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)

[SusieQQQ 11,584]

13 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.

I’m sure the 2yo is really going to appreciate “frequent visits”. 

Im not sure you understand all the nuances of the various immigration options, and you probably don’t understand that F2A is going to retrogress from around year end (the k2 will almost certainly not be a LPR by then so the petition for child will not be filed yet) and that yes it could easily then be 3 years before the child can join the mother. Which will mean separating the small child again from whoever it has since become to regard as its primary parent in DR for the years there while waiting for this, I suggest you and the mom think about this very, very carefully.

 

and no, I’m not an immigration attorney (not sure if that was a sarcastic comment) but it doesn’t take a lot of hanging around here to figure out how things work, nor does it take much to understand parental obligations towards minor children.

Edited October 24, 2019 by SusieQQQ

[aaron2020 11,651]

16 minutes ago, TGregorio said:

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.

53 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.

Sometimes being older and thinking you know the answers when asking for help does not align with wisdom.

 

First, you got the separations backwards.

 

The K-2 will separate the 20 years old and her child for at least 6 months while she waits for AP.  There is also the issue of abandoning her green card, so a Re-Entry for the 20 years old would be a good idea.  The 20 years old will have to file an F2a case which can take 2-3 years.  

 

The F2b path takes 7 years but they will never be separated.  The 20 years old and her child will process together for everything.  So your assumption that this path is inhumane is wrong.  

Second, nothing in immigration is guarantee.  

 

Third, the F2b path is much easier than a path involving proving a bona fide marriage like the K-1/K-2 path.

 

Get off your horse and try to accept some wisdom from others.  

 

Edited October 24, 2019 by aaron2020

[aaron2020 11,651]

Laugh all you want. You're the one with the problem.  We're trying to help, but it seems that you already know everything.

 

Enjoy life.  

 

 

[TGregorio 60]

The main reason that I started this thread was to find if anyone had gone through a similar process. If I thought that I knew everything, I would not be here.

Everyone has opinion!

[aaron2020 11,651]

3 minutes ago, TGregorio said:

The main reason that I started this thread was to find if anyone had gone through a similar process. If I thought that I knew everything, I would not be here.

Everyone has opinion!

Plenty of people have gone through a similar process.  Three generations can not immigrate on one petition; ever.  This is a common problem for lots of people.  

We gave you the two options that are available to the 20 years old and how to play them.
 

[Boiler 43,443]

Presumably there is a father involved who may have a say.

[designguy 1,179]

I think you are misunderstanding. There is currently no option for her to immigrate on the F2 visa with the child joining her for at least the next 2 years. If she does the F2B option at least she will stay together with her child the entire process.

 

A lot of times you don't hear the answer that you want but that doesn't change the facts. If she thinks its more important to immigrate to the US than be with her child then you already know what to do.

[Carpe Vinum 2,310]

27 minutes ago, TGregorio said:

The main reason that I started this thread was to find if anyone had gone through a similar process. If I thought that I knew everything, I would not be here.

Everyone has opinion!

I have never seen a k-2 twice removed and screwed up by Rapid Visa on this forum before. You are unique...)))

[SusieQQQ 11,584]

10 minutes ago, designguy said:

 

If she thinks its more important to immigrate to the US than be with her child then you already know what to do.

Yeah

i gotta think, if I was sponsoring someone on a fiancée or spouse visa and their family seemed more interested in green cards than actual family relationships...I might be worried. But maybe that’s just me, having read too many threads on VJ in the other forum. 🤷🏻‍♂️ 

[Ed&Midori1031 330]

2 hours ago, aaron2020 said:

Laugh all you want. You're the one with the problem.  We're trying to help, but it seems that you already know everything.

 

Enjoy life.  

 

 

Ditto

[geowrian 22,335]

Unfortunately, you were given incredibly bad advice previously...certainly not a first for RV to do so, but nothing can be done about that now. Best thing with something so important would have been to follow up/verify the advice.

The available options have been presented. Now you know what can be done. The choice is yours (well, hers really).

[Unlockable 7,306]

4 hours ago, TGregorio said:

The main reason that I started this thread was to find if anyone had gone through a similar process. If I thought that I knew everything, I would not be here.

Everyone has opinion!

You were given the best options. And people are helping you. The problem is you (or rather you family members) are limited on what they can legally do. There are some great VJ members here who have replied with excellent and accurate advice. Wish you would have found this site prior to RapidVisa. 

 

The issue is the realization of immigration is coming down on you. When someone makes the decision to immigrate, they are making a decision that may affect their family including being separated from loved ones for a long time. Like someone already mentioned, there is no "come one, come all at once" option. We have seen so many times here where somebody had to leave family behind to get the immigration path started. It is something that you are finding out now. 

 

You ask if there have been someone else who've experienced the same as your family. The answer is, yes. And they had a tough decision to make.

We have seen mothers leave their child(ren) behind.

We have seen people be separated from their spouses for years...years.

We have seen numerous people in legitimate marriages get denied a visa.

There was even a woman on here who needed to get a visitor visa to the US to see her dying mother before she passes... and was denied the visa and never got to see her mom one last time.

 

Immigration is about sacrifices and this is one of the examples of how big those sacrifices can be

 

If you do a search on here, you will find many people who've had RapidVisa either give them bad advice or screw up their case.

 

The good news is that the 20yo and 2yo still has options (albeit not the way they want it to be). But at least they still have an option.

[USS_Voyager 1,971]

7 hours ago, TGregorio said:

Everyone has opinion!

I just wanted to point out that had you done the research and asked this question before you started the K-1 a year ago or whatever, people would have told you to do CR1 instead. It would have been a much much better option, because by the time you got to this point, both the K-1 and K-2 would have been able to enter on immigrant visas and the daughter would be able to drop an F2 petition for the granddaughter and the granddaughter would be able to come in about 12-15 months maximum!

[HRQX 4,145]

31 minutes ago, USS_Voyager said:

I just wanted to point out that had you done the research and asked this question before you started the K-1 a year ago or whatever, people would have told you to do CR1 instead. It months maximum!

Even if the marriage for the CR-1 occurred right after the stepdaughter turned 18 I'd still recommend the CR-1. In that scenario, after the CR-1 entered the US she would file an I-130 to start the F2A process; F2A allows derivatives (9 FAM 502.2-3(C)).

[SalishSea 16,775]

12 hours ago, TGregorio said:

It appears Rapidvisa's counsel was inaccurate.

 

Unfortunately, they were.  One of the many stories here on VJ of Rapidvisa giving out incorrect information.