PINOY PANAWAGAN – January 27, 2014

Atty Lou Tancinco answers your immigration questions on Pinoy Panawagan.

3 Comments on this post.

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  • charisse dagondon
    27 January 2014 at 7:23 pm - Reply

    Hi Atty, in line with this panawagan, I would like to request for your opinion on almost the same scenario on the issue on pinoy panawagan today. i also have a k1 visa and my 7 yo old daughter was included in the original k1 petition. i arrived in us last oct 2013 and i am going back to the phils this year of may for my daughters visa application as k2. will she be granted for that application?

    • Atty Lou Tancinco
      29 January 2014 at 9:25 am - Reply

      If you married your US citizen fiance, you are no longer a K1 visa holder and therefore your daughter may not obtain her K2 visa. She may still be petitioned as a stepchild by your US citizen spouse.

      • charisse
        7 April 2014 at 9:19 pm - Reply

        Hi Atty, I just find your information contradictory from the travel.state.gov website which says,

        “Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa.” (http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#16)

        The scenario described above provides safe assumption that the petitioned alien would’ve already married his/her fiance/fiancee. The USCIS allows the follow-to-join child within a year from visa issuance and clearly this is past the 90 days deadline for marrying the US citizen.

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