yanjeff Posted November 26, 2007 Author Report Share Posted November 26, 2007 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! Thanks! #1 and #2 are covered! And he is only 10. I do not think there will be a problem. We just want to know if he can attend the interview with her. And receive his K-2 at the same time. I am sure someone will have the answer. This forum is great! Link to comment
Don Posted November 26, 2007 Report Share Posted November 26, 2007 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! Thanks! #1 and #2 are covered! And he is only 10. I do not think there will be a problem. We just want to know if he can attend the interview with her. And receive his K-2 at the same time.I am sure someone will have the answer. This forum is great! Normally, Your P4 will contain two sets of forms and the child does go to the interview. Link to comment
jim_julian Posted November 26, 2007 Report Share Posted November 26, 2007 We just want to know if he can attend the interview with her. And receive his K-2 at the same time. Yes, I am absolutely sure he can attend the interview with her. Getting his K-2 at the same time is optional, depending on timing. Once it's in his passport it expires after 6 months. You already know about the one year rule. So if he's going to leave China within 6 months he should get it in his passport at the same time Yan does. BTW, they did ask my daughter a couple of questions. They asked her if she knew me and if she wanted to go to America. They also spent a lot of time explaining the K-2 to our daughter and her mom so they understood what must be done. Our daughter didn't follow for 11 months (finished high school) so she had to go back to GZ later to get the K-2, etc etc. Sounds like this is not an issue for you. Link to comment
yanjeff Posted November 26, 2007 Author Report Share Posted November 26, 2007 Thanks Jim. We are ready for the questions. Timing will be the issue. Link to comment
Randy W Posted November 26, 2007 Report Share Posted November 26, 2007 Thanks Jim. We are ready for the questions. Timing will be the issue.Remember that if he needs more than 6 months after the mother gets her visa, that he will need to wait - and interview separately when he is ready to use the visa. The mother will be allowed to attend his interview. The visa is good only for 6 months from the date of issuance. Link to comment
yanjeff Posted November 26, 2007 Author Report Share Posted November 26, 2007 Thanks Jim. We are ready for the questions. Timing will be the issue.Remember that if he needs more than 6 months after the mother gets her visa, that he will need to wait - and interview separately when he is ready to use the visa. The mother will be allowed to attend his interview. The visa is good only for 6 months from the date of issuance. I guess I misunderstood at the beginning.Thinking the k-2 was good for 1 year. Link to comment
jim_julian Posted November 27, 2007 Report Share Posted November 27, 2007 Thanks Jim. We are ready for the questions. Timing will be the issue.Remember that if he needs more than 6 months after the mother gets her visa, that he will need to wait - and interview separately when he is ready to use the visa. The mother will be allowed to attend his interview. The visa is good only for 6 months from the date of issuance. Randy, minor correction ... he will not need to interview separately, he can interview with his mother. Based on our K-2 experience, here's what happens if there is more than six months between the expect K-2 FTJ departure date and the interview: - They interview together. - Yan gets a pink, her son gets an administrative blue (g-221). This is necessary to set up a separate case for him. - The blue has the "come back any (they give you 4 days, I think it's M,T,W,Th) between 1 and 3 PM to continue processing" (Note that no appointment or additional letter is necessary) - He returns on a day of his choosing within the six month departure window, hands in updates of any documents that might have expired along with his passport, gets the visa package at the post office a couple days later Once he interviews with Yan there is no other interview required. It's strictly an admin process. Link to comment
jim_julian Posted November 27, 2007 Report Share Posted November 27, 2007 Oh ... and to repeat one more point on validity ... A. Once in the passport the K-2 visa is good for 6 months B. The K-2 must enter the US less than one year after the K-1, from which the K-2 was derived, enters the US Both conditions A and B must be satisfied. Link to comment
yanjeff Posted November 27, 2007 Author Report Share Posted November 27, 2007 Oh ... and to repeat one more point on validity ... A. Once in the passport the K-2 visa is good for 6 months B. The K-2 must enter the US less than one year after the K-1, from which the K-2 was derived, enters the US Both conditions A and B must be satisfied.Ah! I see. What is FTJ ??? Thanks again!This has been a day of learning. Link to comment
Randy W Posted November 27, 2007 Report Share Posted November 27, 2007 Oh ... and to repeat one more point on validity ... A. Once in the passport the K-2 visa is good for 6 months B. The K-2 must enter the US less than one year after the K-1, from which the K-2 was derived, enters the US Both conditions A and B must be satisfied.Ah! I see. What is FTJ ??? Thanks again!This has been a day of learning.Follow-To-Join is a commonly used term to describe a K-2 who is issued the visa at a later time than the parent. Link to comment
LeeFisher3 Posted November 27, 2007 Report Share Posted November 27, 2007 I didn't take the time to read everything posted, but 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. With that being said you need to remember that the ONLY person who can attend the interview with a 10 year old is his K-1 parent, not the petitioner. Possibly an attorney of record. So this requires that your wife either would have her green card or AP to be able to return to China for the interview for the K-2. This is exactly what we did and my wife attended the interview which lasted all of 5 minutes and the toughest question our son was ask was where I was to which he answered "on the 4th floor drinking coffee." 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. You and your fianc¨¦e should discuss this and decide how you will make this work out. I believe when she discovers the expense for the extra trip will probably be $1200 - $1500 for her to attend the child's interview there may be a change of heart. Link to comment
yanjeff Posted November 27, 2007 Author Report Share Posted November 27, 2007 I am sure we will decide to have him attend the interview with her.And I will be on the 4th floor drinking coffee or tea.Thanks everyone.Like I said before.this website is great! Link to comment
LeeFisher3 Posted November 27, 2007 Report Share Posted November 27, 2007 I am sure we will decide to have him attend the interview with her.And I will be on the 4th floor drinking coffee or tea.Thanks everyone.Like I said before.this website is great!The mocha ain't bad. Link to comment
Shenzhen K-1 Posted November 27, 2007 Report Share Posted November 27, 2007 Thanks Jim. We are ready for the questions. Timing will be the issue.Remember that if he needs more than 6 months after the mother gets her visa, that he will need to wait - and interview separately when he is ready to use the visa. The mother will be allowed to attend his interview. The visa is good only for 6 months from the date of issuance. Randy, minor correction ... he will not need to interview separately, he can interview with his mother. Based on our K-2 experience, here's what happens if there is more than six months between the expect K-2 FTJ departure date and the interview: - They interview together. - Yan gets a pink, her son gets an administrative blue (g-221). This is necessary to set up a separate case for him. - The blue has the "come back any (they give you 4 days, I think it's M,T,W,Th) between 1 and 3 PM to continue processing" (Note that no appointment or additional letter is necessary) - He returns on a day of his choosing within the six month departure window, hands in updates of any documents that might have expired along with his passport, gets the visa package at the post office a couple days later Once he interviews with Yan there is no other interview required. It's strictly an admin process. If the K-2 goes to GZU and she gets pink, the K-2 gets it the same day right???????? Link to comment
Randy W Posted November 27, 2007 Report Share Posted November 27, 2007 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 Link to comment
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