Returning for her child

[FredC]

I have a question for those who have been through the K-1 process. At the moment Tatyana is not sure if she wants to bring her daughter with her initially or wait until after we are married to bring her over. I know that there is an amount of time after we are married that she will not be allowed to leave the US and return. Can anyone tell me on average how long this time is? Are we talking weeks or months? I would like to be able to tell Tatyana, so that she can make an informed decision......Thanks in advance to all willing to help. Fred

[ConnerVT]

Generally, it is MUCH easier if the children come along with the parent.  There are so many issues to consider in each persons case:

-- How old is the child?
-- Does she have her own international passport, or is she listed in her mother's?
-- Is her father in the picture?  Could he cause trouble about his daughter's travel?

All of these questions come in play as it could be several months between marriage (when she can file for AoS) and being able to travel back to see her child (receiving Advance Parole).  And certainly several months will take place between filing for her daughter's K-2 and the daughter traveling to the USA.

Another issue is cost.  Unless you like writing checks to the USCIS, you will be paying for everything twice.  If done at the same time, you can file the K-1 and all the K-2s together for one application fee (plus biometrics fee for each person).  And again when it is time to file Adjustment of Status.  A several hundred dollar savings.

[tfcrew]

file the K-1 and all the K-2s together

Absolutely

I know that there is an amount of time after we are married that she will not be allowed to leave the US and return

Do a search {Advance Parole}
It could also help to know the age of the daughter

[FredC]

For those who have asked Anastasia is 12. She would probably be 13 by the time we would be married. I think that her father does have limitted contact. Her paternal grandmother has more contact than her dad. Thanks for all of the information. I did not even consider the extra cost to the government.

[SMS60]

The time frame for your future wife to return safely depends on how soon you are married and apply for AOS.

You can figure approx 1.5 months to receive Advance Parole after you file for AOS. Once you are married you can file the AOS applications. In reality if you married as soon as she arrived she most likely would be able to travel back with an AP in 2 months. You receive Temp Green Card in about 3-4 months after filing , if you have no issues.

About her child..... They have a follow to join for children under 21........If they dont fly over with mom on the first trip.

As long as the child is included on the I-129F application it works like this.

1. You have 6 months to use a K-1 or 2 visa after it is handed to you.
2. The child has up to 1 year to go back to the Embassy to receive a visa if not received with moms or placed in moms passport. Then you have 6 months to use it.
3. If the child does not have his or hers own passport it will be placed in moms which means they would have to travel with mom.

In a nutshell if the child is old enough to have her own international passport you could stretch this out by about 1.5 years after moms visa is issued.

Also keep in mind the age. You don't want a child to age out. (over 21). Child must not be married.

Dad will have to sign off on this.

Please research this!!!!..... Before you act.