bequibar

My daughter is supposed to follow me next year.
I assumed I could file for her once I was settled in the states.

But I've been reading kamya and realised I was supposed to have filed for my child at the same time when we filed for me, even if she wasn't coming along right away.

I did mention her on the I129-F, but we did not submit forms for her and she is not coming with me to the consulate interview... is this a huge problem?

Should I fix this immediately? How?

apache

Wait till you get your green card then file for your daughter

Mrtravel

apache wrote:
    > Wait till you get your green card then file for your daughter
    >

As long as the daughter was included on the I-129F, doesn't she have up
to 1 year to follow the K-1 parent?

Additionally, there would be no need to wait for a greencard to apply
for the child. After the wedding, the USC is now the stepparent, and as
such can file for a child if the marriage was before she turned 18.

jeffreyhy

[CORRECTION: A K2 visa is valid for a period of 6 months, not for 1 year as I originally stated in this post. If any future reader of this post or this thread is concerned about the timing for a 'following to join' K2, please take note of this in your planning. I applogize for the mis-information. JEff]

beq,

It probably would have been easier for your daughter to have applied for her K2 at the same time that you applied for your K1 - everything would have been done together, and her K2 is good for 1 year before it would expire.

Your daughter can still apply for a K2 visa as long as she applies early enough for the visa to be issued within 1 year of your visa issuance date. The difficulty being that you won't be there to help her so other competant family members or friends will have to help her.

But wait - your fiance has only had his I-129f approved within the last week or so, right? Has the case file even arrived at the consulate yet? Have you submitted your own visa application yet?

Even if you have it's quite likely that you still have time to submit an application for her and have it processed along with your own. Again, your K1 visa will be valid for 6 months, but her K2 will be valid for 1 year.

Regards, JEff

bequibar

apache - thanks

mrtravel -
She'll be 12 when she follows. Yeh I knew about the one year, but... we had decided against filing for her alongside me because, at the time we decided for the k1, according to our too optimistic math, her one year validity would've been over before she finished her school year and therefore she would've been overdue before being able to join us.

Of course now, after months of stalling at VSC and not even having a consulate interview date idea, she would be well within her one year window, so now I'm kicking myself.

jeffreyhy -
I don't know where we are right now: NVC I assume? Or enroute? And I also assume my consulate has gotten no word from them because sweety emailed them asking them to open a provisional file and they don't do that before they get the file from NVC, so...

But what do you mean have I filed for my own visa application? You mean even if I didn't submit a G-325A for her at VSC, I can still fill out applications for her at the consulate and bring her to the medical and the interview?

jeffreyhy

beq,

Yes, that's exactly what I mean. Nothing is required for a K2 child with the I-129f petition. That petition is for you, and you only. Nothing is needed for any children who will come along with you.

When you receive the Packet #3 from your consulate, follow the instructions for including a child as a K2 and submit a visa application for your daughter along with your own application. You are not too late, you are right on time!

Regards, JEff

Joy.

Hi,

I believe that you may include a child up to age 21 under the
provisions of the I-129F. Other visas require the child to be under
age 18. As long as you have listed the child on the I-129F, you can
fill out the necessary paperwork during the consulate process. This
may delay the issuance of your visa as you will need time to negotiate
the forms. I understand that you will need to have a separate
notarized I-134 for the child and you may also be asked for the 325
and other forms. Depending on your Consulate, they may also want
genetic testing to determine that the child is biologically yours.
This is the case with some countries. You might want to contact the
consulate to find out what their requirements are. Even if the child
is to follow you, you might want to make sure their visa has been
issued before you leave your country since it can get complicated.
Best wishes to you.
Joy

bequibar

Ah, PHEW!!!
Thanks Jeff, I thought I was too late, this is a big weight off my shoulders!!!

I don't know why I understood I had to have filed a G325A for her in the initial petition sent to Vermont.

I was so scared I did lots of research last night. I found that although some said it was recommended, it's not in fact necessary, and I just needed to mention her in the I129F. And now with your post today I can breathe easier... I'll just include her own documents at the consulate, bring her to the interview and have her keep her visa 'till she joins us.


Joy -
thanks for your answer. I believe all they want is a letter from her dad saying he's aware and ok with the fact that she's relocating to the states with me (we share custody).

I thought all same-family visas were processed and issued the same day... is there a possibility they'll give me mine and leave hers pending?

Joy.

Hi Beq,

I also think all same family visas are issued the same day. However,
be sure of what the consulate will require as documentation for the
child so they will be no delay while you gather information. I have
heard of countries wanting parental DNA testing which they usually ask
for only at the end of the interview process. Something like "Your
visa is approved as soon as we receive DNA test to show this is your
biological child". If this is true in your case, you would need to get
the petitioner to arrange the testing with a lab in the U.S., the lab
would send testing supplies to the fiance embassy and complete the
testing there. This process adds substantial time to the process.
When the test results were completed, the visa/s would be issued.
Best wishes.
Joy
    >
    >
    > Joy -
    >
    > thanks for your answer. I believe all they want is a letter from her dad
    > saying he's aware and ok with the fact that she's relocating to the
    > states with me (we share custody).
    >
    >
    >
    > I thought all same-family visas were processed and issued the
    > same day... is there a possibility they'll give me mine and leave
    > hers pending?

bequibar

i believed my daughter´s visa would be good for a year and being issued in october she´d have more than enough time to join me next summer.

yesterday, as her visa was issued, we checked it to be sure and it says it expires in april 2003

is it a fact that a k2 expires a year after it was issued or will it expire in 6 months as it states on the seal in her passport?