K2 Question

[BOKURAGAITA 101]

Hello,

I wanted to know if its possible for my children to attend their Visa Interview though we only filed my K1 petition, theyre supposed to FTJ (FOLLOW TO JOIN)  when I recieved an email from the Embassy for my Interview date they sent me 2 emails ), 1st has my name on it and 2nd email has my name and my children's name though we never filed any for K2 but their name's was listed in I129f. 

 

Is it possible for them to attend if we pay the visa fee, fill up the ds160, do their medical. I was Sputum and my result will be in Dec 22 and i read few applicants recieved an email for their rescheduled date for visa interview from the embassy after completing their medical. 

 

Thank you. 

[Hank_ 9,173]

51 minutes ago, BOKURAGAITA said:

Hello,

I wanted to know if its possible for my children to attend their Visa Interview though we only filed my K1 petition, theyre supposed to FTJ (FOLLOW TO JOIN)  when I recieved an email from the Embassy for my Interview date they sent me 2 emails ), 1st has my name on it and 2nd email has my name and my children's name though we never filed any for K2 but their name's was listed in I129f. 

 

Is it possible for them to attend if we pay the visa fee, fill up the ds160, do their medical. I was Sputum and my result will be in Dec 22 and i read few applicants recieved an email for their rescheduled date for visa interview from the embassy after completing their medical. 

 

Thank you. 

There is only the I-129F (K-1) petition.  Listing the children is required there, good that you had that covered.   THAT is all that is necessary for processing the K-2, there is not a separate petition.

 

If you are still planning to complete the Follow To Join (completed within 1 year of  the K-1 visa issuance) there is no reason for the children to attend.  If you plan for them to travel with you now, then yes, they must complete everything you are required to complete (few exceptions for age)

[BOKURAGAITA 101]

1 hour ago, Hank_ said:

There is only the I-129F (K-1) petition.  Listing the children is required there, good that you had that covered.   THAT is all that is necessary for processing the K-2, there is not a separate petition.

 

If you are still planning to complete the Follow To Join (completed within 1 year of  the K-1 visa issuance) there is no reason for the children to attend.  If you plan for them to travel with you now, then yes, they must complete everything you are required to complete (few exceptions for age)

They're not going to travel with me yet but only assure visas, after what happen to my Medical (Sputum) I was worried sick if we filed for FTJ any thing might delay. I would like them to assure visas and i believe its only 6mos for them to stay here and my fiance and I will be back in Phi to get them (same time their virtual school ends), they aged 8, 6 and 5. 

[arken 4,197]

Yes they can attend the visa interview anytime either with you or after you. Note that they need to enter US within 6 months from the medical not from the visa issue date.

[BOKURAGAITA 101]

5 minutes ago, arken said:

Yes they can attend the visa interview anytime either with you or after you. Note that they need to enter US within 6 months from the medical not from the visa issue date.

Its likely their visa validity is tied in thier medical. Thank you 

[Hank_ 9,173]

1 hour ago, BOKURAGAITA said:

They're not going to travel with me yet but only assure visas, after what happen to my Medical (Sputum) I was worried sick if we filed for FTJ any thing might delay. I would like them to assure visas and i believe its only 6mos for them to stay here and my fiance and I will be back in Phi to get them (same time their virtual school ends), they aged 8, 6 and 5. 

If they will be ready to travel within a few months then yes it is possible, just have to be IN the USA before the expiration date on the visa.  Visa is valid for a maximum of 6 months from the date of the medical.

 

There is an issue on your end though being you are K-1, you most likely would not have your green card, you would need to apply for an Advance Parole I-131 .. then hope you obtain that quick enough to travel.

 

Why not delay YOUR traveling to the USA for a few months also ... less chance of issues.  Then you all travel together.

[Chancy 6,233]

39 minutes ago, Hank_ said:

Why not delay YOUR traveling to the USA for a few months also ... less chance of issues.  Then you all travel together.

 

She can only delay up to 3 months after the release of her sputum test results.  That will be the expiry date of her visa.  Yet another reason being tagged for sputum testing sucks.  In my case, I had my expedited interview 1 month + 1 week after clearing my medical.  Considering the time it might take for my visa to be issued and delivered, I'll only have around a month to travel before my visa expires.

 

[Chancy 6,233]

2 hours ago, BOKURAGAITA said:

I would like them to assure visas and i believe its only 6mos for them to stay here and my fiance and I will be back in Phi to get them (same time their virtual school ends), they aged 8, 6 and 5. 

 

I strongly encourage you to travel at the same time as your kids, not have them FTJ.  Though it's possible to get your AP travel permit within 6 months, it's unlikely.  What are you going to do if you don't get your AP in time?  Your spouse-to-be would need to get a visa to travel to the Philippines without you.  What if he's not approved or the approval gets delayed?  After that, he might be hassled at the airport for traveling with kids who are not his legitimate children.  What if the BI officer refuses to let your kids board without DSWD clearance even if it's not required?  What then?

 

There are so many timing-dependent risks with your plan to have your kids FTJ.  How about just having them finish their schooling while in the US?  It's fully online, right?  Your sleep schedule would get messed up for a few months, but at least you don't have to worry about them not being able to travel to the US as K2.  Or just enrol them at a US school.

 

[Adventine 3,187]

1 hour ago, Chancy said:

 

I strongly encourage you to travel at the same time as your kids, not have them FTJ.  Though it's possible to get your AP travel permit within 6 months, it's unlikely.  What are you going to do if you don't get your AP in time?  Your spouse-to-be would need to get a visa to travel to the Philippines without you.  What if he's not approved or the approval gets delayed?  After that, he might be hassled at the airport for traveling with kids who are not his legitimate children.  What if the BI officer refuses to let your kids board without DSWD clearance even if it's not required?  What then?

 

There are so many timing-dependent risks with your plan to have your kids FTJ.  How about just having them finish their schooling while in the US?  It's fully online, right?  Your sleep schedule would get messed up for a few months, but at least you don't have to worry about them not being able to travel to the US as K2.  Or just enrol them at a US school.

 

 

I completely agree. It's unwise to count on receiving Advance Parole within 6 months. AP and/or the US citizen's PH visa could be granted long after the K2 visas expire. If that happens, then the kids will be stranded in the Philippines with expired visas and with no one able to fetch them.

 

If school is the reason for delaying the kids' travel, there are ways to get kids enrolled in a US school even in the middle of the school year. I think @top_secret did this for his Filipino stepdaughter.

Edited November 5, 2021 by Adventine

[top_secret 2,103]

4 minutes ago, Adventine said:

If school is the reason for delaying the kids' travel, there are ways to get kids enrolled in a US school even in the middle of the school year. I think @top_secret did this for his Filipino stepdaughter.

Exactly.  That turned out to be an absolutely stunning success.   The girl is just loving every moment being back in the classroom after a year and a half doing online school.  She is in third grade and we were of course concerned it would be a difficult transition for her dealing with such drastic change, but that sure turned out to not to be the case.  Every day she is coming home and  just goes on and on about how awesome her new teacher, classmates and school are.  She has very directly stated that US school is much better than the Philippines.

 

She was doing online "modules" in the Philippines and we had her continue that the first week she was here since she was just wrapping up a reporting period there and will still get her grades in the Philippines.  Then we just went 100% all in on California school the second week (this week).

 

Lunch has been the only sticking point so far since, GASP!!!,,, the cafeteria has no rice, and 30 minutes is not even enough time to eat lunch.  But I guess the rest of the school experience makes up for those shortcomings.  

 

I realize different kids and different schools may not be the same but our experience with how she adapted to transferring mid year to US school has been totally positive.  I think all the kids in the Philippines are really losing allot on these online classes.

[Chancy 6,233]

5 minutes ago, top_secret said:

the cafeteria has no rice

 

Rice is life.  You better make it up to your daughter for subjecting her to the torture of a no-rice cafeteria

 

[top_secret 2,103]

21 minutes ago, Chancy said:

 

Rice is life.  You better make it up to your daughter for subjecting her to the torture of a no-rice cafeteria

 

Not to worry.  Despite the spaghetti school lunch, I now seem to have acquired a 50 lb. bag of rice sitting on the floor in my kitchen and a shiny new rice cooker occupying the countertop where there was none before.

[Hank_ 9,173]

On 11/5/2021 at 10:16 AM, Chancy said:

 

She can only delay up to 3 months after the release of her sputum test results.  That will be the expiry date of her visa.  Yet another reason being tagged for sputum testing sucks.  In my case, I had my expedited interview 1 month + 1 week after clearing my medical.  Considering the time it might take for my visa to be issued and delivered, I'll only have around a month to travel before my visa expires.

 

I am aware.  I only made the delay suggestion as she is K-1 and planning to return to the Phils to fetch her kids within a few months of arriving in the USA (not enough time to complete AOS and have the GC), she will need the I-131 approved and card in hand before exiting or she will create a whole new issue ... not being able to return.   

Edited November 6, 2021 by Hank_