Jo_B

sighhhhhh... as if the process isn't enough stress already, my son has once again decided he will not be going with me to the US.
My question is: Can I continue with getting his visa, (almost there) and he can follow within the 4 months to expiry if he chooses to do so? Do I need to let anyone know at this point that he will not be going with me, but possibly following at a later date? And what of his pending I-130? I will be adjusting status asap, what do I do about his adjustment?
Thanks to anyone who could help answer these questions for me.
Good luck to everyone with their petitions.
Jo

Rete

Why don't you sit down with the young man and have a good talk with him about the factual aspects of migrating with you to the US.

I know that a K-1 has six months in which to activate the K-1 after its approval at the US Consulate. Are you sure that K-3's are only 4 months? Even so, just because he comes to the US doesn't mean he has to stay. He is free to return to wherever it is you presently reside as long as there is an adult there to take him in that is ;-)

Also the K-3 has the ability to enter and leave and enter and leave the US as often as they like without the requirement of advance parole (until they file adjustment of status that is) for several years isn't it. So if he comes here, doesn't like, returns home and doesn't like that he still has time to return to the US without having to get another visa.

Just my thoughts and praying there is accuracy there.

Rete

Jo_B

Thank you for your reply Rete. My son won't be entering with me at all. He will remain in Canada when I move to the US. I'm concerned with if he changes his mind again in the next few months. What happens then? Can I activate his K4 visa at the POE even if he dosen't acutally enter the US at that time? Is it acceptable for me to adjust status when I first arrive and not have him do the same, but hopefully, if and when he joins me, can adjust his status then? Is there a limit to how many months he can remain out of the US in Canada on his K4 visa?
Just when I thought I had it all figured out, comes another curve ball.. sighhhhhh...
Thanks again
Jo

Girard Bourque

Have a friend going through the same thing right now. The time frame for him was 1
year from date of issue or AOS which ever came first. So he is trying to find a way
that is quicker then the 2 years the normal I-130 route is taking in the DR.

Jerry