K-2 Expiration

[jim_julian]

In a meeting with my immigration lawyer today I found out something that I didn't know and perhaps others might not know ...

 

In the case of a K2 "Follow to Join" the K2 visa expires immediately upon marriage of the K1 visa holder from which the K2 was derived.

 

So that throws a kink in our plan to have lao po come here, we get married, buy house, etc and when we are a little settled our Chinese daughter joins us on a K2.

[Guest Gene]

In a meeting with my immigration lawyer today I found out something that I didn't know and perhaps others might not know ...

 

In the case of a K2 "Follow to Join" the K2 visa expires immediately upon marriage of the K1 visa holder from which the K2 was derived.

 

So that throws a kink in our plan to have lao po come here, we get married, buy house, etc and when we are a little settled our Chinese daughter joins us on a K2.

149954[/snapback]

Something is not right there?? Other people here have done the follow later scenario and I am sure it was more than 90 days?? I seem to recall having a year?? Since she is so close to 18 I understand there could be an age out issue though

Edited August 25, 2005 by Gene (see edit history)

[david_dawei]

In a meeting with my immigration lawyer today I found out something that I didn't know and perhaps others might not know ...

 

In the case of a K2 "Follow to Join" the K2 visa expires immediately upon marriage of the K1 visa holder from which the K2 was derived.

 

So that throws a kink in our plan to have lao po come here, we get married, buy house, etc and when we are a little settled our Chinese daughter joins us on a K2.

149954[/snapback]

Something is not right there?? Other people here have done the follow later scenario and I am sure it was more than 90 days?? I seem to recall having a year?? Since she is so close to 18 I understand there could be an age out issue though

149956[/snapback]

I agree.. sometime is fishy...

 

The K2 has up to one year to "follow to join", at the same time the K1 must marry within 90 days.. If the latter can cancel the former, then the one year issue is absurb to state in the first place.

 

I think that maybe what the lawyer said (or meant to say) was that if the K1 'adjusts to permanent residency', then the derivative status (K2) is not longer a derivative status... and thus no longer has a K2 to enter the US.. so that timing of the Adjustment of status is critical...

 

Hopefully Frank will go to the phone booth, put on his cape and help sort this out...

 

corrected time to marry is 90 days.

Edited August 26, 2005 by DavidZixuan (see edit history)

[frank1538]

In a meeting with my immigration lawyer today I found out something that I didn't know and perhaps others might not know ...

 

In the case of a K2 "Follow to Join" the K2 visa expires immediately upon marriage of the K1 visa holder from which the K2 was derived.

 

So that throws a kink in our plan to have lao po come here, we get married, buy house, etc and when we are a little settled our Chinese daughter joins us on a K2.

149954[/snapback]

Wrong-o: http://foia.state.gov/masterdocs/09fam/0941081N.pdf

 

9 FAM 41.81 N12 CHILD OF ALIEN K-1 FIANCÉ(E) (CT:VISA-756; 07-27-2005) Department of Homeland Security (DHS) and the Department have agreed that the child of a K-1 principal alien may be accorded K-2 status if following to join the principal alien in the United States even after the principal alien has married the U.S. citizen fiancé(e), and acquired lawful permanent resident (LPR) status. However, the cutoff date for issuance of a K-2 visa is one year from the date of the issuance of the K-1 visa to the principal alien. After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required.

 

Send the lawyer a bill for your pain, suffering, and emotional distress.

[tywy_99]

In a meeting with my immigration lawyer today I found out something that I didn't know and perhaps others might not know ...

 

In the case of a K2 "Follow to Join" the K2 visa expires immediately upon marriage of the K1 visa holder from which the K2 was derived.

 

So that throws a kink in our plan to have lao po come here, we get married, buy house, etc and when we are a little settled our Chinese daughter joins us on a K2.

149954[/snapback]

Wrong-o: http://foia.state.gov/masterdocs/09fam/0941081N.pdf

 

9 FAM 41.81 N12 CHILD OF ALIEN K-1 FIANCÉ(E) (CT:VISA-756; 07-27-2005) Department of Homeland Security (DHS) and the Department have agreed that the child of a K-1 principal alien may be accorded K-2 status if following to join the principal alien in the United States even after the principal alien has married the U.S. citizen fiancé(e), and acquired lawful permanent resident (LPR) status. However, the cutoff date for issuance of a K-2 visa is one year from the date of the issuance of the K-1 visa to the principal alien. After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required.

 

Send the lawyer a bill for your pain, suffering, and emotional distress.

149965[/snapback]

That's right Frank. Lay the LAW down on that LAW-yer!?

What's that misinformed lawyer's name and address so CFL can bill him (or her) for services rendered?.......

[Trigg]

The K2 has up to one year to "follow to join",  at the same time the K1 must marry within six months..  If the latter can cancel the former, then the one year issue is absurb to state in the first plac

149960[/snapback]

Are you 100% sure about having 6 months for a K1 to marry?? I think it is 90 days!! You need to check and be sure. if someone waited 6 months and it was really 90 days--FUBAR!!!

[LeeFisher3]

The K2 has up to one year to "follow to join",  at the same time the K1 must marry within six months..  If the latter can cancel the former, then the one year issue is absurb to state in the first plac

149960[/snapback]

Are you 100% sure about having 6 months for a K1 to marry?? I think it is 90 days!! You need to check and be sure. if someone waited 6 months and it was really 90 days--FUBAR!!!

150007[/snapback]

It should read the K1 visa is good for 6 months from issue and they must be married within 90 days of entry using that visa.

[david_dawei]

The K2 has up to one year to "follow to join",  at the same time the K1 must marry within six months..  If the latter can cancel the former, then the one year issue is absurb to state in the first plac

149960[/snapback]

Are you 100% sure about having 6 months for a K1 to marry?? I think it is 90 days!! You need to check and be sure. if someone waited 6 months and it was really 90 days--FUBAR!!!

150007[/snapback]

Thanks Trigg.. corrected my post...

[jim_julian]

Frank: Thank you very much.

 

I have sent an appropriate e-mail to Xiao Wang, Esq.

 

She did steer me right on the dating a letter of commitment prior to divorce. She does read and write Chinese and improved the translation of various addresses but then again I caught a wrong postal code on the 129 that she prepared.

 

As many of you might identify with, I am waaay hyper about this whole process and will continue to take my belt and suspenders approach drawing heavily on CFLrs as well as this lawyer.