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Filed: AOS (pnd) Country: Philippines
Timeline
Posted

Hello,

My wife got her K1 visa in February 2020.  She arrived in US on March 3 of that year and we got married the 21st.  Currently we are in the process of getting all the forms and whatnot ready for submitting her AOS application, but today we noticed that she received an email from the manila embassy saying that her child has an expedited appointment for his K2 visa interview on May 24.  

We are a little confused as to why he has an appointment for his K2 now.  I think he was listed as follow to join on the visa application, I'm not sure if that's what this is or not.

Anyways, we have a few questions.

 

The email gives instructions for the medical exam and interview, but does he need to do a DS160 as well?  I'm assuming so.  And can the affidavit of support used for his mother's visa be used again or will I need to submit another affidavit of support?  Are there any other documents from his mom's visa application that can be or need to be used for his?  Since the appointment is not too long from now I was worried any new documents may not arrive in time.

Another question.  Even though his mother does not have AP yet, would she be able to go there to accompany him on his way to U.S?

Any help is greatly appreciated.

Filed: Country: Vietnam (no flag)
Timeline
Posted

Unfortunately, a mistake has been made.  The cutoff date for issuing a K-2 is one year after the K-1 is issued.  That deadline was Feb. 2021.

 

You need to contact the US Embassy to cancel the appointment.

 

A K-2 would need his/her own DS-160 and medical exam.

If your wife leaves the US without AP, then she will automatically abandon her AOS.  There is no way around this.  

If the child was under age 18 when married mom, then you can file an I-130 petition as the stepparent.  This would be the quickest way for the child to immigrate to the US.

Filed: Country: Vietnam (no flag)
Timeline
Posted
6 minutes ago, dksanders said:

Thank you much for your reply.  I posted this question to another source and they said the 12 month window extended to 18months due to covid.  Could this be possible?

I'm unaware of any such extension.   

Can your other source point to anything posted by the State Department or the US Embassy about an extension?  Or any news?  Or any lawyer's website?

Posted
21 hours ago, dksanders said:

Thank you much for your reply.  I posted this question to another source and they said the 12 month window extended to 18months due to covid.  Could this be possible?

Just curious if she entered the US in Feb 2020 why just now getting the documents to submit for AOS in May 2021. If AOS was submitted timely you would have the AP by now. 

The United States is now a country obsessed with the worship of its own ignorance.  Americans are proud of not knowing things.  They have reached a point where ignorance, is an actual virtue.  To reject the advice of experts is to assert autonomy, a way for Americans to insulate their increasingly fragile egos from ever being told they're wrong about anything.  It is a new Declaration of Independence: no longer do we hold these truths to be self-evident, we hold all truths to be self-evident, even the ones that arent true.  All things are knowable and every opinion on any subject is as good as any other.  The fundamental knowledge of the average American is now so low that it has crashed through the floor of "uninformed", passed "misinformed", on the way down, and now plummeting to "aggressively wrong."

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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