K2 Visa – Follow to Join
.
A K1 Fiance(e) visa parent normally applies for a K1 and a K2 visa so children may emigrate together. Children derive their eligibility based on an approved K1 parent. They go through the DS-160 application, medical exam, interview, etc. and also arrive in the US together.
.
.
However, sometimes parents may find it necessary to postpone their children’s application/arrival for various reasons.
A K2 visa “follow to join” option allows children to apply for a K2 visa (up to 1 year) after the parent has been issued a visa. With this choice to “follow to join” in the DS-160, the K2 children won’t necessarily need to have the interview, medical, visa fees, etc. at the same time. The time limit to apply is briefly extended.
.
.
Why use a “follow to join” for a K2 visa
Let’s make one clarification:
You do not have to use the “follow to join” option if you simply want your children to arrive a bit later than you do. Remember that the K1 and K2 visas are valid for up to six (6) months. Children can use a K2 visa anytime after you arrive (within the 6 months).
If this is enough time for you to adjust to your new home, life, spouse and country, then you don’t have to risk the “follow to join” method. However, if you’re looking for your child(ren) to come to the US more than 6 months later, then you have an option.
Here are some of the several reasons for a K2 visa “follow to join”:
..
➣ Parent needs to adjust to a new life
Adjusting to a new world can be intimidating. Some parents want to settle in before introducing their children to the US. It’s understandable because it may be a stressful time for younger children.
.
➣ Schooling or education
Most of the time, minors are still in school and may need to complete their education before emigration. If the timing works out, you can get the K2 visa with the “follow to join” option after they graduate.
.
.
➣ Custody/court issues
If there are pending court/custody issues with the minors, they need to be finalized/cleared before being issued a K2 visa. Depending on the country, travel may be prohibited without the consent from both parents. If you’re confident the legal issues will be resolved before the 1 year expiration, then you can opt for the “follow to join”. You must be sure that minor children are allowed to travel internationally.
.
➣ Other obligations or issues
Other things may prevent/delay travel (medical treatment, economic issues, social issues, etc.). Every case is unique.
.
Again, the option exists if you feel 6 months won’t be enough. And I would recommend against the “follow to join”, if possible. Besides carrying some risk, it means your family will be separated temporarily.
.
Requirements for a K2 Visa “follow to join”
To be eligible for a “follow to join”, you must also be eligible for the K2 visa. The main criteria are for the children of K1 visa parents to be unmarried and remain under 21 years old.
.
Parent with a K1 visa
This should go without saying, but, the fiance(e) K1 visa parent must be approved before the K2 visa children can become qualified for a visa. The K2 children draw their eligibility from an approved K1 fiance(e) visa parent. Children can still apply for a K2 visa even after their K1 parent has married to the US Citizen and filed for an Adjustment of Status (AOS). As long as all the other requirements are fulfilled.
Eligible for a K2 Visa
The same criteria apply to K2 applicants as they do to K1 applicants. They go through medical exams, police clearance, interview, etc. Children must be under 21 years old when the K2 visa is issued and still unmarried. Having an interview or not is dependent on the consulate’s procedures. If an interview is required, it may be at the same time as K1 parent or perhaps later (if child applies afterward). The Embassy will inform about the requirements.
.
Time limit is 1 year
The time limit to follow up and actually file for a K2 visa must be within 1 year after a K1 parent gets their visa. This means you must initiate the medical exam, interview, filing, fees, etc. ahead of time before the expiration date so that you don’t miss the 1-year mark. The K2 visa must be issued before the 1 year expiration date!
.
Children permitted to travel
If there are any outstanding court/custody issues, they must be cleared to travel overseas. Usually this means the other biological parent must agree in writing. You must make sure with the Embassy that you have whatever they require to prove eligibility. You may need to get a court order proving you’re allowed to take the children. Again, this all depends on the Consulate’s requirements.
.
Steps to complete your “follow to join”
The following are the major steps in using the “follow to join” to apply for a K2 visa. Realize that all cases are unique and will have slightly different timelines, requirements and situations.
.
Declare intention to “follow to join”
Either during filing the DS-160 or at the K1 visa interview, you must communicate your intentions to have a “follow to join” for your K2 children. You may still be able to apply for a K2 even if you didn’t inform the Embassy, but be prepared to face lot’s of scrutiny and resistance. Your documentation and relationship to the K1 parent will be carefully reviewed if you weren’t on the original petition.
.
Contact Embassy/NVC
When you’re ready to file for a K2, you must first contact the embassy or the NVC and ask for directions. You inform them of your eligibility to file from an approved K1 visa parent. The Consulate will direct you on what to do and what paperwork to submit.
.
Medical exam, police clearance, etc
Among the things you will need to submit are what’s normally required during a K1 visa case. This step may be done prior and may still be valid if it was done with the K1 visa parent (assuming the results are not expired). Again, confirm with the proper embassy authorities.
.
Interview
An interview is typically required for all intending immigrants. Waivers are sometimes granted with the consulate’s discretion. In general, the requirements are similar to the K1 visa interview. An approval will grant the visa shortly.
..
K2 Visa “follow to join” Interview questions
The questions to expect from a “follow to join” K2 visa interview are similar to those from the routine K2 visa interview. Examples of the usual questions are: do you know who your parent is going to marry? Have you met him/her? The “follow to join” situation may require the Consular office to ask, “why did you stay behind?”
Remember, regardless of “follow to join” or not, the K2 visa applicant still has to go through the same procedures as a K1.
.
Cost implications for K2 “follow to Join”
It’s necessary to understand some of the cost implications you’ll face if you decide to “follow to join” with children after your successful K1 visa. The following are meant to educate you (not discourage) so you can make an informed decision.
There are certain expenses that must be paid regardless of if you apply for a K2 visa along with a K1 fiance(e) visa, or if you decide to have a “follow to join”. Aside from those, the following may be additional:
.
1. Supervision
If you leave children behind, they may need additional supervision and/or allowances while back in the home country. Someone needs to care for them while you’re away.
.
2. Travel/Interview/misc
The children may incur additional costs, stops and travel expenses to get a medical exam, interview, police clearance, etc. that you otherwise would’ve done together. You’ll be spending extra money on things you could’ve done together.
.
3. Adjustment of Status filing fee
If filed jointly, the filing fee for the I-485 (Green Card) is waived for additional members. If children join parents in the US later, then they will have to file separately and pay the appropriate fees.
.
K2 Visa “follow to join” potential problems
Complications can arise in your petition process. The following are some things you must be aware of so that you can prevent problems:
.
1. Custody issues with the divorced parent can delay the process (or stop it altogether) if it’s not resolved. You need to prove to the satisfaction of the Embassy that your kids are allowed to leave the country. In some countries, even having “full custody” doesn’t allow the parent to remove the children from the country. You don’t want to be accused of parental kidnapping.
.
2. Expiration in 1 year (of K1 visa). You must apply, have medical/interview, provide all other documents, and get approved within the 1 year expiration date of the K1 visa. Don’t underestimate the time it’ll take you to complete the application, interview, and medical process.
.
3. Children aging to 21. Sometimes the children may turn 21 or close enough for it to be risky. You must urge the Embassy to process your case quickly if your children might be at risk of being over the age limit and being ineligible (known as “aging out”). In most cases, they will be willing to work with you to expedite the process.
.
4. Children not listed in I-129F. If you didn’t list the children in the I-129F as “children of fiance(e)”, then it might present a problem when you apply for a K2 visa. You will need to contact the US Embassy to ask for directions. You may still apply for a K2 visa but the Embassy will question why you didn’t include them in the original petition. They might ask for further documentation to prove you are indeed the parent. Normally, children will be capable of applying for the K2, but not without heavy review.
.
Your other options
Despite all your efforts and good intentions, what if you’re too late to get the K2 visa issued before the expiration date? Or before being ineligible?
The sponsoring US citizen would need to apply the I-130 Petition for Immediate Relative. Once both the US citizen and K1 parent are married, the child becomes a stepchild. They’re eligible as an immediate relative to the US citizen parent.
.
.
There are 39 comments so far
Leave a Comment
Don't worry. We never use your email for spam.
Hi, I’m Prem…
Let me show YOU how to confidently get the Fiance Visa and Green Card on your own without expensive legal help.
Join 2,200+ active couples in my free email list already getting direct personal help.
[.Please note: nothing on this website shall be considered legal advice]
October 13, 2020 at 2:51 pm on I-129F Evidence of MeetingHello Fallon and thanks for your message. In order to make your packet look better...[click to read more]- October 8, 2020 at 4:14 pm on I-129F Evidence of MeetingHello, for the photo evidence is it okay to send actually photos if I have...[click to read more]
- September 4, 2020 at 1:08 am on Fiance Visa affected by the Public Charge InjunctionHello Anis. We appreciate your writing in. As of August 28, the US Embassies around...[click to read more]
Visa Tutor LLC (R) company is an accredited BBB and bonded Immigration Assistance Provider.
Hi Prem,
This is Jan again. The situation is my daughter was born outside the US before i became a citizen and was left with my fiance abroad. I am aware that in order for her to become eligible for citizenship I must file I130 as immediate relative and once she gets to the US then she could get her citizenship through me. but now her I130 petition is still pending and her dad’s (my fiancé) petition has been approved already I am wondering what our option would be in order for her to come with his father(my fiance) at the same time. Thank you.
Hello,
I filed for I130 for my 3 year old daughter and I129f for her biological father(my fiance) at the same time. We got the approval of the I129f but not the I130 yet. Can our minor daughter be given a visa to come with her father with her I130 petition still pending? our daughter’s name was listed on the i129f petition. I am just so worried because my fiance was the sole caretaker of our child and there is no one to leave our daughter to. Please let us know what to do.
Hello Jan,
You should look into, first and foremost, to see if your child is eligible for US citizenship (if she’s your biological child). Please see here: https://www.visatutor.com/childs-born-during-the-k-1-visa-process-crba/
Secondly, if you applied for the I-130, then she must be an immediate relative and thus cannot be petitioned for the I-129F for a K2 visa.
The CRBA process is relatively quick and if you plan it accordingly, she can be approved along with your fiance.
-Prem
HI Prem,
Thank you for providing this wealth of information for all who are or will be working through this process for K-1 and K-2 Visa.
My question is, my fiance has a 6 years old child, I have not reviewed the child custody agreement, but so far, the child’s father will not consent to his son coming with my fiance on the K-1 Visa. There is a strong possibility that he will in the future, if i recall, she mentioned he may consent in a few years. I believe he is worried he may not see him or he may look at me favorably more than him, also his family side, i’m sure would like to see their grand child. They are divorced. Would this raise any red flags for her during her interview or in any process of the K-1 if she files this alone without her child? We will add her son to the l-129F form, but we will not do a K-2 unless it’s necessary. I did look into the “following to Join” but we highly doubt we will have consent from the father within one years time period. We’re hoping within 2-3 years, he will consent. Afterwards, i believe we will need to file for relative, as he will become my step-son. I am just worried the consulate or immigration officer conducting the interview will question her moral character as a mother, and that she has left her son. Also, the son is going to school. In-addition to this, she is 10 weeks in with my child. I will be a Father!!! I’m pretty stressed over this process, but i know once i submit my l-129F in February, it should alleviate some of it. I’m just concern for red flags on her. An immigration consultant said she should file with her son to come or they will question her since it’s a red flag on her as being a mother. IMO, she’s how a mother should be, I watched her raise him since he was 10 months, but due to the current circumstances, we do not have consent to bring the child. Will i need to request from him to sign a consent letter stating that he doesn’t not consent for his son to relocate? Thank you again.
Hi Prem,
Thank you for all your help. My husband’s k1 was approved in March and we were married in May. We are now in the process of AOS. I reached out to both the NVC and the embassy to request information on how to initiate the follow to join process. We did list his son on our I-129 and informed them that we will be bringing him at the interview.
My questions now are:
1. He is 5 years old. I am unclear about what types of questions they would ask such a small child and why the interview would be necessary. Also what types of documents would I need to provide since I’m sure we would not need a police report. 🙂
2. We have to fly to a third country since the embassy is closed in my husband’s country of origin. The issue is that I am not sure my husband’s Advance Parole would be approved before the year expiration date. He needs to be able to travel to pick up his son and take him to the third country to interview and get his medical exam. Have you heard of anyone applying for an expedite for this reason?
3. I read about the I-824 online. Is that used for the follow to join and can it be filed along with my husband’s green card application (I-485) or does that only apply to spouses? That piece was a little bit confusing.
Any information would be appreciated. Thank you!
Hello Linda,
Children may not be required to have an interview, but it all depends on the consulate/embassy in their country of origin. They do allow a K2 follow to join to attend the same interview as the K1 beneficiary, though. If a child is asked to attend an interview, questions will differ according to their ages. Simple questions such “What’s your parent’s fiancé’s name?, How many times have you met your parent’s fiancé?” could be asked. The more details the child knows about the relationship, the better. Once the know the basics of the relationship, they may pass it. As for traveling abroad to bring the child to the US, if your fiancé can’t do it because once he forwards his AOS it will take, at least, 90 days to get an AP to travel, the US petitioner could do this, instead. AP time frame is sort of unpredictable, let’s say.
The I-824 is not required for k visas as far as I know. The consulate have their own procedures. You have to follow whatever the Embassy/Consulate requires you to do.
-Cris (Visa Tutor Team)
Thank you for a such resourceful website.
I tried everywhere find the answer on my question. Could not. just some of it.
This is regarding K2 visa who is 1 month short of being 21. We already got K1 and K2 visa. just waiting for the documents to arrive.
we have very limited amount of time .
Because of the time , we might not get married after he turns 21
the question is:
1. Can K2 aplicant do adjustment status after he turns 21 , if we get married after he is 21.?
thats is my main concern
thanks
Hello Elain,
It is a very tight window, but if you can get to the US within the 1 month and get married before your child turns 21, you may be able to use the CSPA for K-2 children to apply for a Legal permanent residency for the child. I’m not the expert in this matter. But I suggest you look into the CSPA here https://www.uscis.gov/greencard/child-status-protection-act for more. Please let us know what you find.
-Prem
K2 follow to join’s must enter the US within 1 year of the K1 visa issuance, not just have an approved K2 Visa.
Is that not correct? All my sources say yes.
Hello Amanda,
As far as I know, only the approval must happen within the 1 year. I’m not sure if you’re supposed to enter the US within the year. I don’t think that’s accurate. Remember, K visas are usually valid for 3-6 months (depending). So, if you’re approved within the year, it’s possible to technically enter farther out.
-Prem
Hi. I’m K1 Visa when I come to U.S. I have 1 daughter she’s 19 years old when I get married . She’s in the Philippines we apply K2 Visa follow to join but she denied because my K1 Visa was expired of 1 month delayed before she go to interview. We didn’t know that’s expired my K1 before she get interview appointment. How can I get my daughter she’s turning 20this year any idea or form I need to to do or to file to bring her in U.S? I got my green card last January. I’m still not u.s citizens. How can We petition my daughter so that she can live with me . She’s my only child she live by herself alone in the Philippines.Please help me.
Hi Prem, thank you so much for all of the information on your website and congratulations on having the most comprehensive K-1 online resource out there. I do have a question regarding the K-2 process. My I-129F petition (which included my fiancée’s 20 year old daughter) was approved a few months ago and my fiancée entered the US with a K-1 visa last month. When she filled out the DS-160 application she stated that her daughter would not be coming to the US under “following to join” and during her interview she also stated that her daughter would not be joining us at a later date here in the US. My fiancées daughter is 20 years and 2 months old and has changed her mind and would like to come to the US and join us. It’s only been a little over a month since my fiancée was approved for the K-1 visa. We got married a few days ago. Can her daughter fill out a DS-160 and schedule an interview for a K-2 visa at the Consulate in her home country even though they didn’t check the follow to join option? Thank you so much for your time!
Hey Manual,
That’s a very good question, and I’m afraid I don’t know if I have the perfect answer. However, to me it seems the Embassy is receptive to children applying for a K-2 visa (or following to join) regardless of what was stated in the I-129F or DS-160. That’s just my experience. I suggest you give it a shot and apply for a K-2 visa using the “following to join” eligibility. Contact the Embassy directly and ask them if they’ll allow it.
In my experience, they will especially because your K-1 visa is recently issued (less than 6 months). However, they’ll be the judge of it. In any case, if they do then your daughter will have to go through the normal routine: medical exam, police clearance, etc.
-Prem
Hi,
I have a child that is not my biological daughter not even my adopted daughter and my fiance apply for k1 and k2 visas ,we got approved in the USCIS,and NVC,now our papers is in the embassy ready for interview,What should we do to make it right so we can bring the child with us legally.What documents we need to show the CO?Thank you so much for your help!!!
hi Maria,
If the child is not your biological nor adopted… then I’m afraid he/she many not count as a child. Who are the legal parents/guardians? do you have custody of the child? Without legal authority/guardianship of this child, you cannot remove him/her from your country. Let me know what the legal situation is with the child’s custody.
-Prem
Hi ,
I want to find out if I can apply for K1 and K2 (for my newborn) at the same time since my newborn was not listed on the petition because I was pregnant. If yes how do i go about it.Do i have to schedule a separate interview appointment or or one for both of us.
Hello Ama,
If the newborn is the child of the US citizen fiance, then the child doesn’t need a K2 visa. You can get a CRBA during the K visa process so the child can claim US citizenship.
If the newborn is not the child of the US citizen fiance, then you must get a K2 visa for the child. You will list the child in your visa application, pay visa fees, and perform medical exam. The consulate will allow you to add dependents onto your application when you submit it. You two will have the same interview on the same date.
Also note that if the child is not a biological child of the US citizens fiance, you must get permission (or custody) or whatever is required by your country to prove that you can remove the child from the country permanently.
Is this clear, Ama?
-Prem
Hi i came here in the U.S last dec.2017 on a K1 visa from UAE. I left my 2 minor children with my family who are studying there in the UAE so we decided to let them finish their school before they will come over here in the United States. Last july,7 we file a ds-160 form for each child under the K2 visa application. My question is what are the next steps. Note that both children were included on the I-129F form. Everytime we check the case status in the CEAC site it only shows ‘No Status’.
What should we do? Should we wait for a letter or an email? Should we schedule an appointment? Its very confusing. Please advise. Thank u very much.
Hello KD,
You didn’t do anything wrong. You followed all the steps properly. Your children are eligible for K2 follow to join. You will simply have to contact the Embassy and ask them how to proceed. They will most likely tell you submit an application and schedule an appointment. You will most likely have to do their medical exam and get Police Certificates fresh in order to prepare. But your first step is to let the Embassy know you’re ready to begin.
-Prem
Hi there! During the one-year period when the child is waiting to move to the US, is he/she able to visit the US on a tourist visa? Thank you!
Hello Jessica,
Interesting question. I would assume yes. Since you haven’t yet applied for the K-2 nor are you in processing, it should not affect any applications for B1/B2 visas. Keep in mind, you have to initiate the “following to join” option. It will not come automatically. When the K-2 child is ready, you have to contact the Embassy to let them know that you’re ready to start the K-2 follow to join. If you research and find out more about this topic, let us know!
-Prem
Hi! I’m so confused right now! My mom is a K1 Visa. A K1 Fiance(e) visa parent normally applies for a K1 and a K2 visa so children may emigrate together. Children derive their eligibility based on an approved K1 parent. They go through the DS-160 application, medical exam, interview, etc. and also arrive in the US together. My mom been here 2years and a half almost! and my sister and I been 1year and 3months here! They said I’m at risk because I’m gonna be 21 this coming nov.24! Children aging to 21. Sometimes the children may turn 21 or close enough for it to be risky. You must urge the Embassy to process your case quickly if your children might be at risk of being over the age limit and being ineligible (known as “aging out”). In most cases, they will be willing to work with you to expedite the process. And can I file my own green card by myself if ever? thank you!
Hello Almira,
Thanks for reaching out. I believe you’re confusing two different matters. The part that you’re quoting — about aging out and getting your case expedited — only applies to getting a visa. It doesn’t apply to your Adjustment of Status (I-485).
K-2 children are generally protected from aging out if they are admitted to the US before their 21st birthday and their K-1 parent gets married. You seem to have done all of that. I don’t think you have an issue with your Adjustment of status (Green Card). You can read more here
https://www.uscis.gov/greencard/child-status-protection-act
Read the part about K-2 children and CSPA. Hope this helps, let me know if you have further questions.
-Prem
hi, i hope you could help me my concern how to contact the philippine embassy? i already paid the ds.160 for my childrehelp men do i need to under go for medical? or interview first? thank you please
Hello sheryl,
Your K-1 visa instructions (you got in the mail or email) will have clear instructions on how they want you to prepare. Most likely, they ask you to perform the medical exam at St Lukes 1-3 weeks before the interview. Which stage are you in and when is the interview?
-Prem
Hi,
I hope you can help me out. I arrived on a K-1 Visa in Guam last June 14 2016. My visa was issued on June 5,2017. We have already applied for adjustment of status right after our wedding on July 7, 2017. Our case for adjustment of status is still pending as of this writing. The follow to join visa for my son will expire on June 5 2018. My husband and I are worried that my adjustment of status won’t be approved by then. We haven’t received anything after my interview last October 12. Further, my son is just 3 years old turning 4. I wasn’t married to my son’s father. However, his father’s name is on his birth certificate. I don’t have contact with my son’s father anymore. Will I still be needing a consent letter from my son’s father? Will it be a problem if I don’t have it?What are the other things I need to consider to bring my son here?
Hello Cah,
As long as you got married to your sponsoring fiance in your K1 visa, it means your son is eligible for a K-2 visa within the 1-year limit of your approved K-1. In other words, your son can apply for a k2 visa because you fulfilled the requirement of marrying the US citizen under a k1 visa. You should contact the US Embassy in your home country and let them know you’re ready to process your son’s application. They will direct you on how to proceed. Most likely, you’ll fill out the DS-160, medical exam and set up an interview.
Now the issue about the custody of the child is important. You must be able to prove to the US Embassy that you have full rights to take your son out of the country. It’s okay if you don’t know the whereabouts of his father. However, you must get some court notice approving your custody rights. You have roughly 6 months to get this done before the following-to-join limit is over. Depending on how long it takes to get the right paperwork, you may need to be quick about it. How long do you feel the custody court issue will linger?
-Prem
Hi,
I am really confused and upset and would sure appreciate some direction or advice. My situation is this….I came to the USA on a K-1 visa, my husband and I were married within 90 days, I am now a green card holder. I have a minor child who lives in Canada, I named her on my K-1 Visa as child to follow, but she was only 11 years old and was not ready to leave her friends, school, father….etc so I let her wait to make the decision on her own to come. We missed the 1 year timelimit for the K-2 visa, my child wants to come live with me now. My husband thought that it meant that I as the Legal Permanent Resident needed to file a new I-130 to bring my child, so I did, we paid the fee, we filed it, its been 8 months and it is still pending approval. We just found out that because my husband and I are still married and since it has been over 2 years since we were married and because my child was 11 years old when we were married and was under the age of 18 when we were married and because my child is still under the age of 21 now then my husband should have filed the I-130 to bring his unmarried minor stepchild, under the age of 21 to the USA. My question is this……Can my husband file a US Citizen form I-130 with my LPR I-130 pending? And also, what is the next step if my husbands I-130 is approved? What visa will we need to apply for to bring my daughter to the USA? She still lives in Canada. I know that NVC will notify us, but I am curious what the type of Visa will be if my husbands I-130 is approved? Some people have told me that we would need to apply for a K-4 visa but then others say that these a no longer granted. Some people have told me that we would need to apply for a IR-2 Visa but my husband is not adopting my daughter. Other people have said that we would need to apply for a CR-2 Visa but that is based on me having a CR-1 which I do not. Can you tell me what the next step would be if my Husband files a I-130 and what type of visa we would file for if the I-130 is approved? Also my husband named my child on the form I-129F when he filed it for me and my K-1 visa. Just in case that makes a difference I thought I would mention it. Finally do I cancel the LPR Form I-130 that I filed which is still pending approval? I sure would appreciate whatever help you can provide. I am so confused and so frustrated.
Hi Tanya,
That’s an interesting situation that you have. I’m sure you’re aware that your daughter isn’t eligible for the K-2 visa because you missed the mark. Neither is she eligible for a K4 visa, because YOU didn’t come to the US on a K3 visa nor did your husband file the K3 for you. So, the K4 is out of the question. In addition, the K3/K4 are being phased out and almost stalled.
I wouldn’t be too quick to have your husband file the I-130. Something tells me the processing times might be similar. But I’d have to check the visa priority dates before making that claim.
If your husband files the I-130 he would do it under the IR-2 (immediate relative) because your daughter is his stepdaughter and it’s been over 2 years since you married (hence it’s not CR-2).
It doesn’t matter if you named your daughter on the I-129F. That’s done and gone. It doesn’t matter anymore. You have to file a new petition. Your situation is complicated, I know, and you need to be cautious about canceling your I-130. What did the USCIS say in your I-797? And what did they say was the processing time?
-Prem
hello, I was kinda confused right now on what should do, my 9-year-old son arrived in the US Nov. 10, 2017, under a k-2 visa, I already adjusted my status after my husband and I got married last December 2016 and now I’m a legal Permanent Resident (conditional since it was based on marriage) since May 2017. My question is when is the best time I can file adjustment of status for my minor son considering I already have my Green Card. I was told that I can file it anytime, whenever I want as long as I file the application before my son reach 18 years old, and some told me to file it within 90 days. I hope you can help me..looking forward to your response.
Thank you
Hello Susan,
That’s a very good question. And honestly, it’s something I didn’t know and had to look up.
As you know, a K-2 derivative can only follow-to-join after you’re approved. Then your child can only adjust status (i.e get a green card) once you are married to your fiance. I’m still quite a bit unsure, but to me it seems like he can file his I-485 anytime. Since you’ve already fulfilled the requirement of having to get married. I think he can file now or anytime before age 18. However, I don’t think anyone waits that long.
The 90-day limit only applies to you getting married and not how long you have before filing the I-485. In fact, I spoke to a USCIS representative about that exact question one time and he told me that there’s technically no time limit of when you have to file the Adjustment of Status I-485. I don’t know how accurate that is, but I have to believe him because I can’t find anything to challenge that otherwise.
So, my advise would be that you can file anytime. However, don’t wait too long or else he may be out of status.
-Prem
hello i am glad i found your site it helps a lot.Thank you so much.Anyway i am maria and i have a doubt about follow to join.I already paid my son’s ds 160 and mine too and my the interview will be on december 5.My question is how can i declarate my intention to follow to join?And also if he needs to go with me to do the medical exam now.Can i say my intention on the interview?at first my son would travel with me but now I am thinking that it’s gonna be better to go first and organize everything there and then back to Brazil to pick up him.Thank you so much
Hi Maria,
Thanks for stopping by and I’m glad you found this helpful.
If you already filed the DS-160 and payed the visa fee, then I suggest you email the Embassy and inform them that although you two have approved I-129F petitions, you would like to use the “following to join” option for your son. They will reply back and tell you exactly what steps you need to take. Most likely, they’ll say you can keep doing your preparations but not have to bring in your son for the interview. They may also ask you to not do his medical exam.
Yes, most parents use the K-2 follow to join to bring in their children after they adjust to their new life in the US. Just be sure it’s within 1 year of when you’re approved.
Does this help you Maria?
-Prem
First I would like to say thank you so so so so much for your help!!I have been try to send email to the embassy but the embassy email box is full and they can’t receive emails anymore.I will try to call them tomorrow morning because I am worry about it I want to fix it before my interview.
Hello Maria,
You’re welcome for the help. If the Embassy’s email is full, you should keep trying. I’m not sure how easy it is to get a hold of them on the phone. Most don’t respond. If they do, then it’s typically treated like a call center.
The best you can do is keep trying. In the worst case scenario, you will have to go into the interview alone, explain the situation, and get yourself approved first for a K-1. Your child can apply for a k-2 visa within 1 year even after you’re approved.
-Prem
Hello Prem!!! Thank you so much!!Yes it’s a very tense and stressful situation!They just received my email today and they said it will take three days to respond me .I tried to call to the Rio de Janeiro’s consulate where my interview will be and they don’t give any information about it by phone just by email.Well the good thing is that my fiance will try to go to the interview with me I think this can help right?I know it’s super complicated to get a few days off in USA but I hope he can do it.Thank you so much for your help again.Now I am trying to call to the american consulate in my city I hope that I can get more informations.Thank youuuuuu
Hello Maria,
You’re welcome. I understand the tense situation, everyone is tense the last few days before the interview. The Consulates generally don’t respond to phone calls, they prefer email.
It’ll help definitely if your fiance accompanies you to your interview. Just be sure that the Embassy policy allows him to join you.
Good luck
-Prem
If I become unable to take the follow to joiner’s within the time limit then will it effect the case?!
Nayan,
If you don’t file or get approved within the 1 year limit, your parents have to apply the I-130 petition for a relative. This is the only reasonable alternative. If you “age out” (i.e. go over the age limit) or get married, then you’re not eligible for the petition, you must file for a different category. Does this help answer your question, Nayan?