Fiance's children

[Besamiot 35]

Hello everyone  Hope all of you are doing well. I have a question, though I'm not there yet. What will happen if we are approved and my fiance goes to embassy with all his children. They obtain visas but some children are unable to travel to the United states when the others come? We have 90 days to get married. What happens if they can only join us say 5 months after they obtain the Visa? Your input, please. Thanks. 

[LilyJ 1,258]

They don't all have to come at the same time, but they do have to come before the visa expires. The visa will be good for 6 months from the date of the medical. If they don't come to the US before then, then you will have to re-petition for them as a step parent after you get married

[Boiler 43,396]

K2's have a year to follow.

[Greenbaum 12,258]

36 minutes ago, Besamiot said:

Hello everyone  Hope all of you are doing well. I have a question, though I'm not there yet. What will happen if we are approved and my fiance goes to embassy with all his children. They obtain visas but some children are unable to travel to the United states when the others come? We have 90 days to get married. What happens if they can only join us say 5 months after they obtain the Visa? Your input, please. Thanks. 

What is needed at my interview for a K2 who will follow later on?

 

You child(rend) is not getting a visa at this time so nothing is required for them.   As long as the child(rend) is listed on the I-129F they are good to go to complete their visa within the year of their mother's visa issue date.

 

FYI =  K-2 Follow to join must be completed within a year of your visa being issued.  If you don't get the K-2 visa ISSUED within that time frame means filing a separate I-130 petition (taking roughly 9 - 12 months)

Edited January 25, 2020 by Greenbaum

[Just Paul 4,591]

K2's follow to join have a year from the date of issue of the K1 visa and be in the US.   Make sure that they are listed on the K1 petition, etc.  

 

Watch the timing especially if the K1 has to return to travel with them.  The K1 needs to get married, file AOS and get an AP.

[Besamiot 35]

7 hours ago, LilyJ said:

They don't all have to come at the same time, but they do have to come before the visa expires. The visa will be good for 6 months from the date of the medical. If they don't come to the US before then, then you will have to re-petition for them as a step parent after you get married

Thanks a lot LilyJ. This sure helps. I wish you well.

[Besamiot 35]

6 hours ago, Greenbaum said:

What is needed at my interview for a K2 who will follow later on?

 

You child(rend) is not getting a visa at this time so nothing is required for them.   As long as the child(rend) is listed on the I-129F they are good to go to complete their visa within the year of their mother's visa issue date.

 

FYI =  K-2 Follow to join must be completed within a year of your visa being issued.  If you don't get the K-2 visa ISSUED within that time frame means filing a separate I-130 petition (taking roughly 9 - 12 months)

Thank you Greenbaum.  His children's names were on the i-129F. I always thought they will go together with him to the embassy and possibly get their visas on the same day. Thank you always for your prompt input. 

[Besamiot 35]

6 hours ago, Paul & Mary said:

K2's follow to join have a year from the date of issue of the K1 visa and be in the US.   Make sure that they are listed on the K1 petition, etc.  

 

Watch the timing especially if the K1 has to return to travel with them.  The K1 needs to get married, file AOS and get an AP.

Paul & Mary, so if I understand you, their father can go to the embassy with the children who can accompany him when he is coming, and then the rest of the children would go to embassy later? Because if the Visa is valid for 6 months, then they can't stay a year before coming. 

[Besamiot 35]

7 hours ago, Boiler said:

K2's have a year to follow.

Thank you. So they can go to obtain their Visa anytime within one year. Not when their dad goes to obtain his, right?

[Just Paul 4,591]

2 minutes ago, Besamiot said:

Paul & Mary, so if I understand you, their father can go to the embassy with the children who can accompany him when he is coming, and then the rest of the children would go to embassy later? Because if the Visa is valid for 6 months, then they can't stay a year before coming. 

You need to be careful on the timing of the second group of kids.  The kids have to be in the US within the year that the K1 visa is issued.   Depending on the age of the kids and the requirements for them to travel alone, the beneficiary may have to travel with them.  Time to get married, copy of the birth certificate, and get the AP needs to be remembered in the process.   

 

[Besamiot 35]

1 hour ago, Paul & Mary said:

You need to be careful on the timing of the second group of kids.  The kids have to be in the US within the year that the K1 visa is issued.   Depending on the age of the kids and the requirements for them to travel alone, the beneficiary may have to travel with them.  Time to get married, copy of the birth certificate, and get the AP needs to be remembered in the process.   

 

Thanks again. This is a tricky situation. So if a Visa is issued their dad, say in May, all the children have to be here by year's end?

[sree_yash 168]

15 minutes ago, Besamiot said:

Thanks again. This is a tricky situation. So if a Visa is issued their dad, say in May, all the children have to be here by year's end?

That's correct.

 

[Ryan H 3,790]

**Moved from Progress Reports to Process & Procedures; hijack post and reply to said post removed.**

[Besamiot 35]

1 hour ago, sree_yash said:

That's correct.

 

Okay. Understood. Thanks. 

[Just Paul 4,591]

1 hour ago, Besamiot said:

Thanks again. This is a tricky situation. So if a Visa is issued their dad, say in May, all the children have to be here by year's end?

No, let's try math again.   Let's say his visa is approved on July 1.   He would need to be in the US 6 months later (6 months from medical technically)  and all of the other derivatives would need to be in the US by June 30, 2021.

 

Is the second batch of kids old enough to leave and fly alone?