K2 visa questions

[BillT]

Greetings all -

 

Just received the P3 yesterday. Can't believe we finally got to this huge milestone.

 

We don't really have any questions about filing the forms for the K1 visa for my fiancee, thanks to all the good advice and experience related on this site.

 

But her daughter (12 years old) will come to the states less than a year later. We have a few questions for anyone with experience or knowledge in this area...

 

1) Can her daughter (Mengdi) have her interview at the same time as her mother?

 

2) I believe we need all the same documents for Mengdi that we need for her mother. Is this correct? Treat it basically as another separate application?

 

3) Can Mengdi get her medical examination at the same time as her mother, since the medical report is valid for 1 year?

 

4) Do we need any documentation from Mengdi's father stating that he releases her to go to the US to be with her mother?

 

If anyone can help with these or any other questions I may have forgotten to ask, I'd be in your debt.

 

Thanks!

 

Bill and Fengjuan

[carhil24]

Hello Bill,

Since we also brought a 12 year old daughter with us via the K-2, I think I can answer two of your questions, but because she made the journey the same time as her mother, I am not sure about the other two.

 

1. Although her daughter accompanied my fiancee into the interview, they did not interview her daughter whatsoever. I believe that they do not interview them under the age of 15, and it might even be under the age of 18. However, since the visa normally is issued at that time, and I believe it is only good for 6 months (please disregard this if I am wrong about the time frame) then I think that either she would have to come over before the 6 months are up, or you will have to start the process for the daughter all over again. I am not certain of this since my wife's daughter came with her, and maybe someone else will have additional information. But if I am correct about the time frame, you might want to ensure that she is able to come within those 6 months. I am also thinking that if it was necessary to repetition for the daughter, that it also might necessitate the return of her mother for the interview process, since the daughter is definitely a minor.

 

2. Yes, basically the documents are the same, with some exceptions. But in order for the daughter to come over on a K-2 without having to repetition, you would have had to included her in the original petition. Since you did not state whether you had done that or not, I will assume that you did. If so, I don't believe that there is any additional paperwork in P3 that needs to be done, and they will not do a security/name check on the daughter. When you receive P4, there will be some forms that will need to be filled out for the daughter as well (DS-256 comes to mind), but not all of the forms are necessary for her because she is a minor. However, keep in mind that you will definitely need her Birth Certificate and a document that states that the mother has legal custody. A passport is not necessary, but it is a good idea, especially for ID purposes. When we received the visa, they actually put a visa in her daughter's passport as well.

 

3. I didn't realize the medical report was valid for a year, but if so, then I don't see why that would be a problem. Again, the medical examination is a little bit different for minors, for certain she does not need a chest examination, and less vaccinations, if I remember correctly.

 

4. You do not need any specific document stating that her father releases her to go to America, but without a doubt you will need the above-mentioned document stating that the mother has full legal custody of the daugher. We ran into that problem early on in our quest, and it was only solved by paying her father approximately $2400.00 "to reimburse him for her insurance." If she does not have legal custody of the daughter, she will not be able to get a passport for her, and definitely will not be able to acquire a K-2 visa.

 

I hope that some of this helps, and I apologize for not remembering everything, but it has been almost 8 months now, and I can't recall all of the fine details anymore. Feel free to PM me with any other questions you might have regarding the process, also any questions you might have concerning the daughter and the adjustment to America. Let me know where you are, we live in Redding, CA.

[frank1538]

However, since the visa normally is issued at that time, and I believe it is only good for 6 months (please disregard this if I am wrong about the time frame) then I think that either she would have to come over before the 6 months are up, or you will have to start the process for the daughter all over again.  I am not certain of this since my wife's daughter came with her, and maybe someone else will have additional information.  

I am seeking two K-2's for Jingwen's children. I could be mistaken, but I think that the K-2 if valid for one year or until the child turns 21. So, it is my belief that a K-2 issued at the same time as the K-1 will still allow the child to come to the US within a year after it is issued.

 

Congratulations on receiving your P3.

[Patrick & Li]

I may be mistaken, But children under 16 arent required to have a passport! They ride in on the mothers passport.

 

Patrick

[carhil24]

I am seeking two K-2's for Jingwen's children.  I could be mistaken, but I think that the K-2 if valid for one year or until the child turns 21.  So, it is my belief that a K-2 issued at the same time as the K-1 will still allow the child to come to the US within a year after it is issued.

I dug up my step-daughter's passport, and it clearly states that the visa expired on Oct 2, 2003, exactly 6 months from date of issue, the same as my wife's. So, I do not believe that you have up to a year.

[carhil24]

I may be mistaken, But children under 16 arent required to have a passport! They ride in on the mothers passport.

Yes, it's either 15 or 16, I had that information at one time. However, if you wish to have a very legitimate piece of ID for her when she arrives in America, this works very well. Especially for school registration, vaccination requirements, etc. All of them looked at her passport (with visa inside) and most made photo copies as well. And when leaving it seemed to expedite everything as if you are divorced with children involved, you cannot get a passport for your child unless you have full legal custody (they don't want one parent taking the child out of the country without the other parent's permission if he or she has legal custody. By the way, the information I got regarding this came directly from a judge in China, as we had some difficulties at the beginning of the process with this, and we actually had to go through the Chinese court system to get it resolved!

[frank1538]

I am seeking two K-2's for Jingwen's children.  I could be mistaken, but I think that the K-2 if valid for one year or until the child turns 21.  So, it is my belief that a K-2 issued at the same time as the K-1 will still allow the child to come to the US within a year after it is issued.

I dug up my step-daughter's passport, and it clearly states that the visa expired on Oct 2, 2003, exactly 6 months from date of issue, the same as my wife's. So, I do not believe that you have up to a year.

Maybe, I'd better go back to the books.

[newman]

My fiance received her visa on Dec 21, 2002. The issue date was Dec 10th. She entered the US on Feb 15, 2003 and we were married on April 12th. By the time we were married my wife's ex-husband who had custody of their 15 year-old daughter, agreed to let her come to the US. He signed the release papers so the daughter could get her passport.

 

We knew nothing about the K-2 "follower" visa until I found a case on the net where they simply notified the Consulate that the child was ready to follow and would the Consulate start the process. We notified the Consulate by fax in May 2003. Within a week the daughter received a similar P-3. We did not know until August that the DS 230 was not sent back to the Consulate. THE PROCESS WILL NOT START UNTIL THAT FORM IS RECEIVED BY THE CONSULATE!!! We filled one out Stateside and faxed it to Guangzhou. We were receiving no answers to our inquiry emails. In desperation I wrote and faxed a letter to Ms Donahue on Nov 3. On Nov 6 we were notified that an interview was scheduled for Nov 26.

 

Now, what papers did the daughter need for the interview???

 

On Nov 10th I sent by DHL a new affidavit of support, copies of my wife's visa and entry stamp, and pictures of our wedding in Vegas. Good ole DHL finally came through on the 20th, the day before the daughter left for Guangzhou from Fushun, Liaoning. She completed her medical, paid the fees, and attended the interview on the 26th. She was refused the visa because she did not have a copy of her mother/father divorce, nor did she have the release paper from her father. The daughter was told she could bring the papers to the Consulate any day M-Th after 9 AM. My wife's nephew who accompanied the daughter to Guangzhou, made a return trip back to Fushun to get the needed papers.

 

The daughter returned to the Consulate and presented the papers on Dec 3rd (yes, yesterday China time). She also left her passport and was told to return today, Dec 4th China time at 2 PM. Because of our continued language gap, I do not know if she will get the visa or if it is another interview. If you think my wife and I are nervous wrecks, you all are right. The only ace we have left is my Senator's office is on hold for making an emergency call to Guangzhou as the drop dead date is Dec 9th, one year from my wife's visa issue of Dec 10, 2002. I hope this helps. Please say a little prayer for us.

[frank1538]

The daughter returned to the Consulate and presented the papers on Dec 3rd (yes, yesterday China time).  She also left her passport and was told to return today, Dec 4th China time at 2 PM.  Because of our continued language gap, I do not know if she will get the visa or if it is another interview.  If you think my wife and I are nervous wrecks, you all are right.  The only ace we have left is my Senator's office is on hold for making an emergency call to Guangzhou as the drop dead date is Dec 9th, one year from my wife's visa issue of Dec 10, 2002.  I hope this helps.  Please say a little prayer for us.

Hopefully, having her leave her passport and returning the next day means that your daughter will get/has gotten her visa on Dec. 4th.

 

I will keep you guys in my prayers.

[keelec]

I may be mistaken, But children under 16 arent required to have a passport! They ride in on the mothers passport.

Yes, it's either 15 or 16, I had that information at one time. However, if you wish to have a very legitimate piece of ID for her when she arrives in America, this works very well. Especially for school registration, vaccination requirements, etc. All of them looked at her passport (with visa inside) and most made photo copies as well. And when leaving it seemed to expedite everything as if you are divorced with children involved, you cannot get a passport for your child unless you have full legal custody (they don't want one parent taking the child out of the country without the other parent's permission if he or she has legal custody. By the way, the information I got regarding this came directly from a judge in China, as we had some difficulties at the beginning of the process with this, and we actually had to go through the Chinese court system to get it resolved!

Doesn't this apply to those infant children of American Fathers too? For example Robhon's child? I think there was another child mentioned on the Candle that had a US Passport because of an American Father, but had been in China longer than the visa would technically allow.

Couldn't they just enter the USA with the mother (or mother and father), and the birth certificate without ever showing the US Passport (or even letting anybody know that it exists), then get everything else straightened out over the next 10 years in the USA.

----- Clifford -----

[BillT]

Thank you all for your help. It's becoming clearer what we need to do.

 

Newman, please keep us posted on your daughter's progress!

 

Thanks all,

Bill and Fengjuan

[Cat&Rat]

I may be mistaken, But children under 16 arent required to have a passport! They ride in on the mothers passport.

 

Patrick

Patrick,

you are mistaken, my son has his passport which is valid for 5 yrs...he has used the passport to travel abroad with me twice already, and he was only 4 yrs old when he got the passport.

Cat

[newman]

UPDATE!

 

Our daughter as scheduled, returned to the Consulate at 2 PM Dec 4 China time (9 PM Dec 3 Alaska time). We called at 10 PM our time. Two minutes later the tears of joy were flowing. We were informed that our daughter was to return to the Consulate at 4 PM Dec 5 to pickup her passport and visa. Our next trip to China for Chinese New Year will be extra special as we will be bringing our daughter home with us when we return. Our thanks to all of you for your support!!

 

One personal note. I don't know what could possibly top the best two year eight month adventure of my life. I guess I'll just continue to feel and give the love I haven't experienced in over thirty years. Good luck to all of you on your adventure.

[newman]

I'd like to share another delightful surprise that occurred this past Monday in Juneau, Alaska population 30,000 max. I picked my up wife at noon from her English class. I don't know what promted me to go inside this time. When I walked through the door I was introduced to the newest student (arrived in the US a week ago) and her American fiancee. Not only was she Chinese but also from my wife's hometown of Fushun, Liaoning. I couldn't believe the coincidence. My wife told me that this woman was frightened the same as she was several months ago. I suggested to my wife that she should give some help. My wife says yes I know, I already have her phone number I will call her tonight.

[frank1538]

UPDATE!

 

Our daughter as scheduled, returned to the Consulate at 2 PM Dec 4 China time (9 PM Dec 3 Alaska time).  We called at 10 PM our time.  Two minutes later the tears of joy were flowing.  We were informed that our daughter was to return to the Consulate at 4 PM Dec 5 to pickup her passport and visa.  Our next trip to China for Chinese New Year will be extra special as we will be bringing our daughter home with us when we return.  Our thanks to all of you for your support!!

 

One personal note.  I don't know what could possibly top the best two year eight month adventure of my life.  I guess I'll just continue to feel and give the love I haven't experienced in over thirty years.  Good luck to all of you on your adventure.

Goose bump time. So glad to hear the good news. B)