Children at interview (K1)

[Shenzhen K-1]

 

 

If the K-2 goes to GZU and she gets pink, the K-2 gets it the same day right????????

If they both are awarded visas, they may pick them up the same day.

 

There is no guarantee the K-2 will get the visa - it's just unheard of that they wouldn't

Thank you very much RW, will not hold it against you being from Texas. Well maybe this week I will.........

[jim_julian]

I didn't take the time to read everything posted

 

Lee ... you should have.

 

GZ must physically see the child at an interview, whether it is the same interview as the K-1 or a second interview. They do not waive the interview for the child. This is their choice and I have never heard of GZ waiving this.

 

Actually their policy is unclear. They have the option of setting local policy to not interview children under 14. Had you read the thread you'd know this. We have posted a clarification question in GUZ Speaks.

 

While I understand the concern about the child coming at the same time, there will be a large expense to have a 10 year old follow later.

 

Absolutely not true. It is totally dependent on how it is set up. IF the child follows within 6 months and interviews with the mother then there is no additional cost. In any case the child does NOT have to return for a second interview if they interview with the mother. The worst case, given that they interview with the mother, is an administrative turn in of documents, most likely just the passport, which could be done by a G-28 authorized representative.

[LeeFisher3]

I didn't take the time to read everything posted

 

Lee ... you should have.

 

GZ must physically see the child at an interview, whether it is the same interview as the K-1 or a second interview. They do not waive the interview for the child. This is their choice and I have never heard of GZ waiving this.

 

Actually their policy is unclear. They have the option of setting local policy to not interview children under 14. Had you read the thread you'd know this. We have posted a clarification question in GUZ Speaks.

 

While I understand the concern about the child coming at the same time, there will be a large expense to have a 10 year old follow later.

 

Absolutely not true. It is totally dependent on how it is set up. IF the child follows within 6 months and interviews with the mother then there is no additional cost. In any case the child does NOT have to return for a second interview if they interview with the mother. The worst case, given that they interview with the mother, is an administrative turn in of documents, most likely just the passport, which could be done by a G-28 authorized representative.

Jim, I asked this question in GZ twice and was told the child MUST appear for an interview, I believe you will receive the same clarification from GZ. Sure they have the right to waive the interview, but this hasn't been in their play book.

 

GZ is real picky about allowing entry to someone who is not on the invitation letter, but has made arrangements for an attorney of record to attend. And according to your statements there are no inexpensive attorneys in GZ and obviously none you would trust.

 

The additional expense comment was based on a second interview where mom would be attending the interview with the child and buying a round trip ticket for that purpose. Interviews for young children where the parent has not attended have resulted in blue slips.

 

A few of us pushed hard on the minor child attending the interview before and discussed it in person with GZ more than once.

 

There is the way it can be done and the way GZ does things, in the case of a visa the GZ way wins every time.

[marks1957]

Jeff, we sympathize with you and Yan, there's not a lot of K-2 info around. I can tell you, in our case, and I believe in general, Guangzhou is very understanding and supportive when it comes to K-2s and K-4s. They see the benefit of keeping the child with the emigrating parent and the new spouse.

 

The usual problem areas are:

 

1. Establishing the legality of the child leaving China. This is done by proof that the emigrating parent has sole custody (normally in the Chinese divorce papers) of the child OR signed permission from the birth parent remaining in China that the proposed emigration is without their objection.

 

2. Establishing that the child is really the child of the emigrating parent. This is usually done with the notarial birth certificate or rarely by requiring a DNA test.

 

3. The child is near to the age of 21. This is not a problem in your case and is quite a complex matter with different "rules" for K-2 and K-4 and non-uniform application of these rules. Several CFL families are fighting the age issue.

 

Bottom line is if the ten year old meets the criteria of #1 and #2 and Yan gets her visa you can be virtually 100% certain that there will be no significant problem with the K-2.

 

We are happy to help you on this however we can ... good luck to all three of you!

 

Question? Does this apply to K3/4 too? My new daughter is 16 and in school. I would really like to not interrupt her classes. I plan to get my wife to the US first (K3) and hopefully since my first I-130's for her and her mother were approved, maybe my June when she is out of school and her mother and I go back to get her, maybe they can both interview for the CR1/2 visas rather than AOS as K3/4. What do you think?

[LeeFisher3]

Jeff, we sympathize with you and Yan, there's not a lot of K-2 info around. I can tell you, in our case, and I believe in general, Guangzhou is very understanding and supportive when it comes to K-2s and K-4s. They see the benefit of keeping the child with the emigrating parent and the new spouse.

 

The usual problem areas are:

 

1. Establishing the legality of the child leaving China. This is done by proof that the emigrating parent has sole custody (normally in the Chinese divorce papers) of the child OR signed permission from the birth parent remaining in China that the proposed emigration is without their objection.

 

2. Establishing that the child is really the child of the emigrating parent. This is usually done with the notarial birth certificate or rarely by requiring a DNA test.

 

3. The child is near to the age of 21. This is not a problem in your case and is quite a complex matter with different "rules" for K-2 and K-4 and non-uniform application of these rules. Several CFL families are fighting the age issue.

 

Bottom line is if the ten year old meets the criteria of #1 and #2 and Yan gets her visa you can be virtually 100% certain that there will be no significant problem with the K-2.

 

We are happy to help you on this however we can ... good luck to all three of you!

 

Question? Does this apply to K3/4 too? My new daughter is 16 and in school. I would really like to not interrupt her classes. I plan to get my wife to the US first (K3) and hopefully since my first I-130's for her and her mother were approved, maybe my June when she is out of school and her mother and I go back to get her, maybe they can both interview for the CR1/2 visas rather than AOS as K3/4. What do you think?

There is no downside to her getting the K4 visa in her passport now and the up side is that if there is a delay in the CR1/2 processing she would have a visa.

 

One thing to keep in mind, GZ has a tendency to expect more relationship evidence of a K3 returning to China for their CR1. Joint bank account and in one case they wanted to see the house was titled in both names, something normally expected at the removal of conditions. But then they have the visa printing machine.

[david_dawei]

Question? Does this apply to K3/4 too? My new daughter is 16 and in school. I would really like to not interrupt her classes. I plan to get my wife to the US first (K3) and hopefully since my first I-130's for her and her mother were approved, maybe my June when she is out of school and her mother and I go back to get her, maybe they can both interview for the CR1/2 visas rather than AOS as K3/4. What do you think?

Someone should correct me if my off here..

 

But if the mother comes to the US on the K3 and the daughter stays in china a while.. then the mother adjusts status to LPR prior to the daughters arrival in the US... then the K4 as a derivative classification is voided(?). So there may be some timing issues if the mother were to adjust in the US prior to the daughters entry; Once in the US, the daughter has to adjust status... but adjust from a defunct K4(?)...

 

If the K4 were actually issued already, I'm not sure if anyone would prevent her entry if the K3 no longer existed (ie: if the mother was already an LPR), but I wouldn't risk that scenario.

 

Hopefully others can clear this up.

[LeeFisher3]

Question? Does this apply to K3/4 too? My new daughter is 16 and in school. I would really like to not interrupt her classes. I plan to get my wife to the US first (K3) and hopefully since my first I-130's for her and her mother were approved, maybe my June when she is out of school and her mother and I go back to get her, maybe they can both interview for the CR1/2 visas rather than AOS as K3/4. What do you think?

Someone should correct me if my off here..

 

But if the mother comes to the US on the K3 and the daughter stays in china a while.. then the mother adjusts status to LPR prior to the daughters arrival in the US... then the K4 as a derivative classification is voided(?). So there may be some timing issues if the mother were to adjust in the US prior to the daughters entry; Once in the US, the daughter has to adjust status... but adjust from a defunct K4(?)...

 

If the K4 were actually issued already, I'm not sure if anyone would prevent her entry if the K3 no longer existed (ie: if the mother was already an LPR), but I wouldn't risk that scenario.

 

Hopefully others can clear this up.

The intention is for both mom and daughter to do their CR1/CR2 in GZ in the hopefully near future once GZ gets to the box with their paperwork.

[iyan46]

Ok ..after reading this post i'd like to clarify something.

On a K1/K2 visa's ... the K2 must enter within 6 months of the K1 entering, and no more than one year after issue

The K1 must enter within 6 months of issue. ???

[Randy W]

Ok ..after reading this post i'd like to clarify something.

On a K1/K2 visa's ... the K2 must enter within 6 months of the K1 entering, and no more than one year after issue

The K1 must enter within 6 months of issue. ???

 

 

Close - the K1 must enter within 6 months of the date of issue of the visa.

 

The K-2 visa may be issued up to 1 year after the K-1. It must also be used within 6 months of the date of issue of the K-2.

 

The K-2 visa must be used within 1 year of the K-1's date of entry.

[iyan46]

Ok ..after reading this post i'd like to clarify something.

On a K1/K2 visa's ... the K2 must enter within 6 months of the K1 entering, and no more than one year after issue

The K1 must enter within 6 months of issue. ???

 

 

Close - the K1 must enter within 6 months of the date of issue of the visa.

 

The K-2 visa may be issued up to 1 year after the K-1. It must also be used within 6 months of the date of issue of the K-2.

 

The K-2 visa must be used within 1 year of the K-1's date of entry.

They got them the same day

She has 6 mos and he has one year?

[Randy W]

Ok ..after reading this post i'd like to clarify something.

On a K1/K2 visa's ... the K2 must enter within 6 months of the K1 entering, and no more than one year after issue

The K1 must enter within 6 months of issue. ???

 

 

Close - the K1 must enter within 6 months of the date of issue of the visa.

 

The K-2 visa may be issued up to 1 year after the K-1. It must also be used within 6 months of the date of issue of the K-2.

 

The K-2 visa must be used within 1 year of the K-1's date of entry.

They got them the same day

She has 6 mos and he has one year?

No - they each have 6 months fron the date of issue, which is the same day here.

[iyan46]

Ok ..after reading this post i'd like to clarify something.

On a K1/K2 visa's ... the K2 must enter within 6 months of the K1 entering, and no more than one year after issue

The K1 must enter within 6 months of issue. ???

 

 

Close - the K1 must enter within 6 months of the date of issue of the visa.

 

The K-2 visa may be issued up to 1 year after the K-1. It must also be used within 6 months of the date of issue of the K-2.

 

wait .. i re read what you said ... i think i understand

 

The K-2 visa must be used within 1 year of the K-1's date of entry.

They got them the same day

She has 6 mos and he has one year?

No - they each have 6 months fron the date of issue, which is the same day here.

but you just said the k2 must be used with 1 year of k1's date of entry ... or is that if it's applied for seperatly?

 

 

Wait ... i just re-read what you said ... you mean his could be ISSUED up to 1 year after hers

Edited December 5, 2007 by iyan46 (see edit history)

[Shenzhen K-1]

Ok ..after reading this post i'd like to clarify something.

On a K1/K2 visa's ... the K2 must enter within 6 months of the K1 entering, and no more than one year after issue

The K1 must enter within 6 months of issue. ???

 

 

Close - the K1 must enter within 6 months of the date of issue of the visa.

 

The K-2 visa may be issued up to 1 year after the K-1. It must also be used within 6 months of the date of issue of the K-2.

 

wait .. i re read what you said ... i think i understand

 

The K-2 visa must be used within 1 year of the K-1's date of entry.

They got them the same day

She has 6 mos and he has one year?

No - they each have 6 months fron the date of issue, which is the same day here.

but you just said the k2 must be used with 1 year of k1's date of entry ... or is that if it's applied for seperatly?

 

 

Wait ... i just re-read what you said ... you mean his could be ISSUED up to 1 year after hers

 

K-1 has six months to come here, then 90 days to......

 

K-2 has a year to follow, and in rare cases extended for one more year.

[iyan46]

Ok ..after reading this post i'd like to clarify something.

On a K1/K2 visa's ... the K2 must enter within 6 months of the K1 entering, and no more than one year after issue

The K1 must enter within 6 months of issue. ???

 

 

Close - the K1 must enter within 6 months of the date of issue of the visa.

 

The K-2 visa may be issued up to 1 year after the K-1. It must also be used within 6 months of the date of issue of the K-2.

 

wait .. i re read what you said ... i think i understand

 

The K-2 visa must be used within 1 year of the K-1's date of entry.

They got them the same day

She has 6 mos and he has one year?

No - they each have 6 months fron the date of issue, which is the same day here.

but you just said the k2 must be used with 1 year of k1's date of entry ... or is that if it's applied for seperatly?

 

 

Wait ... i just re-read what you said ... you mean his could be ISSUED up to 1 year after hers

 

K-1 has six months to come here, then 90 days to......

 

K-2 has a year to follow, and in rare cases extended for one more year.

Yes ... i understand about the k-1 .. 6 mos to come here and 90 days to marry ... it's the k-2 i'm confused about.

Jing and her son both got their visas yesterday ... i just need to know how long his visa is good for before he has to follow.

She wants to come soon ... but he wants to wait until july or august

will his still be valid ?

[jim_julian]

No it is not ... his visa (K-2) since it has been issued (that is put in passport) is only good for six months.

 

IF he wanted to delay until month 7 or 8 he should have established a separate case (blue slip for admin) and been issued the K-2 in month 1 or 2.

 

Recap for K-2

 

- Visa only good for six months when issued

- Independent of when issued he must enter the US before one year has elapsed from the K-1 entry.