HRQX 4,145]

Maybe the following is why USEM Moscow is lenient: "Parental child abduction is not a crime in Russia. A parent or guardian must file a missing person report with the Russian police in order for the Ministry of the Interior (MVD) to take action. The Federal Bailiff's Service will assist with enforcement if a parent obtains a Russian court order granting custody or visitation." https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/International-Parental-Child-Abduction-Country-Information/RussianFederation.html

[Juniper 62]

On 8/7/2019 at 2:08 PM, Gomast said:

You are missing one “small” issue. Russia is a contracting country to the Hague Abduction Convention. A minor child cannot be relocated to another country without the consent of both parents. 

Your statement is incorrect with regard to Russia: "A minor child cannot be relocated to another country without the consent of both parents."

 

Russia acceded to the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention) on October 1, 2011; however, the United States and Russia are not yet treaty partners.

https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/abductions/hague-abduction-country-list.html

 

So that is why I got my minor child (who I have custody of and a child support order for) to immigrate to the USA because also according to Russian Law the father must legally petition for a travel ban and the father did not do that.  Leaving Russia border control, they check the travel ban data base and my minor child with IR2 step-child visa was free to go with one parent (me). I am describing a different timeline from my other son's F2A visa that is hooked to my current profile.

 

Applicable Russian Law:

According to Article 21 of Federal Law No. 114-ФЗ (FZ) as of 08/15/1996
on the Procedure for Exit from the Russian Federation and Entry Into the Russian
Federation, the procedure for filing an application stating opposition to exit from
the Russian Federation of a minor citizen of the Russian Federation shall be
established by the Government of the Russian Federation.

According to Decree No.273 of the Government of the Russian Federation
as of May 12, 2003 on the Establishment of the Rules for filing an application
stating opposition to exit from the Russian Federation of a minor citizen of the
Russian Federation, the above Rules describe the procedure for filing an
application stating opposition to exit from the Russian Federation of a minor
citizen of the Russian Federation in accordance with Article 21 of Federal Law No.
114-ФЗ (FZ) as of 08/15/1996 on the Procedure for Exit from the Russian
Federation and Entry Into the Russian Federation (hereinafter referred to as the
“application”).

 

An application must be personally filed by one of the parents, or adopted
parents, a trustee, or a legal guardian of the minor citizen of the Russian Federation
(hereinafter referred to as the “applicant”) with a local office of the Federal
Migration Service at the place of permanent or temporary residence, a border
control body, or a diplomatic mission (consular institution) of the Russian
Federation if the applicant permanently resides outside the Russian Federation.

Edited August 9, 2019 by Juniper