K-1 Benificiary's child

[natrigon]

Hi there,

 

Just seeking some opinions on our situation.

 

Our original intent was the K-1 visa becuase we were told it was was the quicker method. As a side benifit we also have the 90 day time after her arrival in which time we must marry.

 

Previous (and obviously incorrect) information from the fine folks at the BCIS and several Atty's was that this complete process would take about 5-6 months. Now it has been 8+ months and our file is yet to leave the NVC.

 

Here is my main concern. Mei's daughter will turn 17 in early March, 04. I think I understand two immagration facts:

 

1) Because we included her daughter on the original petition she will be granted an automatic (K-2 ?) and be able to travel to the U.S. along with Mei on her K-1 visa. Or she can follow at a later time not to exceed one year.

 

2) When Mei eventually arrives in the U.S. she can not leave the the U.S. until she is granted "XYZ" (some further document).

 

So my question is:

 

If Mei's child can follow after Mei's arrival in the U.S. how would she manage entry under Mei's documents?

 

Of course the whole problem remains WHEN? If we know the date, we could prepare and all 3 of us leave together from China to the U.S. But by not knowing even what month it becomes entirely impossible for me to arrange.

 

Any information and/or suggestions would be appreciated.

 

Thanks :-)

 

Louis

[warpedbored]

you should have listed the daughter on the I-129 f but she can still come with the mother as long as the interview is before her 21st birthday. she will need to accompany her mother to the interview

[Dave G.]

My advice...don't wait to have the kid follow. Get here here ASAP and avoid extra paperwork and trips to consolates. Read all instructions carefully....the paperwork is a little different for kids over 16. We brought my fiancee's 10 year old over without a hitch. Easy as pie when instructions are followed correctly.

 

The XYZ form you talk about is called Advance Parole (always makes me think these folks are ex-convicts or something).

[natrigon]

Yes, we did list her on the 129f. Just wondering because it does mention she can follow for up to one year but does not mention how she can follow.

 

Louis

[piepie]

Yes, we did list her on the 129f.  Just wondering because it does mention she can follow for up to one year but does not mention how she can follow.

 

Louis

If the daughter included in your I-129, She should get all the package like what her mom got it, if Not, Phone to your service center where you sent the I-129

[frank1538]

Yes, we did list her on the 129f.  Just wondering because it does mention she can follow for up to one year but does not mention how she can follow.

 

Louis

This is an except from the Inspector's Field Manual:

 

In the case of a following-to-join K-2 child, lift the sealed envelope furnished the child by the American consul, affix the medical report contained therein with the admission stamp showing the K-2 classification and the date until admitted. Ascertain the name and address of the K-1 alien parent to whom the child is destined, and the date on which such K-1 parent was admitted to the U.S. to the best of the child's knowledge. Prepare a memorandum which includes this information and forward it, together with the lifted report of the K-2 child's medical examination (and any other papers contained in the sealed envelope) to the files control office having jurisdiction over the child's destination.

 

Delayed arrivals. With the concurrence of the Service, the Department of State has authorized consular officers to issue K-2 visas to the following-to-join children of a K-1 alien up to 1 year after the issuance of the K-1 visa to the principal alien. Issuance of the K-2 visa within that period (and admission as a K-2 nonimmigrant during the validity of that visa, if otherwise admissible) is authorized, even though the K-1 principal may have already married the U.S. citizen petitioner and acquired lawful permanent residence under section 214(d) of the Act.

 

 

All this suggests to me that the child will also receive a "mysterious brown envelope" that will be given to the BCIS agent at the POE. Presumably, the procedures for entry for a following-to-join child would be about the same as for a child accompanying the parent. But, I'm with the majority on this one. Have the child accompany the parent and give BCIS only one chance to screw things up.

[newman]

Louis,

 

You're getting good advice about bringing the child at the same time as her mother. We are now going through the process of a K-2 follower and it's the same nightmare as the K-1 process. visa issue date is Dec 10, 2002. That means her daughter needs the K-2 visa issued by Dec 9, 2003. After many emails to Guangzhou and my Senator's office, on Nov 13 we finally got word that an interview has been scheduled for Nov 26. We've been scrambling trying to figure out what paper work is needed for the daughter to take to Guangzhou. We put together a package and sent it to the daughter Nov 17 DHL, 4 day delivery (ya, right). Today I've got to start the check on where the package is. Last resort, I'll fax the info to Guangzhou hoping it will suffice for the interview. Hindsight says bring the child at the same time if at all possible.

[natrigon]

Thanks to all for the info.

 

newman: Did your wife/fiance come to the U.S. on the I129f? Was your child originaly listed on your I129f, or did you file later on her behalf?

 

If your child was originaly listed on the I129f did the child receive a packet or did you need to start some sort of action at a later date?

 

Either way I understand the concept, bring the child at the same time. If only I knew what the darn date was the entire process would be bearable. I think the main problem is not the time it takes but rather the inability for our esteemed government to produce a firm date. I think they should consider assigning an interview date, let's say one year after initial petition is received. Then they must simply focus and accomplish the task. You know like the rest of the working world must do for our jobs. Get the task and finish it correctly within a certain time frame... or lose your job.

 

Louis

[Dave G.]

Thanks to all for the info.

 

newman:  Did your wife/fiance come to the U.S. on the I129f?  Was your child originaly listed on your I129f, or did you file later on her behalf?

 

If your child was originaly listed on the I129f did the child receive a packet or did you need to start some sort of action at a later date?

 

Either way I understand the concept, bring the child at the same time.  If only I knew what the darn date was the entire process would be bearable.  I think the main problem is not the time it takes but rather the inability for our esteemed government to produce a firm date.  I think they should consider assigning an interview date, let's say one year after initial petition is received.  Then they must simply focus and accomplish the task.  You know like the rest of the working world must do for our jobs.  Get the task and finish it correctly within a certain time frame... or lose your job.

 

Louis

Louis,

 

I hope this sounds right....you're timeline is fine in getting the daughter here. Plan on the visa in a year from NOA#1 +/- two months. She'll be 18 by then....still no problems. Just don't try and bring her later. Strike while the iron is hot, as they say.

[newman]

Louis,

 

This recap of our story should probably discussed in a private way but, for the possibility of helping others that wish to use the K-2 follower process.

 

My wife come to the USA on a K-1 visa (I-129F) petition. Her daughter was named on the petition but did not come because she was under the jurisdiction of her father. My wife's visa issue date was Dec 10, 2002. I escorted her to the USA on Feb 15, 2003. We were married in April. In May I sent a fax to Guangzhou letting them know that the daughter was ready to follow and would they send her the processing papers. These papers, a K-2 Packet 3 was sent less than a week later. It wasn't until August that I learned, by email from Guangzhou, that the DS 230 form from P-3 had not been sent back to Guangzhou ( that's another story about the nephew in China not returning the form, in which case the process WILL NOT BEGIN). Guangzhou requested that we fax the DS 230 to them which we did to start the process. Over the next 2 1/2 months my email inquiries brought nothing but canned replies. I finally sent a fax to Linda Donahue, Chief of Consular Affairs and my Senator who was at this point ready to call the Consulate if necessary. It was about three days later that my last inquiry email to Guangzhou was answered giving the interview date.

 

I do not believe there are many couples that use the K-2 "follower" process so past experiences are scarce. I'd urge anyone thinking about it only do it as a last resort knowing that you are going to have more headaches. One other note, my wife's daughter could not get her passport until her father signed off on her coming to the USA.

 

We're not out of the woods yet as we sweat everyday not only with the daughter getting the visa but also for my wife's AP so we can go get her daughter. ??I'm already hearing too many stories about someone returning to the USA with AP when their AOS is still in limbo.

 

I hope this info helps!!

[natrigon]

newman: Ahh, now I understand, thanks. We are also in a situation with the father having "paper" control. Funny the father does not see the daughter or pay any type of support but yet he has control. But you gave us great information that the father needs to sign off. Maybe I will ask her brother to make the father an offer he can't refuse, lol.

 

dave: Wow, I still can't believe how wrong I was steered with the time frame. I really thought she would be here about now. At worst by the end of 2003. Aargh.

 

Well again thanks for the info.

 

Louis