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TGregorio

The visa process for 2 y.o. child of a 20 y.o. K-2 child who is a child of a K-1 (mother)

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The approved I-129F Petition for Fiancé Visa includes my wife and her two daughters. The oldest daughter was told that her visa was approved, but because her 2 year old son was not included on the I-129F petition, she would have to petition for her son after she receives her green card.

 

I was told last year that the consulate officer was enabled to approve the visa for the child of the K-2 who is a child of a K-1 (mother) during the interview.

 

Has as anyone had a similar situation?

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40 minutes ago, TGregorio said:

The approved I-129F Petition for Fiancé Visa includes my wife and her two daughters. The oldest daughter was told that her visa was approved, but because her 2 year old son was not included on the I-129F petition, she would have to petition for her son after she receives her green card.

 

I was told last year that the consulate officer was enabled to approve the visa for the child of the K-2 who is a child of a K-1 (mother) during the interview.

 

Has as anyone had a similar situation?

Not sure where you got that info, but a grandchild of the beneficiary (your wife) is not eligible to be a derivative on the K visa.  In fact, there are no family immigrant visas for grandchildren.

Edited by Jorgedig
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Hm, your wife (I presume fiancé on entry) was principal beneficiary and the daughter derivative. You cannot have a derivative of a derivative on a petition, so the grandchild is not eligible. Assuming the 20yo does not wish to leave her son behind, the way to do this will take longer - she doesn’t come as k2 but waits until her mom/your wife has a green card, she can then file for her as unmarried child of LPR in F2A/F2B category (depending on her age when this happens), in that case the 20yo daughter is now the principal beneficiary and her small child is the derivative so able to join her.

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Filed: EB-3 Visa Country: Germany
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Agree with the above, there is no derivative of a derivative of a visa for this case. The daughter has a decision to make now. Her options are as follows to bring her son:

  • Enter the US with her mother on the K2 visa. Adjust status once the mother marries and upon getting her greencard, she will be able to petition for her son. This will take about 2-3 years 
  • Does not enter on the K2 and waits till her mother has her green card. The mother then petitions the daughter. At this point as she is already 20 I don't see a path that she would be eligible for the F2A which means she would be under F2B. This will take around 5 years and she would then enter with her son together who will be her derivative
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8 hours ago, Jorgedig said:

Not sure where you got that info, but a grandchild of the beneficiary (your wife) is not eligible to be a derivative on the K visa.  In fact, there are no family immigrant visas for grandchildren.

Yes, I'm aware that grandchildren are not included as a derivative of the K1. That's not how I filed the I-129F petition for fiancé visa last year.

 

I was told by Rapidvisa that the K2 (20 y.o daughter) has to apply for her visa as a K1 on the Form DS-160, and her 2 y.o. child as a K2. That's what was done, and the MRV fees were paid for my step-daughter as the K1 and her son as the K2. Rapidvisa also told me that the consulate officer has to approve/process the 2 y.o. Child's visa.

 

It appears Rapidvisa's counsel was inaccurate.

 

Thanks for your response.

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Filed: AOS (apr) Country: Philippines
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4 minutes ago, TGregorio said:

Yes, I'm aware that grandchildren are not included as a derivative of the K1. That's not how I filed the I-129F petition for fiancé visa last year.

 

I was told by Rapidvisa that the K2 (20 y.o daughter) has to apply for her visa as a K1 on the Form DS-160, and her 2 y.o. child as a K2. That's what was done, and the MRV fees were paid for my step-daughter as the K1 and her son as the K2. Rapidvisa also told me that the consulate officer has to approve/process the 2 y.o. Child's visa.

 

It appears Rapidvisa's counsel was inaccurate.

 

Thanks for your response.

It appears they were

YMMV

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7 hours ago, designguy said:

Agree with the above, there is no derivative of a derivative of a visa for this case. The daughter has a decision to make now. Her options are as follows to bring her son:

  • Enter the US with her mother on the K2 visa. Adjust status once the mother marries and upon getting her greencard, she will be able to petition for her son. This will take about 2-3 years 
  • Does not enter on the K2 and waits till her mother has her green card. The mother then petitions the daughter. At this point as she is already 20 I don't see a path that she would be eligible for the F2A which means she would be under F2B. This will take around 5 years and she would then enter with her son together who will be her derivative

As her K2 visa has been approved, it makes sense for her to pursue the first option, assuming no other options exists.

 

To expect a mother to leave her child behind without family to watch over her child for even one year, let alone 5 years is not human.

 

Thanks for your response.

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Filed: AOS (apr) Country: Philippines
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2 minutes ago, TGregorio said:

As her K2 visa has been approved, it makes sense for her to pursue the first option, assuming no other options exists.

 

To expect a mother to leave her child behind without family to watch over her child for even one year, let alone 5 years is not human.

 

Thanks for your response.

Then the first option is not "humane" as an extended separation of 3 years (or more) from the k2 mother and her child is a sad reality 

 

Option 2 at least keeps the k2 mother together with her child 

YMMV

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44 minutes ago, TGregorio said:

Yes, I'm aware that grandchildren are not included as a derivative of the K1. That's not how I filed the I-129F petition for fiancé visa last year.

 

I was told by Rapidvisa that the K2 (20 y.o daughter) has to apply for her visa as a K1 on the Form DS-160, and her 2 y.o. child as a K2. That's what was done, and the MRV fees were paid for my step-daughter as the K1 and her son as the K2. Rapidvisa also told me that the consulate officer has to approve/process the 2 y.o. Child's visa.

 

It appears Rapidvisa's counsel was inaccurate.

 

Thanks for your response.

That’s just crazy, on what possible basis could the daughter apply as K1 without a fiancé to petition her?! Did these people charge you for the advice?

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25 minutes ago, TGregorio said:

As her K2 visa has been approved, it makes sense for her to pursue the first option, assuming no other options exists.

 

To expect a mother to leave her child behind without family to watch over her child for even one year, let alone 5 years is not human.

 

Thanks for your response.

I gave you an option which does not involve leaving the child behind, but it takes longer.

just because the k2 has been approved, it doesn’t mean she is bound to use it. The question is what is more important to her: getting to the US earlier, or staying with her son until they can go together?

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11 minutes ago, payxibka said:

Then the first option is not "humane" as an extended separation of 3 years (or more) from the k2 mother and her child is a sad reality 

 

Option 2 at least keeps the k2 mother together with her child 

There are no guarantees that she would be approved with option 2 after she turns 21 and many years later. She is approved now!

 

Upon further thought, as a family, we will be able to visit the child in the DR frequently, while the K2 mother waits to adjust status and file for petition for her child. This process is different for couples and will not take two or three years.

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2 minutes ago, TGregorio said:

There are no guarantees that she would be approved with option 2 after she turns 21 and many years later. She is approved now!

 

Upon further thought, as a family, we will be able to visit the child in the DR frequently, while the K2 mother waits to adjust status and file for petition for her child. This process is different for couples and will not take two or three years.

What are you talking about, there is no “guarantee” she would be approved?  Why not? It’s a straightforward family sponsor case, if she qualifies as k2 she will qualify as f2, it’s the same family relationship.... The only problem would be if she got married while waiting.

Edited by SusieQQQ
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Filed: AOS (apr) Country: Philippines
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2 minutes ago, TGregorio said:

There are no guarantees that she would be approved with option 2 after she turns 21 and many years later. She is approved now!

 

Upon further thought, as a family, we will be able to visit the child in the DR frequently, while the K2 mother waits to adjust status and file for petition for her child. This process is different for couples and will not take two or three years.

Depending on where you live it could be up to one year for her to get her green card and then another 1 to 2 years for the child's petition.   It's the sad reality of the math.  Plus, after her arrival,  it will be about 6 months or more before she can visit the first time 

YMMV

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Just now, SusieQQQ said:

I gave you an option which does not involve leaving the child behind, but it takes longer.

just because the k2 has been approved, it doesn’t mean she is bound to use it. The question is what is more important to her: getting to the US earlier, or staying with her son until they can go together?

Thanks SusieQQQ. You must be an immigration attorney and know all the written and unwritten rules of the K visa. 

 

That is a good question, what is most important to a 20 year old child. What they think and want does not always align with wisdom.

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