K-1 / K-2 Complicated process

[NikLR 13,220]

40 minutes ago, eirinlinn said:

Agreed! a baby shouldn't ever be separated from their mom 😪

I disagree but this case does not qualify for one of those reasons. 

[Ontarkie 13,913]

~~Hijack post removed. Please start your own thread if you have questions about your own case.~~

[Orangesapples 1,954]

1 hour ago, NikLR said:

I disagree but this case does not qualify for one of those reasons. 

Unless the mom is abusive, babies and small children should never be separated from their moms. It causes severe attachment and abandonment problems. It's traumatic for the little one. 

[NikLR 13,220]

1 hour ago, Orangesapples said:

Unless the mom is abusive, babies and small children should never be separated from their moms. It causes severe attachment and abandonment problems. It's traumatic for the little one. 

That would be a case against shouldn't ever. 

[Yugo1996 9]

Thank you everyone for helping us out! 

The embassy agreed with my case and admitted a K-2 for our son. They passed the interview and now we are waiting for their Visa, They said that it would be done in 3 days and hopefully be in the U.S. by the end of the month. 

Again thank you all for your help, I had already Plans A through E planned thanks to everyone's input and advice.

[geowrian 22,335]

Thanks for the update and I'm glad it worked out well.

I was a bit confused as well as I scoured the INA and FAM, and it said nothing of an ineligability due to a relationship with the petitioner. The only eligibility was defined in terms of the relationship to the K-1 applicant.

At the same time, there was nothing that specifically covered this circumstance either way.

 

References:

 

INA 101(b)(1): https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim

Quote

(b) As used in subchapters I and II-

(1) The term "child" means an unmarried person under twenty-one years of age who is-

...

(D) a child born out of wedlock, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother or to its natural father if the father has or had a bona fide parent-child relationship with the person;

INA 101(a)(15)(K)(iii): Same link

Quote

(K) subject to subsections (d) and (p) ² of section 1184 of this title, an alien who-

(i) is the fiancée or fiancé of a citizen of the United States (other than a citizen described in section 1154(a)(1)(A)(viii)(I) of this title) and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after admission;

(ii) has concluded a valid marriage with a citizen of the United States (other than a citizen described in section 1154(a)(1)(A)(viii)(I) of this title) who is the petitioner, is the beneficiary of a petition to accord a status under section 1151(b)(2)(A)(i) of this title that was filed under section 1154 of this title by the petitioner, and seeks to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa; or

(iii) is the minor child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien;

 

9 FAM 502.7-3(B): https://fam.state.gov/fam/09FAM/09FAM050207.html#M502_7_3_B

Quote

(3)  Classification under INA 101(a)(15)(K)(iii) (Child of K-1 – K-2, and Child of K-3 – K-4):

(a)  This provision is for the children of either a K-1 or a K-3.  An accompanying or following-to-join child (as defined in INA 101(b)(1)) of a K-1 is entitled to K-2 derivative status.

 

[HRQX 4,145]

On 1/27/2020 at 11:56 AM, Yugo1996 said:

They passed the interview and now we are waiting for their Visa, They said that it would be done in 3 days and hopefully be in the U.S. by the end of the month.

Then comes Steps #14 - #23 of the following flowchart:

After Step #23 your son will automatically become a citizen per INA 320. At that time he can apply for a US passport and/or Certificate of Citizenship:

• https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Child-Citizenship-2000-Sections-320-322-INA.html
• https://www.uscis.gov/forms/n-600-application-certificate-citizenship-frequently-asked-questions

[SalishSea 16,769]

On 1/23/2020 at 1:09 PM, Yugo1996 said:

 

Congratulations!  We've all learned something through this thread. Best of luck going forward.

Edited January 29, 2020 by Jorgedig
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