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I filed K-1 for my Ying and her daughter. We just sent P-3 back today. Our daughter (18yo) no longer wants to come because she has been accepted to Shanghai music college although she might want to come at a later date. Because she does not speak English well she thinks her best option is to stay in China for now and attend this college.

 

Is this going to upset our K-1 visa at interview time?

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I filed K-1 for my Ying and her daughter. We just sent P-3 back today. Our daughter (18yo) no longer wants to come because she has been accepted to Shanghai music college although she might want to come at a later date. Because she does not speak English well she thinks her best option is to stay in China for now and attend this college.

 

Is this going to upset our K-1 visa at interview time?

 

Nope. Just let the paperwork continue as is and the daughter just doesn't need to come to the interview.

 

This is what we did last winter. Because our daughter's name was on the paperwork all the way through, this summer when we were ready for her daughter to follow, we just emailed GZ and asked for a new interview date for her. Yesterday she received her interview appt letter.

 

This way, for up to one year after your fiancee's interview, her daughter can still change her mind and reactivate the K2.

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if it was me.... I would ask the daughter to go ahead to the interview, and get the visa if granted in the passport, then, IF she changes her mind within the time before it expires, she has a free pass to the USA.

 

If it expires, I would not think it difficult to update that vs getting an appointment for the visa itself.

 

>L

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I filed K-1 for my Ying and her daughter. We just sent P-3 back today. Our daughter (18yo) no longer wants to come because she has been accepted to Shanghai music college although she might want to come at a later date. Because she does not speak English well she thinks her best option is to stay in China for now and attend this college.

 

Is this going to upset our K-1 visa at interview time?

 

Nope. Just let the paperwork continue as is and the daughter just doesn't need to come to the interview.

 

This is what we did last winter. Because our daughter's name was on the paperwork all the way through, this summer when we were ready for her daughter to follow, we just emailed GZ and asked for a new interview date for her. Yesterday she received her interview appt letter.

 

This way, for up to one year after your fiancee's interview, her daughter can still change her mind and reactivate the K2.

So at the interview do you tell them she is not coming at this time but at a later unknown date?

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No - as both Curt and I found out, it is very easy to get an appointment for the K-2 interview. But it must be used within 1 year of the K-1

Thanks Curt and Randy! Excuse me for being a little slow on the take, but what exactly do you tell them at the interview to explain the daughters absence?

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One thing to consider, at 18 she has a limited time to be able to follow. Only one year from the date of mom's visa, and if she delays past that time she will have to wait a minimum of 3 years after your wife receives her green card so that mom can become a USC and petition for a family member with an I-130, which is the fastest method after the K-2 expires.

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One thing to consider, at 18 she has a limited time to be able to follow. Only one year from the date of mom's visa, and if she delays past that time she will have to wait a minimum of 3 years after your wife receives her green card so that mom can become a USC and petition for a family member with an I-130, which is the fastest method after the K-2 expires.

 

 

The mother can file an I-130 as an LPR - it will be upgraded when and if she becomes a citizen.

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