abandoning a K2
Oct 11th 2001, 1:20 am
#1
Just Joined
Thread Starter
Joined: Jun 2001
Posts: 26
Hi everyone,
I came to the States in June this year with my 2 daughters on K1& 2 visas. We filed AOS at Kansas City in August & went to be fingerprinted on 10/9/01.
My 16 year old daughter has not settled at all & wants to go back to the UK to live with her father.
If I allow her to do this where will she stand as far as the INS are concerned?
Will she be classed as an overstay if she leaves?
I am afraid she will not be able to visit in the future.
Thanks in advance for any help
Karen
I came to the States in June this year with my 2 daughters on K1& 2 visas. We filed AOS at Kansas City in August & went to be fingerprinted on 10/9/01.
My 16 year old daughter has not settled at all & wants to go back to the UK to live with her father.
If I allow her to do this where will she stand as far as the INS are concerned?
Will she be classed as an overstay if she leaves?
I am afraid she will not be able to visit in the future.
Thanks in advance for any help
Karen
Oct 11th 2001, 1:30 am
#2
Concierge
Joined: Apr 2001
Posts: 46,474
I doubt that this would be an overstay issue as she currently has an AOS petition pending. That alone is her right to remain in the US. As with someone who is legally in an overstay situation, the overstay stops the moment the petition is filed. So your fears in that respect are groundless.
Will the guards at the POE feel that she has immigrant intent when she comes and visits. That will remain to be an issue in the future. Actually an issue that all children of migrating parents would face.
Since she is so close to getting the greencard, can't you talk her into stay until then. At least at that point she can return to the UK and if things don't work there she can legally come back into the US within a reasonable amount of time and retain her green card.
Rita
Will the guards at the POE feel that she has immigrant intent when she comes and visits. That will remain to be an issue in the future. Actually an issue that all children of migrating parents would face.
Since she is so close to getting the greencard, can't you talk her into stay until then. At least at that point she can return to the UK and if things don't work there she can legally come back into the US within a reasonable amount of time and retain her green card.
Rita
Oct 11th 2001, 1:44 am
#3
Just Joined
Thread Starter
Joined: Jun 2001
Posts: 26
thanx for the reply
I was thinking the same thing, about her staying till she has the green card. Do you know how long she can stay away & still use the green card to re-enter?
My younger daughter will be going back to the UK every year for the summer hols to visit her father ( 3 months ) will this be a problem?
Also my ex is coming to visit the kids in 2 weeks on a visa waiver, do you think he will be ok at the poe? He has a return ticket & is here for 2 weeks. I had not thought there might be problems, he will be travelling with my 13 year old son who is coming in on a K2.
thanks again for your help.
Karen
I was thinking the same thing, about her staying till she has the green card. Do you know how long she can stay away & still use the green card to re-enter?
My younger daughter will be going back to the UK every year for the summer hols to visit her father ( 3 months ) will this be a problem?
Also my ex is coming to visit the kids in 2 weeks on a visa waiver, do you think he will be ok at the poe? He has a return ticket & is here for 2 weeks. I had not thought there might be problems, he will be travelling with my 13 year old son who is coming in on a K2.
thanks again for your help.
Karen
Originally posted by Rete
I doubt that this would be an overstay issue as she currently has an AOS petition pending. That alone is her right to remain in the US. As with someone who is legally in an overstay situation, the overstay stops the moment the petition is filed. So your fears in that respect are groundless.
Will the guards at the POE feel that she has immigrant intent when she comes and visits. That will remain to be an issue in the future. Actually an issue that all children of migrating parents would face.
Since she is so close to getting the greencard, can't you talk her into stay until then. At least at that point she can return to the UK and if things don't work there she can legally come back into the US within a reasonable amount of time and retain her green card.
Rita
I doubt that this would be an overstay issue as she currently has an AOS petition pending. That alone is her right to remain in the US. As with someone who is legally in an overstay situation, the overstay stops the moment the petition is filed. So your fears in that respect are groundless.
Will the guards at the POE feel that she has immigrant intent when she comes and visits. That will remain to be an issue in the future. Actually an issue that all children of migrating parents would face.
Since she is so close to getting the greencard, can't you talk her into stay until then. At least at that point she can return to the UK and if things don't work there she can legally come back into the US within a reasonable amount of time and retain her green card.
Rita
Oct 11th 2001, 2:04 am
#4
Concierge
Joined: Apr 2001
Posts: 46,474
Neither your younger daughter, exhusband or K-2 will have problems at the POE. Your younger daughter can travel on the A/P and be away for that length of time without a problem. Your has the legal right to enter the US and activate his K-2 and your ex-husband has no basis for legal migration and will have a return ticket so I don't foresee a problem for him either.
Your older daughter can be away for 6 months without any problems with her green card and if longer she can apply for a re-entry permit from the US Consulate. In fact she might well want to do that before she leaves citing a return to England for educational purposes. This will should allow her to be away for the school term at least and she can return to the US for the summer and holidays.
Why not invest a small amount of money and get a consultation with a good immigration attorney in your area for all of the ins and outs.
Rita
Your older daughter can be away for 6 months without any problems with her green card and if longer she can apply for a re-entry permit from the US Consulate. In fact she might well want to do that before she leaves citing a return to England for educational purposes. This will should allow her to be away for the school term at least and she can return to the US for the summer and holidays.
Why not invest a small amount of money and get a consultation with a good immigration attorney in your area for all of the ins and outs.
Rita
