How long K2s have to join their parent who left on K1

David in Idaho says on Jul 20, 2006, 20:48:

sounds like something Visa Journey would know. If you haven't already done so, I would research this at visajourney.com although I'm sure some PBH members will know.

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rjstuff says on Jul 21, 2006, 07:33:

Well Here's the scoop Only one person on Visa Journey replied but he was wrong (he said 6 months.) And Gringo - she (or they) didn't want the son to come just now (better for the new couple to get to know each other before throwing a kid into the mix I guess.)
Anyhow I did some googling and finally found this in the Visa Journey FAQs:
"A K2 Visa holder (child of K1 Visa holder) may enter up to one year after the K1, but a K2 Visa holder may not enter the U.S. prior to the K1." This is from Visa Journey http://www.visajourney.com/faq/k1k2visa-outline.html Read step 3.

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Gator says on Jul 21, 2006, 07:59:

One Year for a K-2... to follow-to-join. Travel must be within one year from the date of issuance of the K-1 visa to her parent. A separate petition is not required if the child comes with her or follows her within one year from that date. If it is longer than one year from the date of the original K1 visa issuance, a separate immigrant visa petition will be required.

If she is coming from Colombia the father will be required to give written permission for the child to exit Colombia. This is rigidly enforced by DAS at the point of departure.

"SIC FRIATUR CRUSTUM DULCE. OBESA CANTAVIT."

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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rjstuff says on Jul 21, 2006, 09:39:

Thanks Gator but now we have another descrepency On Visa Journey someone tells me that the minor child has one eyar to apply for the K2 visa (after the parent gets his/her K1) but must travel within 6 months of receiving the K2 visa - that doesn't jive with the faq or what you said. This kid obtained his K2 with his mother (at the same time) but hasn't traveled yet. Also, there is no father on the birth certificate so the assumption is that he can leave with his mother. It has become a little more confusing - what's new? Jejeje

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Gator says on Jul 21, 2006, 14:13:

Humm! 1. The problem is the child has been issued a K2 visa as part of the application for his mother's K-1 visa he has one year to follow. In your case the one year time limit started when her and the child's visa was issued. Again eligible dependent children must travel to the United States on a K-2 visa within one year of the issuance of the K-1 visa to the beneficiary. If the child of your Fiancee seeks to enter the United States more than one year after your Fiancee has received a K-1 visa, it will be necessary to file an immigrant visa petition all over again for the child.

Here is the quote from the US Embassy web page Bogotá.

"MINOR CHILDREN: The minor children of a K-1 beneficiary derive K-2 non-immigrant visa status from the parent as long as the children are named in the petition. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 Visa. After one year, a separate immigrant visa petition is required."


2. Cuidado!!!!! You stated, "Also, there is no father on the birth certificate so the assumption is that he can leave with his mother."

DO NOT MAKE THIS ASSUMPTION. The Government of Colombia DOES HAVE a regulation by which every Colombian minor abandoning the Colombian territory either without his/her parents or with only one of them, must have the written authorization of the non-traveling parent(s) to leave the Colombian territory. This regulation does not refer to children coming into the country, but to children leaving the Country.
Such regulation is strictly enforced by the Colombian Immigration Authority( Departamento Administrativo de Seguridad). I would have her contact DAS NOW to find out what she will need. She may well have to get and order from the Colombian Family Court (Juzgado 6 de Familia). The time to get started on this in NOW!!!






"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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rjstuff says on Jul 21, 2006, 20:28:

Thanks gator So, the son has one year from the original issueance of the visa. That's good. I wil pass on the info about maybe she should contact DAS to find out what she may need if no father is listed on the birth certificate (she was never married and the father in fact is in Miami - he thinks he is a playboy or somehting - I don't know but thats what I was told! Thanks

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