We thought we had it all figured out, now we have problems getting our child
Jan 23rd 2004, 9:11 am
#16
foxy little minx
Joined: Jan 2003
Location: Mexicana in Chicago
Posts: 770
Re: We thought we had it all figured out, now we have problems getting our child
Thanks for clearing that up for me Jeff. I don't know where I got the idea it was a consulate thing, maybe because of how they phrased it when I asked...
Anyway, you're right... that trip must be a nightmare for the child and a dicey situation for the adult in charge of the child.
I think their best bet is to hurry filing for AOS and AP immediately after the wedding and have her mother bring her in as soon as the AP is granted...
Anyway, you're right... that trip must be a nightmare for the child and a dicey situation for the adult in charge of the child.
I think their best bet is to hurry filing for AOS and AP immediately after the wedding and have her mother bring her in as soon as the AP is granted...
Jan 23rd 2004, 9:45 am
#17
Member
Joined: Apr 2001
Posts: 14,049
Re: We thought we had it all figured out, now we have problems getting our child
John,
I'm glad my reference proved to be useful to you.
Please be careful in writing the post that you propose. If it's general advice or high-level summary, good. But be wary of getting into details that might be case specific to your situation and might be misleading when summarized or taken out of context. If your discussion with the attorney was indeed "very technical", it would be very easy for lay persons like ourselves to not appreciate what can be talked about casually and what should not.
Best of luck with your situation.
Regards, JEff
I'm glad my reference proved to be useful to you.
Please be careful in writing the post that you propose. If it's general advice or high-level summary, good. But be wary of getting into details that might be case specific to your situation and might be misleading when summarized or taken out of context. If your discussion with the attorney was indeed "very technical", it would be very easy for lay persons like ourselves to not appreciate what can be talked about casually and what should not.
Best of luck with your situation.
Regards, JEff
Originally posted by John Schneider
Thanks Jeff, I've called Laura and she was able to discuss some important
points of the issue with me. She said it was very technical and interesting
and so she spent quite a bit of time discussing it with me. I'll summarize
our discussion points and post them shortly.
Thanks Jeff, I've called Laura and she was able to discuss some important
points of the issue with me. She said it was very technical and interesting
and so she spent quite a bit of time discussing it with me. I'll summarize
our discussion points and post them shortly.
Jan 23rd 2004, 11:08 am
#18
Guest
Posts: n/a
Re: We thought we had it all figured out, now we have problems getting our child
> Please be careful in writing the post that you propose. If it's general
> advice or high-level summary, good. But be wary of getting into details
> that might be case specific to your situation and might be misleading
> when summarized or taken out of context. If your discussion with the
> attorney was indeed "very technical", it would be very easy for lay
> persons like ourselves to not appreciate what can be talked about
> casually and what should not.
Jeff,
Good point. Let me make the disclaimer now that my ideas and interpretations
are those of a layperson. However, since it is ultimately my responsibility
to understand my choices as best I can (taking into consideration the advice
of 'experts', other persons with similar or different experiences, and the
advice of officials I am able to get in contact with) and to make decisions
towards the ultimate resolution of my situation, I am compelled to write
about my thoughts in detail on this discussion board. Those reading this
should take into account my status as a lay-person and keep this in mind
when considering if what I have written could possibly apply to their
situation or might be useful to them in some way.
John
> advice or high-level summary, good. But be wary of getting into details
> that might be case specific to your situation and might be misleading
> when summarized or taken out of context. If your discussion with the
> attorney was indeed "very technical", it would be very easy for lay
> persons like ourselves to not appreciate what can be talked about
> casually and what should not.
Jeff,
Good point. Let me make the disclaimer now that my ideas and interpretations
are those of a layperson. However, since it is ultimately my responsibility
to understand my choices as best I can (taking into consideration the advice
of 'experts', other persons with similar or different experiences, and the
advice of officials I am able to get in contact with) and to make decisions
towards the ultimate resolution of my situation, I am compelled to write
about my thoughts in detail on this discussion board. Those reading this
should take into account my status as a lay-person and keep this in mind
when considering if what I have written could possibly apply to their
situation or might be useful to them in some way.
John
Jan 23rd 2004, 11:19 am
#19
Guest
Posts: n/a
Re: We thought we had it all figured out, now we have problems getting our child
Jeff,
I would not travel with the child without paperwork that would authorize me
to do so. This is what I am currently investigating.
I would also not travel with the child without the help of someone that
could help us to communicate well. However, 20 hours of travel may be a
better alternative to 1-2 years away from her mother and we just may have to
tought-that-out. Hope not, but looks that way.
John
I would not travel with the child without paperwork that would authorize me
to do so. This is what I am currently investigating.
I would also not travel with the child without the help of someone that
could help us to communicate well. However, 20 hours of travel may be a
better alternative to 1-2 years away from her mother and we just may have to
tought-that-out. Hope not, but looks that way.
John
Jan 25th 2004, 12:10 pm
#20
Guest
Posts: n/a
Re: We thought we had it all figured out, now we have problems getting our child
"bequibar"
> I think their best bet is to hurry filing for AOS and AP immediately
> after the wedding and have her mother bring her in as soon as the AP is
> granted...
The problem here is that if the AP doesn't come before the child's visa
expires, we would have to file for a new visa that currently is taking about
a year.
> I think their best bet is to hurry filing for AOS and AP immediately
> after the wedding and have her mother bring her in as soon as the AP is
> granted...
The problem here is that if the AP doesn't come before the child's visa
expires, we would have to file for a new visa that currently is taking about
a year.
Jan 25th 2004, 5:51 pm
#21
Guest
Posts: n/a
Re: We thought we had it all figured out, now we have problems getting
John Schneider wrote:
> "bequibar"
>
>
>>I think their best bet is to hurry filing for AOS and AP immediately
>>after the wedding and have her mother bring her in as soon as the AP is
>>granted...
>
>
>
> The problem here is that if the AP doesn't come before the child's visa
> expires, we would have to file for a new visa that currently is taking about
> a year.
>
For a K-2, the child needs to come within a year of the parent.
I don't think you need a new I-129F for this, I think you just reapply
to the consular people in that country for the K-2. You might oontact
them for information on this.
> "bequibar"
>
>
>>I think their best bet is to hurry filing for AOS and AP immediately
>>after the wedding and have her mother bring her in as soon as the AP is
>>granted...
>
>
>
> The problem here is that if the AP doesn't come before the child's visa
> expires, we would have to file for a new visa that currently is taking about
> a year.
>
For a K-2, the child needs to come within a year of the parent.
I don't think you need a new I-129F for this, I think you just reapply
to the consular people in that country for the K-2. You might oontact
them for information on this.
Jan 25th 2004, 11:39 pm
#22
Member
Joined: Apr 2001
Posts: 14,049
Re: We thought we had it all figured out, now we have problems getting
Mr.T,
Again - you are incorrect.
The child does not need to follow the parent within 1 year - the child needs to be issued a K2 visa within 1 year of the issuance of the parent's K1 visa. Once the K2 visa is issued, the child needs to use it within 6 months.
John's problem is that the K2 visa has already been issued, and now it must be used before it expires.
As bequibar found out the hard way, a 2nd K2 visa will not be issued.
Regards, JEff
Again - you are incorrect.
The child does not need to follow the parent within 1 year - the child needs to be issued a K2 visa within 1 year of the issuance of the parent's K1 visa. Once the K2 visa is issued, the child needs to use it within 6 months.
John's problem is that the K2 visa has already been issued, and now it must be used before it expires.
As bequibar found out the hard way, a 2nd K2 visa will not be issued.
Regards, JEff
Originally posted by Mrraveltay
For a K-2, the child needs to come within a year of the parent.
I don't think you need a new I-129F for this, I think you just reapply
to the consular people in that country for the K-2. You might oontact
them for information on this.
For a K-2, the child needs to come within a year of the parent.
I don't think you need a new I-129F for this, I think you just reapply
to the consular people in that country for the K-2. You might oontact
them for information on this.
Jan 26th 2004, 6:38 am
#23
Guest
Posts: n/a
Re: We thought we had it all figured out, now we have problems getting
jeffreyhy wrote:
> Mr.T,
>
> Again - you are incorrect.
>
> The child does not need to follow the
> parent within 1 year - the child needs to be issued a K2 visa within
> 1 year of the issuance of the parent's K1 visa. Once the K2 visa is
> issued, the child needs to use it within 6 months.
So, the mistake was that they should have waited on getting the k-3
until it was within 6 months of when the child could come.
> Mr.T,
>
> Again - you are incorrect.
>
> The child does not need to follow the
> parent within 1 year - the child needs to be issued a K2 visa within
> 1 year of the issuance of the parent's K1 visa. Once the K2 visa is
> issued, the child needs to use it within 6 months.
So, the mistake was that they should have waited on getting the k-3
until it was within 6 months of when the child could come.
Jan 26th 2004, 6:39 am
#24
Guest
Posts: n/a
Re: We thought we had it all figured out, now we have problems getting
jeffreyhy wrote:
> Mr.T,
>
> Again - you are incorrect.
>
> The child does not need to follow the
> parent within 1 year - the child needs to be issued a K2 visa within
> 1 year of the issuance of the parent's K1 visa. Once the K2 visa is
> issued, the child needs to use it within 6 months.
>
> John's problem is
> that the K2 visa has already been issued, and now it must be used
> before it expires.
>
> As bequibar found out the hard way, a 2nd K2 visa
> will not be issued.
Is this K-2 issue something determined by law or is there any room for
the consulate to issue the child a visa?? Was bequilbar dealing with
the same consulate?
> Mr.T,
>
> Again - you are incorrect.
>
> The child does not need to follow the
> parent within 1 year - the child needs to be issued a K2 visa within
> 1 year of the issuance of the parent's K1 visa. Once the K2 visa is
> issued, the child needs to use it within 6 months.
>
> John's problem is
> that the K2 visa has already been issued, and now it must be used
> before it expires.
>
> As bequibar found out the hard way, a 2nd K2 visa
> will not be issued.
Is this K-2 issue something determined by law or is there any room for
the consulate to issue the child a visa?? Was bequilbar dealing with
the same consulate?
Jan 26th 2004, 7:53 am
#25
foxy little minx
Joined: Jan 2003
Location: Mexicana in Chicago
Posts: 770
Re: We thought we had it all figured out, now we have problems getting
Originally posted by Mrraveltay
So, the mistake was that they should have waited on getting the k-3 until it was within 6 months of when the child could come.
So, the mistake was that they should have waited on getting the k-3 until it was within 6 months of when the child could come.
My ex was refusing to help me out with the procedures, meaning, he would not take my daughter to the consulate interview and medical at all, he wanted me to do it.
The thing was, I was ready to move to the States by October 2003, whereas my daughter was to wait until her school year was over: August 2004. It was almost a whole year.
Since her father wouldn't take her on his own, and I was under the wrong assumption that she had a year to folllow me, it was easy for me to bring her to my own consulate interview and medical and get her k2 issued at the same time. As soon as her k2 was issued I learnt she had 6 months to follow me, instead of a year.
Is this K-2 issue something determined by law or is there any room for the consulate to issue the child a visa?? Was bequilbar dealing with the same consulate?
If I'm wrong, someone should chime in with the correct answer...
Jan 26th 2004, 9:32 am
#26
Member
Joined: Apr 2001
Posts: 14,049
Re: We thought we had it all figured out, now we have problems getting
MrT,
K2, not K3.
No, although I think you have the right idea and are just expressing it incorrectly. E.g. if it would be more than 1-1/2 years before the child could come, a K2 visa wouldn't work at all.
The mistake was getting the child's K2 visa at the same time as the parent's K1 visa since the parent would not be able to go back to get the child within the 6 month period before the K2 visa expires.
Actually, I think the parent could probably have gotten AP in time to go back and get the child within 6 months in most places had they planned properly - get married and apply for AOS and AP promptly after entry. But at some offices even this would have been risky. So proper planning would have been to have the child apply for the K2 visa as soon as the parent had obtained AP and well within 1-year from the date that the parent's K1 was issued.
Regards, JEff
K2, not K3.
No, although I think you have the right idea and are just expressing it incorrectly. E.g. if it would be more than 1-1/2 years before the child could come, a K2 visa wouldn't work at all.
The mistake was getting the child's K2 visa at the same time as the parent's K1 visa since the parent would not be able to go back to get the child within the 6 month period before the K2 visa expires.
Actually, I think the parent could probably have gotten AP in time to go back and get the child within 6 months in most places had they planned properly - get married and apply for AOS and AP promptly after entry. But at some offices even this would have been risky. So proper planning would have been to have the child apply for the K2 visa as soon as the parent had obtained AP and well within 1-year from the date that the parent's K1 was issued.
Regards, JEff
Originally posted by Mrraveltay
So, the mistake was that they should have waited on getting the k-3
until it was within 6 months of when the child could come.
So, the mistake was that they should have waited on getting the k-3
until it was within 6 months of when the child could come.
