Questions about K1,K2 & I-485

[Proactiv1 10]

Background & Plan:

My fiance with two minor kids lives in her country and I have applied for a K-1 visa recently and received the receipt from USCIS. I know that it's a long wait before the visa petition moves through the different stages and finally gets the visa. Our plan is once she gets the K-1 visa she will come by herself to the US and we get married here and apply for I-485 for her and the kids. Below are my questions and appreciate it if anyone here who has the relevant experience could answer my questions here. Thanks much in advance.

Questions:

1) As she will be coming by herself on the first trip on K-1 visa can I still go ahead and apply for I-485 for her kids along with hers or do the kids have to be present in the US for me to apply for them? If I cannot apply for the kids without them being in the US then what options do I have?

2) As the green card process might take a long time she might need to go back to her country after 2-3 months of stay in the US to take care of the kids till the green cards arrive. I heard that if the applicant leaves the US the applicant's I-485 will be terminated as USCIS will deem the I-485 application is abandoned. What is that I need to do here in such a way that she can travel back to her country and still have the I-485 in motion?

3) In connection with my question in #2 above someone suggested applying for advance parole so that she can travel back to her country. Is that true? If it is true then when I receive the green cards for her and the kids (hoping that I can apply for kids green cards along with her without them being in the US) can I courier them to her country so that she can come back to the US along with the kids?

4) To avoid all the above complications if she plans to come along with the kids on the first trip do I need to apply for K-2 visas for the minor kids now or based on her K-1 visa (kids details are mention in it) she just needs to fill up DS-160 forms for each of the kids before the interview to get the K-2 visas?

I apologize for the long questions but I want to make sure that I do the right thing and not mess up the entire situation. Please answer in the same order so it wouldn't add up to the confusion I'm already in . Thanks much in advance.

[powerpuff 5,883]

~ Moved from K1 Forum to AOS from K1/K3 forum as almost all questions have to do with adjustment of status ~

Edited October 16, 2021 by powerpuff

[Crazy Cat 39,181]

52 minutes ago, Proactiv1 said:

Background & Plan:

My fiance with two minor kids lives in her country and I have applied for a K-1 visa recently and received the receipt from USCIS. I know that it's a long wait before the visa petition moves through the different stages and finally gets the visa. Our plan is once she gets the K-1 visa she will come by herself to the US and we get married here and apply for I-485 for her and the kids. Below are my questions and appreciate it if anyone here who has the relevant experience could answer my questions here. Thanks much in advance.

Questions:

1) As she will be coming by herself on the first trip on K-1 visa can I still go ahead and apply for I-485 for her kids along with hers or do the kids have to be present in the US for me to apply for them? If I cannot apply for the kids without them being in the US then what options do I have?

2) As the green card process might take a long time she might need to go back to her country after 2-3 months of stay in the US to take care of the kids till the green cards arrive. I heard that if the applicant leaves the US the applicant's I-485 will be terminated as USCIS will deem the I-485 application is abandoned. What is that I need to do here in such a way that she can travel back to her country and still have the I-485 in motion?

3) In connection with my question in #2 above someone suggested applying for advance parole so that she can travel back to her country. Is that true? If it is true then when I receive the green cards for her and the kids (hoping that I can apply for kids green cards along with her without them being in the US) can I courier them to her country so that she can come back to the US along with the kids?

4) To avoid all the above complications if she plans to come along with the kids on the first trip do I need to apply for K-2 visas for the minor kids now or based on her K-1 visa (kids details are mention in it) she just needs to fill up DS-160 forms for each of the kids before the interview to get the K-2 visas?

I apologize for the long questions but I want to make sure that I do the right thing and not mess up the entire situation. Please answer in the same order so it wouldn't add up to the confusion I'm already in . Thanks much in advance.

1.  No.  I-485s apply only to people inside the US.  The children MUST be inside the US to submit I-485s.

2.  She will not be allowed to leave the US without abandoning her adjustment until she has an approved Advance Parole document.  It could easily take 6-8 months.

3.  See #2 above.

4.  They cannot travel without K-2 visas.

Edited October 16, 2021 by Crazy Cat

[Boiler 43,392]

No timeline and somewhat confused at what you have done, seems so far you have only applied for a K1 so children have not been petitioned?

 

Once you marry and file then you also apply for Advanced Parole which allows her to leave and come back in whilst her GC process is happening. Seems to take c8 months.

 

Why would the children not come with her if they all wish to move to the US?

 

 

[powerpuff 5,883]

If you want to apply for K-2s later (known as follow to join), they’re required to have interviews and medicals. How will they be accompanied if 1) it takes 8 months or possibly longer to get Advance Parole document for your fiancé and 2) US consulates in Russia are not processing any immigrant and non immigrant visas?

 

With all the covid delays and logistical issues with having to travel to Poland to get the visas, you’re risking missing the 1 year window (K2s must be issued within 1 year of K1 visa issuance date). It is in your best interest to have them apply and arrive to the US at the same time.

Edited October 16, 2021 by powerpuff

[millefleur 5,035]

8 hours ago, powerpuff said:

How will they be accompanied if 1) it takes 8 months or possibly longer to get Advance Parole document for your fiancé and 2) US consulates in Russia are not processing any immigrant and non immigrant visas?

Excellent point. They will most likely have to do the interview in Warsaw, Poland, as that is the only consulate right now accepting Russians. It seems the medical can be done in Russia but the interview cannot. They need to find another embassy and right now seems like Poland is the only one. The only other option is if the fiancée and the children have strong ties to another 3rd country, they might be able to switch their interviews there. If not, Poland it is....and like @powerpuff said, this requires all of them to get Schengen visas so they can enter the EU and then go to Poland from there.

 

I'm not sure if the OP is aware of the situation with the closed Moscow Embassy and Poland being the new backup embassy. Switching to Poland has never been officially announced by the Moscow Embassy, so this might be the first time he's hearing about it. Given the current scenario, the fiancée and the kids traveling together seems like the only option.

 

OP should check out the RUB forum for the most recent updates on the Moscow Embassy to Warsaw situation:

https://www.visajourney.com/forums/forum/98-russia-ukraine-and-belarus/

Edited October 17, 2021 by millefleur

[OlgaA 67]

The thing is he has already petitioned for K1 so I guess what his options are: to stop K1 and apply K2? Or to continue K1 and it's possible K2 apply for children ?

As embassy in Russia is not open now and for children if they are not 18 would be problematic to travel to another country for interview alone. There or much to think about in this case.

I wish the best in your route. 

 

[Ayrton 965]

39 minutes ago, OlgaA said:

The thing is he has already petitioned for K1 so I guess what his options are: to stop K1 and apply K2? Or to continue K1 and it's possible K2 apply for children ?

As embassy in Russia is not open now and for children if they are not 18 would be problematic to travel to another country for interview alone. There or much to think about in this case.

I wish the best in your route. 

 

There's no petition for K2. The kids are listed on the K1 application. Later on, when the case is transferred to the embassy, the kids also fill out the DS160 and go to the interview, if necessary, with the parent.

[Crazy Cat 39,181]

@Proactiv1, the immigration process requires a great deal of knowledge, planning, time, patience, and money.  A failure in any of those areas can spell long delays or a denial.   Good luck. 

Edited October 17, 2021 by Crazy Cat

[Proactiv1 10]

Thanks everyone. The only reason we have planned that my fiance would come to the US first is with the assumption that we get the I-485 done in 2-3 months for her and her kids (without being in the US) which is not the case after reading your reviews. This way we thought we will have a short honeymoon period ☺️ of 2-3 months and then the kids would join but looks like it is not going to happen. Now we discussed and decided that she will come along with the kids and kicked our honeymoon dream out the door :).