Stina

I have a friend who came to the US in August on a K1, with her son on a K2. Her daughter didn't wish to come to the US to live (only for the holidays to see her mum), and stayed in the UK with her father.

My friend got married, and she and her son are in the middle of their AOS. Just before Christmas things went sour between her daughter and her father, and he has completely disowned her. So she came to the US for Christmas on the VWP and my friend is obviously unwilling to let her return home to the UK where she would be put into care.

I don't know if the daughter was named on the initial K1 petition, but if she was am I correct in assuming that she is entitled to K2 status? If one wishes to get into the US as a K2, do you need a stamp in your passport or something? Can the daughter activate the K2 follow-to-join status here in the US, or would she need to leave and return?

I married on the VWP and have no kids, so I know nothing of the K2 process and I'm not sure what to advise her.

Help, please!!

FlyergirlUK

What's the daughter's age? Or, rather, how old was she when her mother re-married?

The daughter should have been named on the I-129F as standard but not everyone reads, (or follows) the instructions. If she was not named then the next paragraph may or may not apply...

How long ago did the mother gain the K1? If it has been over a year then there's no chance of the daughter getting the K2. If it's been less than a year then she'd be best off emailing the Embassy in London for direction but she'd have to return to the UK in order to get the visa.

Failing that, I'm sure someone will mention filing paperwork while here...

Stina

I agree; the daughter SHOULD have been named. I will need to check that with my friend. My friend entered in August, so the earliest the K1 can have been issued what? how long does one have to use a K1? I want to say three months, but it may be six or even a year. If it's a year and she used all that time, she'd be out of luck. Chances are that it's within a year.

I don't recall exactly how old her daughter is, but young enough to need to be at home rather than living alone. (I have early teens in my head, but she's not a particularly close friend and I have to admit that I'm not good with remembering ages!!) Well under the 21/18 year "cutoff" though.

I will suggest that she email the embassy, do you have an address? Also, is it worth making an InfoPass to get any joy? Would she have to go to the embassy and interview to get the visa? My concern is that with her father having disowned her that might not be so easy - although I don't know much about the extended family situation and whether someone would be prepared to do that. I'm assuming that overstaying the VWP 90 days would not be a good idea at this stage, unless there is any way to get her VWP entry amended to being a K2 (which without the visa itself would be impossible, I guess).

I can see the appeal of filing paperwork whilst here - particularly in this situation - but I didn't know whether it would be possible because the daughter is not an "immediate relative" of the USC, only of the adjusting K1. If there is a way to do that, I'm sure it would be the prefered method.

I also don't know whether parental consent will be required from the father to bring her over here beings that he's disowned her, and what kind of hassle that could cause.

Thank you so much for your help.

FlyergirlUK

The K1 is valid for six months so, if your friend entered at the latest possible time then it would've been issued sometime around February-ish.

[email protected]

No idea but I wouldn't put any money on it.

Yes.

Definitely not a good idea and, as a K2, it would be the white I-94 she'd be filling out to hand in at immigration at her POE for her initial entry, not the green I-94W.

That's why the age of the child is important as the USCIS has its own rules as to the step-parent/step-child viability and whether or not the step-parent, (USC) is allowed to file for the child as an immediate relative.

Well if she's a minor then I'm pretty sure that his consent would be a must or, failing that, it'd have to go through court.

meauxna

Stina, why don't you recommend that she meet with an immigration attorney? There may be options she can explore in private that would be more satisfactory and accurate than contacting the Consulate or InfoPass.
Remember: when you're a Hammer, everything looks like a Nail.

Stina

Oh, heck yeah! An attorney is definately the next port of call.

She was just panicking, and I said that I would try and get some info for her. I'm in no way recommending that she just file for AOS - just because I did doesn't make it the right thing to do!!

meauxna

And I'm not necessarily saying it's the wrong thing, either, but there are a lot of loose ends (the father etc) to deal with.
The important thing for right now is Kidlet is safe with Mum for a bit, but tell her not to drag it out to the end of 90 days to meet with someone. No sense reducing one's options if there's no need.

Rete

There was another poster here last year (2005) that had much the same problem and you might want to search for it for their solution.

BTW the stepfather can petition for her as an immediate relative.

As for your last sentence, it doesn't necesarily make it the wrong thing to do either.

Have her seek a consultation with an experienced qualified immigration attorney and not the CIS.

Rete

Stina

Just to clear a couple of things up: My friends daughter is 14 - nowhere close to being an age-out, and in no way old enough to go back to to the UK on her own.

Also, my friend ticked the box that said her daughter would NOT be following-to-join. What's the implication of that now that she does wish to come here?

She is going to consult with an attorney, I'm just interested for my own sake now!