Can K-2 Stay Behind to Finish School and Enter Later?

[rkn777]

Question:
My gf has an 18 year old daughter who is finishing the second year of nursing school in a four year program.   If fiance enters as k-1 and gets married within 90 days, how much time does the k-2 have before they must enter the USA?   She wants to stay behind and finish school since she is halfway done, but also would like to have the opportunity to enter the USA.    (And although I have made several trips to the FSU, this is concerning a Philippine mother/daughter).

I  think the answer is 12 months.   But  what about for a college student like this?  If she enters within the time frame, but after marriage,  how long does she have to stay in the USA before she could return to finish school?   A  couple weeks?   Months?   Years?? 

Thank-you for your answers.

One other question, a few of you old timers may remember my Vinnitsa disaster 5 years ago where I filed a k-1 but withdrew the request.  No  interview took place, visa was never issued, I wrote and withdrew the request.   On the 129F   it asks about prior k-1 visa applications.    Is this something I need to put down?

And to the old timers who may remember me, "HI!,  Hope all is well!"


---  Richard

[William3rd]

K is the only way that this 18 year old has to emigrate based on the step relation.

up to one year under the k2. The student status is irrelevent.

I would bring daughter over and process the K2 for AOS. Then use a parole document for daughter to go abroad, returning on time for her USCIS interview. Then she could get a reentry permit for the 2 remaining years.

Her schedule may not match the USCIS schedule exactly but. . . .

Yes- you disclose all prior applications-approved or not.

[Blues Fairy]

If she is to relocate eventually, why would she need a Russian nursing degree?? 

[ScottinCrimea]

BF, You missed the part where he said that this related to someone from the Phillipines, so the nursing dgree would be from there, not Russia.  Because there is a nursing shortage in the US, they have allowed numerous nurses from the Phillipines to come to the US to work.  In fact, they gave them priority treatment in regard to immigration visas.  One negative result of that was that many "schools of nursing" opened up in the Phillipines granting questionable nursing degrees with the sole purpose of providing an easy route to US immigration.  While I worked with many excellent Phillipina nurses, I also worked with some of those with questionable degrees and they were dangerous.

[rkn777]

Thank-you for reading this and answering.    Let's just assume she will be a fine nurse rather than a lousy nurse, and that everyone is normal and happy, then this won't turn into a discussion of FSU vs. Asian medical training, or the quailty of nursing education on tropical islands....

So  she  can enter anytime up to a  year, and get a parole document to return and finish school?   William, you indicated she could then get a re-entery permit for the next two years.   But after that what happens?    She  will have to return?     Now obviously it would be quite easy for her to do that as a RN, but  what do you think is the best way to handle this.   

She and my GF didn't know it was an option for her to come on a k-2 at age 18, and so the plan was for her to stay behind and finish school, and she is an adult and may want to stay in Phil, go to Europe or Australia or whatever...    But  since she has an opportunity to come as a k-2  I  think it should be filed that way, so she doesn't miss an opportunity tha she may or may not want to take advantage of.

Also,  when filing the 129f,  will I need 50x50 pictures and copies of birth certificates for the K-2, and what about the g-325a for the k-2?   Or  is all that is required a picture and bio info for the k-1?  I  have pictures and g-325A for the fiance, but not for the daughter.   Do I need to get them now before I file or can I file - and then - collect those documents for the daughter?  The  instructions say, pictures and g325a for the fiance, but only asks for the name of the k-2 on the 129f.   It seems the instructions for the 129f don;t really even address the k-2  documentation required.....

Again,  thank-you  for helping me sort this out.

--Richard

[William3rd]

Does she want to get residency here or not?
Mom can petition for her daughter later-7year wait if she stays unmarried- as a 2B family preference.

You are not applying for the daughter- daughter is a derivative case. She can decide if she wants to stay behind or not when the interview comes up some months down the road

[rkn777]

William,     I  think  you  have the gist of it.  She  really doens't  know what she wants, she is a student, and happy at home being a student.   I  know the daughter well,  she  is happy doing what she is doing, and likes staying in Phil. 
However, she is also smart, and recognizes that she will probaly want to do something else in life when she completes her education.   She  also  knows that with her education she will have options others do not have.   And so the plan at this point is to just keep the doors open.   7  years is a long time to wait, if this door is not opened...
I  think it really is a matter of  file now and decide later,  but I want to make sure I do it correctly now, to keep those doors  open.

[Jet]

Richard! Good to see you again!
Nothing better to add than what William3rd has already stated, but wanted to pop in and say hello.

[jj]

RK N-    Remember that if she is over 21 by the time the Adjustment of Status interview comes around the Immigration service may take the position that she ages out and will threaten to send her back unless you take it to court.  See the post in the section related to that.  My step daughter was 19 when we started our relationship, but the immigration process time can get bogged down in time.  She ages out in July, and no interview date in sight.  If I were you , I would encourage her to come her and adjust status ASAP and continue education here or go back later.  She can always pick up some necessary courses here us USA and get in the school system here, even temporarily.  good luck.jj

[Ronnie]

Richard,

It would be interesting to read your Vinnitsa disaster..is it posted here or can it be.  Each disaster story is worth more than 10 success stories as they are more educational for guys.

The upshot of your situation is that you don't have to do anything special on the Petition for Alien fiance(e)...just list all children as you are required to do anyway.  Then when the interview comes up, the child will apply for a visa along with her mom.  Still no commitment or final decision needs to be made at that point..you just have the visa fee that's spent for each.  Even when the mom come the states..  the daughter can remain undecided for a year. 

In all, you have have as much as two years from now before the daughter to keep the option open if she gets the K2.  By then she could have graduated!

My suggestion is that you investigate what the foreign nursing graduate is required to do to get a license in  your state.. i.e. pass a state board exam.  I would also look into R.N programs at the colleges in your area.  Maybe they allow transfers from foriegn institutions and will give credit for courses already passed.

Armed with the facts and fully explained, they can decide what to do.  As WmIII said the USCIS timing may not exact match up with the college year but at least they can have a general idea what they see as most feasible.

Bottom line: If you're engagement results in a good marriage, don't let the opportunity pass for the daughter to immigrate on a K-2.  Get her into the country before her visa expires, even if she needs to later return to finish up her final year by using an Advance Parole consent.

[rkn777]

Thank-you for your replies.

The Vinnitsa disaster is not over here, it was on the old RWG board....
Lots of people learned from it!  (Espacially me)
Everyones situation is different,  but  I  learned a lot.   My  current gf, is 35 (only a 7 year difference), has a college degree, owns land, has her own credit card, a little cash on hand,  speaks perfect english and is not a poor waif waiting to be rescued or looking for the first escape.
Its nice to both have kids the same age, both be able to relate to the same music/tv and historical events, and be at the same stage in life...  Dinner are enjoyable, we have no x-hubby issues since daughter is 18, not having to deal with someone wanting more kids, being able to enter life at the same stage is wonderful...   and communicating in English to do it, make it even easier.   That would probaly be a good summary of my learning expreriences. No  GCG here,  and  the best advice I ever got on the old board was "If shes really into you -  you will KNOW it"  certainly holds true in this case...