ap?

[coconme]

Im sorry if im asking somehting in dito again but i tried to search the other threads only to get more confused .

So after a headache i decided to ask fo help .

Here is our problem.

My fiance got her interveiw for k1 visa on nov 18

obviously were very happy about that but our problem is

her parents request that she come alone and leave her 3 year

old daughter with them ( baby will also receive visa same day )

for a short time to make sure that we will be happy and then

return to get the baby. The problem is the visa good for 6 months

and our current plans were for my fiance to come in feb and we get married end of feb. I am afraid that if we do this then by the time we get her ap to return the babys visa will expire.

Is there any other suggestions besides her coming before february.

she wants us to marry during this time due to it being a very good '

time for marriage.

we have heard of the emergency ap request but one , im not sure they would consider a self caused problem an emergency and two, i have heard you have to mail it in and it will take long time and i also heard that you can request the emergency ap at a local office.

any help would be appreciated , between my job and building us a new home i am wore down .

Hey David if ur out there i know your busy since i seen u in baoding but if u have a minute help!!!

thanks to everyone that has helped us

coco & john

[frank1538]

A couple of thoughts. First, you are correct that a K-1/K-2 visa is good for 6 months. It must be used within 6 months of issuance. Your timing seems to suggest that if the baby stays back, your future wife won't be able to get back to China to escort the baby back to the US within the 6 months. As you correctly state, she will need advance parole which she can apply for as part of her adjustment of status, but I am doubtful that her needing to go back to get her daughter would constitute a basis for expedited AP. If I recall, Jingwen's AP, which she requested when her dad was dying, was not expedited and took about 2-3 months to get.

 

The one alternative that I see is to not have GZ issue the K-2 visa on November 18th. K-2 children have up to one year after the K-1 is issued to get the K-2. Consider this. Maybe, your wife should go ahead and get the K-1, come to America, get married, file for AOS and AP and then return to China for the daughter. When the timing looks right, you can contact GZ and set up the process for the daughter's K-2. As long as GZ issues the K-2 within a year of the K-1, you should be okay. The consulate has provided CFL with some guidance on how to do this: http://candleforlove.com/forums/index.php?...ndpost&p=161648

 

Good luck.

[tonado]

You should tell your SO that it is good idea to bring the child to USA. You need to make sure the child is happy with you as well as your SO. The child will be part of your family.

[skibum]

I am with you Tony - take the kid along. I don't know this family but if I was in this deal and did not know the Mom very well, I would worry about a black mail situation.

 

But everyone knows I am always negative.

[LeeFisher3]

I believe this is a cultural issue. My SO and her parents decided her son would stay in China with them because they were concerned for the child's welfare. Step-children are not always treated the same as natural born children. Her parents are being protective of their grandchild and realize that if the worst happens the child could remain with family, you are an unknown.

 

I have been working on this same thing for a number of months and today was given the OK to get the K-2 process moving forward. It was nothing I could do completely on my own, but required the assurances of the Chinese friend who has been helping us plan our wedding, I expressed

my desire and allowed them to talk Chinese woman to Chinese woman. This is one time I was able to richly benefit from the Chinese expert that did not cause me grief.

 

You might bring up in your conversation, Americans travel every day to adopt Chinese babies and bring them into their homes to be loved and cherished as their own child.

 

You need to convince her and the family that you only desire to raise and love the child as your own, this is not a burden for you but your duty as her husband. This can be difficult to explain to their satisfaction, you will initially receive a defered answer, but be persistent and not demanding.

 

Good Luck

[coconme]

thanks everyone for your help

[Trigg]

Alternative option may be for you to go ahead as planned and should you not get AP in time---stepdaddy go to china and escort his new bouncing baby girl back to the USA!--No AP needed!!!!

[david_dawei]

Coco (and John),

 

Very glad to hear of your visa approval and both Zixuan and I understand your parents request and dilemma to figure out a solution... I think that most here have covered the options and Triggs was a sleeper of an idea, in case all else fails in terms of time running out.

 

As Lee points out, this is more a cultural issue, particularly since the grandparents normally take care of the child anyway... So their request is not unexpected nor should there be concern as to the care they can provide.. you already know this.

 

I did ask Zixuan her opinion.. she said that she saw nothing wrong with your leaving the child and maybe using the "follow to join" method where you have up to a year to get the visa issued to the child.. and then John go alone to get her if time is running out and you cannot return.

 

My only fear of changing to "follow to join" is if some oversight or problem occurs in making this switch properly... so more care is maybe needed to ensure this as a successful outcome.

 

I think this is difficult and personal decision that probably does not have a wrong way... I think you'll make any decision work to the best possible outcome, whether she comes with you or later.

 

Was great to see you and daughter in baoding and you and John in Guangzhou !!