Roong_Rob

Sorry, this might be a little long and is crossposted to VJ.com

My fiancee went to BKK Embassy yesterday and scheduled her K-1 interview
for Jan 10, 2005 (next year, not good). They asked her and she told them
that her 3 daughters (with the derivative K-2 visas) would FOLLOW her
within 6 months.

So the lady at the Embassy tells my fiancee she can go ahead and do her
medical exam, but her daughters cannot. The medical exam is only valid
for 6 months.

NOW TO THE QUESTIONS:

1) The medical exam is valid for 6 months from when to when?

2) My fiancee had her medical exam 07 Oct 2004 in Thailand. It is more
than three months to her interview. If they grant the K-1 visa, she
has 180 days to use the visa to enter the US. She won't use it all,
but it COULD be 9 months from medical to entering US? Is this OK?

3) We want exact same thing for her daughters. Have medical exams. Go
with mother to interview to get derivative visas (K-2s). Enter the US
about 5 to 6 months after Mother's (fiancee's) K-1 visa and
daughter's K-2 visas are issued. Isn't this OK if it is OK for the
mother (fiancee) on the K-1

4) If we do not have her daughters take the medical now or before the
K-1/K-2 interview, can her daughters have just their medicals a few
months after the interview and pick up their visas?

Thanks

Jeffreyhy

    > Sorry, this might be a little long and is crossposted to VJ.com
    > My fiancee went to BKK Embassy yesterday and scheduled her K-1
    > interview for Jan 10, 2005 (next year, not good). They asked her and
    > she told them that her 3 daughters (with the derivative K-2 visas)
    > would FOLLOW her within 6 months.
    > So the lady at the Embassy tells my fiancee she can go ahead and do
    > her medical exam, but her daughters cannot. The medical exam is only
    > valid for 6 months.
    > NOW TO THE QUESTIONS:
    > 1) The medical exam is valid for 6 months from when to when?
    > 2) My fiancee had her medical exam 07 Oct 2004 in Thailand. It is more
    > than three months to her interview. If they grant the K-1 visa, she
    > has 180 days to use the visa to enter the US. She won't use it all,
    > but it COULD be 9 months from medical to entering US? Is this OK?
    > 3) We want exact same thing for her daughters. Have medical exams. Go
    > with mother to interview to get derivative visas (K-2s). Enter the
    > US about 5 to 6 months after Mother's (fiancee's) K-1 visa and
    > daughter's K-2 visas are issued. Isn't this OK if it is OK for the
    > mother (fiancee) on the K-1
    > 4) If we do not have her daughters take the medical now or before the
    > K-1/K-2 interview, can her daughters have just their medicals a few
    > months after the interview and pick up their visas?
    > Thanks

RR,

Sounds like there may have been a little mis-communication between your
wife and the consular officer. From your description of the situation,
it sounds like the consular officer thinks the children will apply for
their visas and have their interviews sometime after your wife - not
that they will apply and interview with her but travel after her. Or am
I misreading your post?

The medical report is valid for the 6-month period starting from the
date it is issued (signed and dated by the doctor). To a date that is 6
months after the date it is issued.

The medical report is a requirement for the visa to be issued, not a
requirement to travel. It doesn't matter how old the medical report is
when the children travel. It does matter that they travel before their
visas expire, and it sounds like you plan to cut it close?

I imagine that if the children go to the interview without medical exam
reports they will get 221(a) rejections (I think that's the INA
reference), which means that their applications are incomplete and that
visas cannot be approved until the deficiency is remedied. I don't
think that waiting several months to provide the missing medical reports
is a wise idea, I don't know how much time can pass before the consulate
will consider the visa applications to be abandoned.

Regards, JEff

Roong_Rob

    > RR,
    > Sounds like there may have been a little mis-communication between
    > your wife and the consular officer. From your description of the
    > situation, it sounds like the consular officer thinks the children
    > will apply for their visas and have their interviews sometime after
    > your wife - not that they will apply and interview with her but travel
    > after her. Or am I misreading your post?
    > The medical report is valid for the 6-month period starting from the
    > date it is issued (signed and dated by the doctor). To a date that is
    > 6 months after the date it is issued.
    > The medical report is a requirement for the visa to be issued, not a
    > requirement to travel. It doesn't matter how old the medical report
    > is when the children travel. It does matter that they travel before
    > their visas expire, and it sounds like you plan to cut it close?
    > I imagine that if the children go to the interview without medical
    > exam reports they will get 221(a) rejections (I think that's the INA
    > reference), which means that their applications are incomplete and
    > that visas cannot be approved until the deficiency is remedied. I
    > don't think that waiting several months to provide the missing medical
    > reports is a wise idea, I don't know how much time can pass before the
    > consulate will consider the visa applications to be abandoned.
    > Regards, JEff

I think you and I are together on this. The main question is, "The
medical exam (results) must be valid when the visa Interview takes place
and essentially the visa is issued, right?" NOT when the person with
visa in hand actually travels to the US.

The intent is that fiancee and her daughters all interview together and
all hopefully receive visas together. Fiancee will come to US about one
month after her interview. Her daughters will come to US about 5 to 6
months (I know it is close, we will make sure it is legal) after the
visas are issued to them and my fiancee.

I do not want her daughters to not have medicals going into the
interviews and then her young girls are traveling around BKK getting
medicals and trying to have K-2's issued. The worst that would happen
is to have to refile I-130's for them. That might be 8 months to 12
months approval.