wanting to go forward with the k2 for fiance's child.

[dvddvd 0]

hello,

my fiance is here in the states on a finace visa. she's been here 3 weeks and we have not married yet. we plan to bring her daughter here in the very near future and have included her in all of the paperwork from the beginning. checking the planning to follow box. etc.

today, i heard that we cannot bring her daughter here on a k2 visa after we marry. is this true??

if this is true ... what do we have to do in order to bring her daughter here on a k2? (send in packet 3 to the embassy .... before we marry????)

i hope this makes sense and that someone here can clarify the process.

thanks,

dvd

[pj1959us 0]

Yes the child can get a K-2 after the K-1 marries the original petitioner. The K-2 visa must be issued within 1 year after the K-1 was issued, then has 6 months to use it.

[jj1028 3]

k2 on a follow to join can get their visa within 1 year that your fiance got hers.. even if u got married, she can still follow on a k2, u only need to have a few paperworks to be submitted to the embassy... im not really sure how it goes but im really certain that she can follow w/ k2 visa within 1 year.

[raymaga 25]

My daughter (K-2) followed me (K-1) later. If you have any questions, let me know.

[dvddvd 0]

thanks for all of the responses.

this morning, while searching vj i ran across a few posts that seemed to indicate that you cannot start the process of bringing your fiance's children to the usa on a k2 once you've married, applied for aos, ead, and ap. etc. the posts were old and could be a little outdated. also, they not 100% clear in thier meaning. as you can tell by my questions. ;-) sorry.

is there anything i need to worry about regarding the timing of when we marry, when we apply for aos, ead, ap .... in conjuntion with keeping the ability to get her daughter over here on a k2? we want to be able to bring my fiance's daughter here on a k2 and not have to go down a different road.

thanks,

dvd

[pj1959us 0]

thanks for all of the responses.

this morning, while searching vj i ran across a few posts that seemed to indicate that you cannot start the process of bringing your fiance's children to the usa on a k2 once you've married, applied for aos, ead, and ap. etc. the posts were old and could be a little outdated. also, they not 100% clear in thier meaning. as you can tell by my questions. ;-) sorry.

is there anything i need to worry about regarding the timing of when we marry, when we apply for aos, ead, ap .... in conjuntion with keeping the ability to get her daughter over here on a k2? we want to be able to bring my fiance's daughter here on a k2 and not have to go down a different road.

thanks,

dvd

The ability to issue a visa to a K-2 within a year after the K-1 is issued has been around for at least the several years I've been a member here so not sure what posts you are referring to. The age of the K-2 needs to be kept in consideration if an older child, but you don't mention the child's age.

Since a K-1 has only 90 days to marry the petitioner once in the US, and the K-2 has up to a year to have the K-2 visa issued it wouldn't make much sense to not allow a K-2 simply because of the marriage. Your marriage and subsequent AOS has nothing to do with the K-2 (in the terms of restrictions on obtaining the K-2).

As has been said already, the K-2 must be issued within a year of the K-1 visa issuance; the K-2 must enter the US within 6 months after that.

[dvddvd 0]

thanks again for all of your help. i thought i had a handle on this (and now i know i do), but was thrown this curveball a couple of days ago and reallly needed the clarification before i moved forward.

best,

dvd