Questions about K1,K2 & I-485

[Proactiv1]

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 the 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 mention 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.

[newacct]

The kids need to be physically in the US to file I-485. The easiest is if the kids come on K2 together with her on K1. It is also possible to issue them follow-to-join K2 visas within one year of the issuance of the K1 visa. If they enter on K2s, they can file I-485.

If they cannot get K2s in time, then the alternative would be for you to petition them with I-130 after the marriage, and then they would do Consular Processing in their home country for a CR2 immigrant visa.

Your new spouse cannot leave the US while her I-485 is pending or she will automatically abandon it, unless she has been granted Advance Parole prior to her leaving. It is free to apply for EAD (with I-765) and Advance Parole (with I-131) together with the I-485, but it takes a half a year or so to get EAD/AP these days. So there will be a period of time when she will be stuck in the US.

[Proactiv1]

The kids need to be physically in the US to file I-485. The easiest is if the kids come on K2 together with her on K1. It is also possible to issue them follow-to-join K2 visas within one year of the issuance of the K1 visa. If they enter on K2s, they can file I-485.

If they cannot get K2s in time, then the alternative would be for you to petition them with I-130 after the marriage, and then they would do Consular Processing in their home country for a CR2 immigrant visa.

Your new spouse cannot leave the US while her I-485 is pending or she will automatically abandon it, unless she has been granted Advance Parole prior to her leaving. It is free to apply for EAD (with I-765) and Advance Parole (with I-131) together with the I-485, but it takes a half a year or so to get EAD/AP these days. So there will be a period of time when she will be stuck in the US.

Thanks for the response. Here are the follow-up questions and appreciate your responses:

1) When and how should I apply for K2 if I chose to go the route of bringing the kids along with my fiance? I have already applied for K1 so it should have been applied along with it or could be applied separately?

2) I saw my friends apply for I-485 to their family members residing in a different country other than the US so how is it different from applying for the I-485 for the kids not living in the US?

3) Have you been through this situation that you are talking about from your first hand experience?

[Mike E]

1. Did you list their names in the I-129F?

2. well I’d try did they are going to be disappointed

3. No. So?