Question on K2 visa.....entry and exit rules

[JinTX 0]

I have a question on the K2 visa and hopefully this makes sense.....my fiancee received her K1 visa the other day along with the visas of her two minor children.  We are planning on her arriving in the US sometime in December.  Her oldest son would like to come to the US with her in December during his Christmas break from school but then wants to return home to finish the school year.  The question is this, is it possible for a child entering on a K2 visa to leave the US and then return later.  Her son would like to return to the US at a later date but wants to finish the school year in his home country.

 

Any assistance would be appreciated....

[payxibka 10,044]

4 minutes ago, JinTX said:

I have a question on the K2 visa and hopefully this makes sense.....my fiancee received her K1 visa the other day along with the visas of her two minor children.  We are planning on her arriving in the US sometime in December.  Her oldest son would like to come to the US with her in December during his Christmas break from school but then wants to return home to finish the school year.  The question is this, is it possible for a child entering on a K2 visa to leave the US and then return later.  Her son would like to return to the US at a later date but wants to finish the school year in his home country.

 

Any assistance would be appreciated....

K2 is single entry, if he arrives and leaves he can't come back, you will need to petition again after you marry as your stepson

[Pitaya 2,576]

11 minutes ago, payxibka said:

K2 is single entry, if he arrives and leaves he can't come back, you will need to petition again after you marry as your stepson

^^^^ Agree. K2 is a one-way, one-time visa to enter the US. If the K2 leaves prior to completing AOS process, they will have to start the immigration process again, this time using the Form I-130, Petition for an Alien Relative. Look in the VJ guides for info about a USC bringing a child, son or daughter (also stepchildren) to the US (after you marry the K1).

[JFH 12,189]

Had you married first and applied for the visa second, this would not have been an issue. However, the visa path you chose does not permit this. He can certainly leave. It’s coming back that will be the issue. The only way he could return to live would be through an immigrant visa petition as your step-son after you are legally married. It would take around 18 months. If you marry in December and start the petition for him immediately, by about the summer of 2021 he would be able to return. 

[Pitaya 2,576]

26 minutes ago, JFH said:

Had you married first and applied for the visa second, this would not have been an issue. However, the visa path you chose does not permit this. He can certainly leave. It’s coming back that will be the issue. The only way he could return to live would be through an immigrant visa petition as your step-son after you are legally married. It would take around 18 months. If you marry in December and start the petition for him immediately, by about the summer of 2021 he would be able to return. 

Good point ^^^^ 

I have known some folks that have done exactly that, timing of the visa processing is the key.