K2 or K4; follow to join

[david_dawei]

Who sponsored derivative status children who were "follow to join" ?

 

 

I'm interested to hear their:

1) Visa type

2) How long they waited to travel (how long can they wait)

3) Did the alien parent hold off on adjusting till the derivative child came

4) Any issues/advice/comments on doing it

5) If your SO adjusted status prior to the child coming, did they apply for EAD?

Edited July 15, 2006 by DavidZixuan (see edit history)

[Randy W]

1) We're K1, as was Lee

2) The K-2 visa must be awarded within 1 year of the K-1

3) No

4) Here's my limk collection (USCONGUZ makes it sound real easy)

 

Lee's response

 

USCONGUZ'z response

 

(I thought it was more than 2 )

 

We just started last week - I send everything on the P3 list to GUZ, except for the DS-230. We sent that to her son. He will sign, and mail to GUZ.

 

fixed link (I hope)

Edited July 15, 2006 by Randy W (see edit history)

[david_dawei]

you link for lee doesn't work.. but I found it.. maybe fix it for others..

 

---

 

ok.. I'm a little naive on this 'follow to join' that's why I ask... (not that I have anyone following)...

 

You stated NO about waiting for the adjustment...

 

I know that K2 (like K4) is derivative status.. but I thought that if the K1 adjusts status, there is no derivative status anymore ??

 

 

I should add a followup question:

5) Did you wife get EAD (or apply)?

[Randy W]

you link for lee doesn't work.. but I found it..  maybe fix it for others..

 

---

 

ok.. I'm a little naive on this 'follow to join' that's why I ask... (not that I have anyone following)...

 

You stated NO about waiting for the adjustment...

 

I know that K2 (like K4) is derivative status.. but I thought that if the K1 adjusts status, there is no derivative status anymore ??

 

 

I should add a followup question: 

5) Did you wife get EAD (or apply)?

231144[/snapback]

 

 

I'm not entirely sure about after the AOS, but she was asked at the interview if she wanted him to come, so I don't think there is a problem there.

 

Yes, she has her EAD and AP, but we are still waiting for the FBI background check.

[david_dawei]

Here is what is on my head.. this is in regards to K4s, but it's not clear to me why this does not apply to K2s (there must be something different at AOS, as we do know they are adjusting under different classifications, right?):

 

K3 Visa Implementation

http://travel.state.gov/visa/laws/telegram...grams_1431.html

However, as the BCIS rule explains, the K4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained LPR status, but the child would have to wait for an available visa number. Finally, according to the BCIS rule, as the immigrating parent, upon adjusting status, "would no longer be in K-3 status, the child would no longer be in lawful K-4 status, since this is merely a derivative classification", and that child would begin to accrue unlawful presence. As the K3/K4 may not change status in the United States to another NIV category (see below), the continued lack of an I-130 petition will eventually create adjustment of status problems for the K4. K4s who do not meet the definition of stepchild in INA 101( B )( 1 )( B ) because the stepchild relationship was not established before the stepchilds 18th birthday will face the same problem K2 derivative children of fiances have long encountered, i.e., the U.S. citizen spouse will be unable to file the I-130 petition on their behalf. In these cases, the K3 will have to file the petition when he/she obtains LPR status.

 

Interesting they make a parallel point to K2s on aging out, but the rest of this doesn't seem to have a parallel (?).

 

----

 

The reason I asked about the EAD was because as I was research the K1 & EAD issue recently, I ran across langauge where they were saying that having an EAD only means you have that card... OK... but using it for employment reasons puts you into "EAD status"... I doubt that this is some sort of alien classification (ie: replaces your visa status), but I had not heard it used like this before...

 

------------

 

I'll post to GUZSpeaks to get a source and clarification why K2s are not affected... something tells me I could get a big 'duh' out of this...

Edited July 16, 2006 by DavidZixuan (see edit history)

[Randy W]

Lee and jim_julian are both following this path - Jim since they have to wait until the daughter is over 18. There are K-1 vs K-3 differences here that come into play. I think it's been discussed before (at least the under/over 18 aspect). Maybe Frank can help out - my head's already swimming .

[jim_julian]

1) Visa type: K2

2) How long they waited to travel (how long can they wait): 11.5 months (must enter NLT 12 months after K1 visa granted)

3) Did the alien parent hold off on adjusting till the derivative child came: No, our package goes in next week

4) Any issues/advice/comments on doing it: Pronoun reference unclear

5) If your SO adjusted status prior to the child coming, did they apply for EAD?: Yes, we will next week

 

I had the opportunity to discuss the whole proceedure with the very guy who responds to the questions in the GZ Speaks subforum during a Friday American Citizen's Hour at the consulate.

 

As Randy mentions we have to wait until Er Mei is 18 as her birth father, who has technical custody, will not give his permission for her to emmigrate unless we pay him a large bribe. Another factor here is that the K-2 visa itself is only good for six months, so you need to be careful when you have it put in her passport.

 

The K-1 and K-2 interviewed at the same time. K-1 got red slip. K-2 got blue slip in order to open a case for her (no real problem). I believe that having a case open for the K-2 administratively gets around the fact that the K-1 from which the K-2 is derived will technically go away. All that is required is that we notify GZ when we want the K-2 put in her passport. (We are delaying until a little under six months before she completes high school) At that point we update any expired documents and present the passport at the consulate (the K2 or an agent can do this) and the visa will be delivered without any additional interview.

 

The VO who interviewed the girls also spent about 20 minutes explaining everything to them ... exactly the same story as I got from the GZ Speaks person.

 

We included a letter in our K3 response explaining what we wanted to do and Guangzhou responded exactly as we requested. We couldn't be more pleased with the courtesy shown and the support rendered.

 

Edit:

 

We also got married before Er Mei turned 18, which establishes the step parent/child relationship. Somehow I think this plays positively in the aging out area but I'm not sure of the details.

 

Also a side point about ages ... be careful. Chinese generally have a birthday according to the lunar Chinese calendar. They also sometimes consider themselves one year older when the new year starts, not when their precise birth date passes. Plenty of opportunity for miscommunication. For immigration purposes the birth date is the day they were born on the Gregorian calendar (or Julian calendar if you prefer ) Be sure to be consistent on birthdate and age throughout the immigration process.

Edited July 16, 2006 by jim_julian (see edit history)

[Randy W]

So we're in a couple of gray areas here - one is the AOS approval (pending FBI background check), the other is that he's 20 years old.

 

My impression is that neither will affect it. I think (if I remember correctly) the over 18 is an issue with K-3's, but not K-1's.

Edited July 16, 2006 by Randy W (see edit history)

[david_dawei]

So we're in a couple of gray areas here - one is the AOS approval (pending FBI background check), the other is that he's 20 years old.

 

My impression is that neither will affect it. I think (if I remember correctly) the over 18 is an issue with K-3's, but not K-1's.

231186[/snapback]

aging out. my head swam forever on this...

 

The aging out occurs at 21 years old.

 

Here's what I remember from frank's lessons on aging out !

For K3s, the stepchild relationship must occur prior to 18 years old; for K1, there is no marriage before the visa issuance, so this 18 year old rule is non-existent. K1 just follows the aging out of 21 years old...

 

[ maybe that is why the K2 does not lose his derivative status in 'follow to join' if the K1 adjusts... it's just an age out issue for K1/K2 ]

[david_dawei]

1) Visa type: K2

2) How long they waited to travel (how long can they wait): 11.5 months (must enter NLT 12 months after K1 visa granted)

3) Did the alien parent hold off on adjusting till the derivative child came: No, our package goes in next week

4) Any issues/advice/comments on doing it: Pronoun reference unclear

5) If your SO adjusted status prior to the child coming, did they apply for EAD?: Yes, we will next week

 

I had the opportunity to discuss the whole proceedure with the very guy who responds to the questions in the GZ Speaks subforum during a Friday American Citizen's Hour at the consulate.

 

As Randy mentions we have to wait until Er Mei is 18 as her birth father, who has technical custody, will not give his permission for her to emmigrate unless we pay him a large bribe.  Another factor here is that the K-2 visa itself is only good for six months, so you need to be careful when you have it put in her passport.

 

The K-1 and K-2 interviewed at the same time.  K-1 got red slip.  K-2 got blue slip in order to open a case for her (no real problem).  I believe that having a case open for the K-2 administratively gets around the fact that the K-1 from which the K-2 is derived will technically go away. All that is required is that we notify GZ when we want the K-2 put in her passport.  (We are delaying until a little under six months before she completes high school)  At that point we update any expired documents and present the passport at the consulate (the K2 or an agent can do this) and the visa will be delivered without any additional interview.

 

The VO who interviewed the girls also spent about 20 minutes explaining everything to them ... exactly the same story as I got from the GZ Speaks person.

 

We included a letter in our K3 response explaining what we wanted to do and Guangzhou responded exactly as we requested.  We couldn't be more pleased with the courtesy shown and the support rendered.

 

Edit:

 

We also got married before Er Mei turned 18, which establishes the step parent/child relationship.  Somehow I think this plays positively in the aging out area but I'm not sure of the details.

 

Also a side point about ages ... be careful.  Chinese generally have a birthday according to the lunar Chinese calendar. They also sometimes consider themselves one year older when the new year starts, not when their precise birth date passes.  Plenty of opportunity for miscommunication.  For immigration purposes the birth date is the day they were born on the Gregorian calendar (or Julian calendar if you prefer  )  Be sure to be consistent on birthdate and age throughout the immigration process.

231176[/snapback]

jim.. great info.. I'm getting back to a K2 FAQ started a year ago

 

I'll pick at two points, to make sure we have this correctly...

 

1) I thought the K2 follow to join visa had up to a year to be issued; you mention it as "must enter NLT 12 months after K1 visa granted" (to imply enter the US within 12 months)...

 

2) No need for K1 to marry prior to child turning 18 to establish step relationship; For K1, aging out is 21...

 

Anyone can verify this?

[Randy W]

Yes - Jiaying's son is 20, will be 21 in December (and hopefully here)

[jim_julian]

I'll pick at two points, to make sure we have this correctly...

 

1) I thought the K2 follow to join visa had up to a year to be issued; you mention it as "must enter NLT 12 months after K1 visa granted" (to imply enter the US within 12 months)...

 

2) No need for K1 to marry prior to child turning 18 to establish step relationship;  For K1, aging out is 21...     

 

Anyone can verify this?

233278[/snapback]

David:

 

1) Both conditions are true according to what we were told. The K-2 can be issued up until 1 year after the K-1 from which it derives AND the K-2 must enter the US within one year of issuance of the K-1.

 

2) I've read tons on this one ... I'm still not 100% clear. It could be an issue in our case if we have the misfortion of running into a 2+ year AOS for the K-2

[david_dawei]

I'll pick at two points, to make sure we have this correctly...

 

1) I thought the K2 follow to join visa had up to a year to be issued; you mention it as "must enter NLT 12 months after K1 visa granted" (to imply enter the US within 12 months)...

 

2) No need for K1 to marry prior to child turning 18 to establish step relationship;  For K1, aging out is 21...      

 

Anyone can verify this?

233278[/snapback]

David:

 

1) Both conditions are true according to what we were told. The K-2 can be issued up until 1 year after the K-1 from which it derives AND the K-2 must enter the US within one year of issuance of the K-1.

 

2) I've read tons on this one ... I'm still not 100% clear. It could be an issue in our case if we have the misfortion of running into a 2+ year AOS for the K-2

233280[/snapback]

#1: Ok... I had seen a thread comment by GUZ stating the 1 year issue.. but I NOW found another comment they made to you, stating must enter NLT 12 months...

 

If I (or anyone) goes simply by their first comment, it's misleading... thanks for pointing that out... it will save someones butt I'm sure...

Edited July 24, 2006 by DavidZixuan (see edit history)