Questions about K1, K2, I-485

Proactiv1

New Member
Background & Plan:

My fiance with two minor kids lives in her country and I have applied for a K-1 visa recently and received the receipt from USCIS. I know that it's a long wait before the visa petition moves through the different stages and finally gets the visa. Our plan is once she gets the K-1 visa she will come by herself to the US and we get married here and apply for I-485 for her and her kids. Below are my questions and appreciate it if anyone here who has the relevant experience could answer my questions here. Thanks much in advance.

Questions:

1) As she will be coming by herself on the first trip on K-1 visa can I still go ahead and apply for I-485 for her kids along with hers or do the kids have to be present in the US for me to apply for them? If I cannot apply for the kids without them being in the US then what options do I have?

2) As the green card process might take a long time she might need to go back to her country after 2-3 months of stay in the US to take care of the kids till the green cards arrive. I heard that if the applicant leaves the US the applicant's I-485 will be terminated as USCIS will deem the I-485 application is abandoned. What is that I need to do here in such a way that she can travel back to her country and still have the I-485 in motion?

3) In connection with my question in #2 above someone suggested applying for advance parole so that she can travel back to her country. Is that true? If it is true then when I receive the green cards for her and the kids (hoping that I can apply for kids green cards along with her without them being in the US) can I courier them to her country so that she can come back to the US along with the kids?

4) To avoid all the above complications if she plans to come along with the kids on the first trip do I need to apply for K-2 visas for the minor kids now or based on her K-1 visa (kids details are mentioned in it) she just needs to fill up DS-160 forms for each of the kids before the interview to get the K-2 visas?

I apologize for the long questions but I want to make sure that I do the right thing and not mess up the entire situation. Please answer in the same order so it wouldn't add up to the confusion I'm already in :). Thanks much in advance.
 

SusieQQQ

Well-Known Member
The easiest solution is going to be to just have the kids come with her.

1. No, you cannot apply for i485 for anyone who is not physically present in the US.
2. Yes, the i485 adjustment application will be abandoned if she leaves the US without an approved advance parole document. Average processing time for advance parole this fiscal year to date is 7.7 months. Some people have reported much longer wait times. The chances she gets AP approved after 2-3 months are pretty close to zero.
3. See both answers above. Again, the kids do not qualify to get green cards if they have not physically been in the US yet.
4. For my own ease in answering i have just extracted two FAQs for you from the DoS page on K1s that appear pertinent to your question https://travel.state.gov/content/tr...on/nonimmigrant-visa-for-a-fiance-k-1.html#15


Does My U.S. Citizen Fiancé(e) Need to File Separate Petitions for My Children?

No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen fiancé(e) filed on your behalf, but your U.S. citizen fiancé(e) must list the children on the petition. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.
After your marriage, your children will need to file separately from you for adjustment of status. They cannot be included on your application for adjustment of status. More information about adjustment of status is available on USCIS’s website under Green Card (Permanent Residence).
Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18.

Are My Children Required to Travel with Me?

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. 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.
 

Proactiv1

New Member
Thanks much. Here are my follow up questions and appreciate it if you could clarify:

1) Regarding question# 1 above I see my friends apply I-485 for their family members living in a different country so is the process different if I go through K-1 visa and apply for I-485?

2) Regarding question# 4 above I went through the link and read it through. From the text at this link where it says -

Does My U.S. Citizen Fiancé(e) Need to File Separate Petitions for My Children?



No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen fiancé(e) filed on your behalf, but your U.S. citizen fiancé(e) must list the children on the petition.
Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.

Mainly looking at the Red font text above when is that I can apply for the K-2 visa for the kids? I mean after I get the K-1 visa approval letter from the NVC or after getting the K-1 visa stamped in my fiance's passport? Whenever I'll apply for K-2 visas for the kids do I need to apply to the USCIS where I applied for K-1 or at the US Embassy in my fiance's country? Appreciate your response. Thanks!
 

SusieQQQ

Well-Known Member
I see my friends apply I-485 for their family members living in a different country
Can’t happen. I485 is for people already in the US. It is only for adjusting status within the US, you have to be in the US to do so. Maybe you are getting confused with them filing i130?

from the i485 instructions https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf
you must be physically present in the United States to file this application
(Note that unlike a i129 or i130 which is the petition for someone filed by the USC or LPR,, the i485 is filed by the actual beneficiary of the petition. So the “you” in the instruction is the person seeking to adjust status.)
 
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SusieQQQ

Well-Known Member
Your eligible children may apply for K-2 visas based on the approval of Form I-129F,
This means once the form is approved at uscis you can also fill in ds160s for the kids, in my understanding. They should be able to interview with your wife.
 

Proactiv1

New Member
Ok, thanks got it. So, I do not know what application/process he filed/went through to apply for a green card to bring his mother to the US.
 
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