PAm

my question is this:
my first question is: has anyone here personal experience with k2 visa
of small child (12 or less), and if you are willing to share it.


second question: if the k2 is supposed to "follow to join" the k1
parent, should he/her be included on the affidavit of support (I-134)
and be counted as member of the house hold even when they will join the

k1 parent/family in 6-9 months?
-since you have to count household members, the new and the old-


thank you in advance.

Maggs

Just thought I would bump this one up.

Also, Pam do a search with K2 as the title. You'll find quite a few threads.

Maggie

PAm

thank you again
i did the research in here and the other place before posting this
-again- but none answer my questions. so that is why i was trying to do
so, i did not only look in here but on visajourney too and i still dont
find the answers i need.

Jonathan McNeil Wong

PAm wrote:
    > my question is this:
    > my first question is: has anyone here personal experience with k2 visa
    > of small child (12 or less), and if you are willing to share it.
    >
    >
    > second question: if the k2 is supposed to "follow to join" the k1
    > parent, should he/her be included on the affidavit of support (I-134)
    > and be counted as member of the house hold even when they will join the
    >
    > k1 parent/family in 6-9 months?
    > -since you have to count household members, the new and the old-
    >
    >
    > thank you in advance.
    >

Your question is a little short on facts, so I reply only generally; do
not assume my reply will fit your specific circumstances.

Generally, if a USC is petitioning for a K-1 and there are K-2
dependents who will follow to join after the K-1, I have the USC prepare
a separate I-134 for the follow-to-join K-2. On the I-134 for the K-1,
I list the K-2 dependents who will later follow to join (just as the
form instructs).

On the I-134 for the dependents, I list the dependent as the sponsored
person, then I fill out the part that says I have previously submitted
an affidavit of support for these persons.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

PAm

first of all thank you for your kindness and replying.
i still have a bunch of questions and doubts :/
my question in here was (will try to rephrase it):
my US fiance will file a petition for me, and according to a research i
did the embassy at my country will ask me for an affidavit (I-134) for
me -of course- but also for my 3 children (ages 12, 8 and 6).
they wont accompany me but they will follow me.
and i think i mix up my doubts (between I-134 and the I-864)
so could you please correct me if i am wrong
1. on the I-134 there is one sponsor -and co-sponsor if needed- but
each person will send an individual I-134, unlike in the I-864 that you
can file one plus a joint one to that one -add a member of household-
and then a second I-864 with also an add of a household member -dont
know if situation has come up-
2. according to what i read embassy here can give me the k2 for my
children as soon as i get the k1 or i can ask them to delay that and i
can ask for it in another date as long as its withing a year of the
issuance of mine and once the k2 is issued its valid for just 6 months.
not sure if you can help me with this but when time is right that i
want them to join me do i have to travel -with the advance parole
approved of course- and come and get the k2 for them or can it be done
other way.
3. since i will be gone first and then marry then -i heard they wont
loose the rights of the k2 even if i marry before they join me-
as i will have to send my AOS, AP and EAD to be approved does the
I-864 has to list them as members of the household even if they arent
there in flesh and blood -my thought is to bring them up once i can
find a job and we get to live in another place, my fiance even though
he is not dependant on their parents still lives in their house, which
is the first place i will land up until we can find something better.
and i will stop the questions now -even if i still have half million-
simply because i really appreciate that you were the only kind person
that was willin to help me
    :)
thank you again

Jonathan McNeil Wong

PAm wrote:
    > first of all thank you for your kindness and replying.
    > i still have a bunch of questions and doubts :/
    > my question in here was (will try to rephrase it):
    > my US fiance will file a petition for me, and according to a research i
    > did the embassy at my country will ask me for an affidavit (I-134) for
    > me -of course- but also for my 3 children (ages 12, 8 and 6).
    > they wont accompany me but they will follow me.
    > and i think i mix up my doubts (between I-134 and the I-864)
    > so could you please correct me if i am wrong


For the fiancee petition (Form I-129F, results in a K-1 for you the
fiancee and a K-2 for your children assuming everything goes right), the
citizen petitioner will need to supply an I-134 for you and a separate
I-134 for the following-to-join children. Depending on the post, a
separate I-134 may be required for each child, or the post may accept
three copies of a single I-134.

    > 1. on the I-134 there is one sponsor -and co-sponsor if needed- but
    > each person will send an individual I-134, unlike in the I-864 that you
    > can file one plus a joint one to that one -add a member of household-
    > and then a second I-864 with also an add of a household member -dont
    > know if situation has come up-

See commment above.

    > 2. according to what i read embassy here can give me the k2 for my
    > children as soon as i get the k1 or i can ask them to delay that and i
    > can ask for it in another date as long as its withing a year of the
    > issuance of mine and once the k2 is issued its valid for just 6 months.
    > not sure if you can help me with this but when time is right that i
    > want them to join me do i have to travel -with the advance parole
    > approved of course- and come and get the k2 for them or can it be done
    > other way.

I don't think this is right. If you are traveling on an advance parole
I am not certain that the children can accompany as K-2s, which is what
I think the situation would be.

    > 3. since i will be gone first and then marry then -i heard they wont
    > loose the rights of the k2 even if i marry before they join me-
    > as i will have to send my AOS, AP and EAD to be approved does the
    > I-864 has to list them as members of the household even if they arent
    > there in flesh and blood -my thought is to bring them up once i can
    > find a job and we get to live in another place, my fiance even though
    > he is not dependant on their parents still lives in their house, which
    > is the first place i will land up until we can find something better.
    > and i will stop the questions now -even if i still have half million-
    > simply because i really appreciate that you were the only kind person
    > that was willin to help me

I think you should consult an immigration lawyer on your options, even
if you have to pay a little. What you end up doing may depend in part
on what your timing needs are.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

jeffreyhy

PAm,

What do you mean by "follow to join"? As I understand it, the phrase does not refer to the children physically traveling after you rather than with you, but rather it refers to the children applying for their visas at some future date after you make your visa application.

If the children will be applying for their visas at the same time that you are applying for your visa, the consulate may accept a single I-134 to cover all of you or they may want separate I-134s for each visa application.

If the children will be applying for their visas at some later point in time, because for example their travel is expected to take place more than 6 months after yours, then the consulate will almost certainly require a separate I-134(s) for them than for you.

I don't know if a consulate would or can delay the issuance of a visa for an extended period of time following the decision to grant the visa. Things can happen between the time that the decision is initially made, and the visa would normally be issued, and a future date when it is desired to have the visa issued, that would make the applicant no longer eligible for the visa.

Regards, JEff

jeffreyhy

Mr. JMW,

And if PAm is not traveling at all? Certainly the 12-year old is old enough to travel alone, or the children could travel in the company and under the supervision of someone other than their parent.

Eligibility for a K2 visa is based on the parent's K1 visa, not on travel arrangements, is it not?

Regards, JEff

...

    > 2. according to what i read embassy here can give me the k2 for my
    > children as soon as i get the k1 or i can ask them to delay that and i
    > can ask for it in another date as long as its withing a year of the
    > issuance of mine and once the k2 is issued its valid for just 6 months.
    > not sure if you can help me with this but when time is right that i
    > want them to join me do i have to travel -with the advance parole
    > approved of course- and come and get the k2 for them or can it be done
    > other way.

I don't think this is right. If you are traveling on an advance parole
I am not certain that the children can accompany as K-2s, which is what
I think the situation would be.

...

Jonathan McNeil Wong

jeffreyhy wrote:
    >>PAm wrote:
    >>>first of all thank you for your kindness and replying.
    >>>i still have a bunch of questions and doubts :/
    >>>my question in here was (will try to rephrase it):
    >>>my US fiance will file a petition for me, and according to a
    >>>research i
    >>>did the embassy at my country will ask me for an affidavit (I-134)
    >>>for
    >>>me -of course- but also for my 3 children (ages 12, 8 and 6).
    >>>they wont accompany me but they will follow me.
    >>>and i think i mix up my doubts (between I-134 and the I-864)
    >>>so could you please correct me if i am wrong
    >>For the fiancee petition (Form I-129F, results in a K-1 for you the
    >>fiancee and a K-2 for your children assuming everything goes right),
    >>the
    >>citizen petitioner will need to supply an I-134 for you and a separate
    >>I-134 for the following-to-join children. Depending on the post, a
    >>separate I-134 may be required for each child, or the post may accept
    >>three copies of a single I-134.
    >>>1. on the I-134 there is one sponsor -and co-sponsor if needed- but
    >>> each person will send an individual I-134, unlike in the I-864
    >>> that you
    >>> can file one plus a joint one to that one -add a member of household-
    >>> and then a second I-864 with also an add of a household member
    >>> -dont
    >>> know if situation has come up-
    >>See commment above.
    >>>2. according to what i read embassy here can give me the k2 for my
    >>> children as soon as i get the k1 or i can ask them to delay that
    >>> and i
    >>> can ask for it in another date as long as its withing a year of
    >>> the
    >>> issuance of mine and once the k2 is issued its valid for just 6
    >>> months.
    >>> not sure if you can help me with this but when time is right that
    >>> i
    >>> want them to join me do i have to travel -with the advance parole
    >>> approved of course- and come and get the k2 for them or can it be
    >>> done
    >>> other way.
    >>I don't think this is right. If you are traveling on an advance
    >>parole
    >>I am not certain that the children can accompany as K-2s, which is
    >>what
    >>I think the situation would be.
    >>>3. since i will be gone first and then marry then -i heard they wont
    >>> loose the rights of the k2 even if i marry before they join me-
    >>> as i will have to send my AOS, AP and EAD to be approved does the
    >>> I-864 has to list them as members of the household even if they
    >>> arent
    >>> there in flesh and blood -my thought is to bring them up once i
    >>> can
    >>> find a job and we get to live in another place, my fiance even
    >>> though
    >>> he is not dependant on their parents still lives in their house,
    >>> which
    >>> is the first place i will land up until we can find something
    >>> better.
    >>> and i will stop the questions now -even if i still have half million-
    >>> simply because i really appreciate that you were the only kind
    >>> person
    >>> that was willin to help me
    >>I think you should consult an immigration lawyer on your options, even
    >>if you have to pay a little. What you end up doing may depend in part
    >>on what your timing needs are.
    >>--
    >>Above intended as general commentary, not specific legal
    >>advice. Your mileage may vary.
    >>================================================ ===============
    >>Jonathan McNeil Wong Voice: 510-451-0544
    >>Donahue Gallagher Woods LLP Facsimile: 510-832-1486
    >>P.O. Box 12979 URL: http://www.donahue.com
    >>Oakland, CA 94604-2979 E-mail: [email protected]
    >>================================================ ===============
    >
    >
    > Mr. JMW,
    >
    > And if PAm is not traveling at all? Certainly the 12-year old is old
    > enough to travel alone, or the children could travel in the company and
    > under the supervision of someone other than their parent.
    >
    > Eligibility for a K2 visa is based on the parent's K1 visa, not on
    > travel arrangements, is it not?
    >
    > Regards, JEff
    >

I see. You mean, what if Pam applies for advance parole authorization
but doesn't use the document until such time as the children follow to
join. I think under that circumstance, the children could follow as
K-2s. But I didn't get that impression from PAm's post; I thought she
expected to return to pick them up on an AP, and in that case I think
their K-2s might be void by operation of law if they derive from her K-1.





--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

Jonathan McNeil Wong

Jonathan McNeil Wong wrote:
    > jeffreyhy wrote:
    >
    >>> PAm wrote:
    >>>> first of all thank you for your kindness and replying.
    >>>> i still have a bunch of questions and doubts :/
    >>>> my question in here was (will try to rephrase it):
    >>>> my US fiance will file a petition for me, and according to a
    >>>> research i
    >>>> did the embassy at my country will ask me for an affidavit (I-134)
    >>>> for
    >>>> me -of course- but also for my 3 children (ages 12, 8 and 6).
    >>>> they wont accompany me but they will follow me.
    >>>> and i think i mix up my doubts (between I-134 and the I-864)
    >>>> so could you please correct me if i am wrong
    >>> For the fiancee petition (Form I-129F, results in a K-1 for you the
    >>> fiancee and a K-2 for your children assuming everything goes right),
    >>> the
    >>> citizen petitioner will need to supply an I-134 for you and a separate
    >>> I-134 for the following-to-join children. Depending on the post, a
    >>> separate I-134 may be required for each child, or the post may accept
    >>> three copies of a single I-134.
    >>>> 1. on the I-134 there is one sponsor -and co-sponsor if needed- but
    >>>> each person will send an individual I-134, unlike in the I-864
    >>>> that you
    >>>> can file one plus a joint one to that one -add a member of household-
    >>>> and then a second I-864 with also an add of a household member
    >>>> -dont
    >>>> know if situation has come up-
    >>> See commment above.
    >>>> 2. according to what i read embassy here can give me the k2 for my
    >>>> children as soon as i get the k1 or i can ask them to delay that
    >>>> and i
    >>>> can ask for it in another date as long as its withing a year of
    >>>> the
    >>>> issuance of mine and once the k2 is issued its valid for just 6
    >>>> months.
    >>>> not sure if you can help me with this but when time is right that
    >>>> i
    >>>> want them to join me do i have to travel -with the advance parole
    >>>> approved of course- and come and get the k2 for them or can it be
    >>>> done
    >>>> other way.
    >>> I don't think this is right. If you are traveling on an advance
    >>> parole
    >>> I am not certain that the children can accompany as K-2s, which is
    >>> what
    >>> I think the situation would be.
    >>>> 3. since i will be gone first and then marry then -i heard they wont
    >>>> loose the rights of the k2 even if i marry before they join me-
    >>>> as i will have to send my AOS, AP and EAD to be approved does the
    >>>> I-864 has to list them as members of the household even if they
    >>>> arent
    >>>> there in flesh and blood -my thought is to bring them up once i
    >>>> can
    >>>> find a job and we get to live in another place, my fiance even
    >>>> though
    >>>> he is not dependant on their parents still lives in their house,
    >>>> which
    >>>> is the first place i will land up until we can find something
    >>>> better.
    >>>> and i will stop the questions now -even if i still have half million-
    >>>> simply because i really appreciate that you were the only kind
    >>>> person
    >>>> that was willin to help me
    >>> I think you should consult an immigration lawyer on your options, even
    >>> if you have to pay a little. What you end up doing may depend in part
    >>> on what your timing needs are.
    >>> --
    >>> Above intended as general commentary, not specific legal
    >>> advice. Your mileage may vary.
    >>> ================================================== =============
    >>> Jonathan McNeil Wong Voice: 510-451-0544
    >>> Donahue Gallagher Woods LLP Facsimile: 510-832-1486
    >>> P.O. Box 12979 URL: http://www.donahue.com
    >>> Oakland, CA 94604-2979 E-mail: [email protected]
    >>> ================================================== =============
    >> Mr. JMW,
    >> And if PAm is not traveling at all? Certainly the 12-year old is old
    >> enough to travel alone, or the children could travel in the company and
    >> under the supervision of someone other than their parent.
    >> Eligibility for a K2 visa is based on the parent's K1 visa, not on
    >> travel arrangements, is it not?
    >> Regards, JEff
    >
    > I see. You mean, what if Pam applies for advance parole authorization
    > but doesn't use the document until such time as the children follow to
    > join. I think under that circumstance, the children could follow as
    > K-2s. But I didn't get that impression from PAm's post; I thought she
    > expected to return to pick them up on an AP, and in that case I think
    > their K-2s might be void by operation of law if they derive from her K-1.
    >
    >
    >
    >
    >
I'm wrong about this; I've posted elsewhere the explanation.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============