urgent sons follow-to join got denied

[mark n jess 0]

Anyone pls help! i came here in the US as K1 visa. my 2 sons supposedly will follow to join me within 1 year since i got my visa last Dec 7,2007. They had their interview scheduled Dec. 2,2008 but was moved to Dec.12, 2008 by the St Lukes medical because of my youngest son's vaccination allergy. We told St.Lukes that they have to appear on Dec.2, because we have to catch the date before 1 year of my stay laps, and they said it would be just fine coz they are connected to the US embassy anyway, but my sons were denied by the consulate and the reason was exceed of time. What is this ? on the first place the original schedule was Dec. 2 but still they denied them and said to just apply again for a petition for a relative alien. It doesnt make sense at all when they are my sons and they r already 14 and 16 years old. I really dont understand why they have to deny my sons. Is there a way a can ask for a help for this ? another question, i heard that if i become a US citizen my sons are automatically US citizen if under the age of 18 and dont need visa application . ?? is this true? please i need ur advice...thanks jessica

[john_and_marlene 162]

Anyone pls help! i came here in the US as K1 visa. my 2 sons supposedly will follow to join me within 1 year since i got my visa last Dec 7,2007. They had their interview scheduled Dec. 2,2008 but was moved to Dec.12, 2008 by the St Lukes medical because of my youngest son's vaccination allergy. We told St.Lukes that they have to appear on Dec.2, because we have to catch the date before 1 year of my stay laps, and they said it would be just fine coz they are connected to the US embassy anyway, but my sons were denied by the consulate and the reason was exceed of time. What is this ? on the first place the original schedule was Dec. 2 but still they denied them and said to just apply again for a petition for a relative alien. It doesnt make sense at all when they are my sons and they r already 14 and 16 years old. I really dont understand why they have to deny my sons. Is there a way a can ask for a help for this ? another question, i heard that if i become a US citizen my sons are automatically US citizen if under the age of 18 and dont need visa application . ?? is this true? please i need ur advice...thanks jessica

The consulate has no discretion on the 1 year follow to join limit. It is set by statute and they cannot issue a visa based on your K1 after the 1 year. Your husband will have to petition them as immediate relatives (stepsons).

[mark n jess 0]

Anyone pls help! i came here in the US as K1 visa. my 2 sons supposedly will follow to join me within 1 year since i got my visa last Dec 7,2007. They had their interview scheduled Dec. 2,2008 but was moved to Dec.12, 2008 by the St Lukes medical because of my youngest son's vaccination allergy. We told St.Lukes that they have to appear on Dec.2, because we have to catch the date before 1 year of my stay laps, and they said it would be just fine coz they are connected to the US embassy anyway, but my sons were denied by the consulate and the reason was exceed of time. What is this ? on the first place the original schedule was Dec. 2 but still they denied them and said to just apply again for a petition for a relative alien. It doesnt make sense at all when they are my sons and they r already 14 and 16 years old. I really dont understand why they have to deny my sons. Is there a way a can ask for a help for this ? another question, i heard that if i become a US citizen my sons are automatically US citizen if under the age of 18 and dont need visa application . ?? is this true? please i need ur advice...thanks jessica

The consulate has no discretion on the 1 year follow to join limit. It is set by statute and they cannot issue a visa based on your K1 after the 1 year. Your husband will have to petition them as immediate relatives (stepsons).

what is this petition as step sons that my husband has to do? how are we going to do it? does myhusband needs to live with my sons before he can apply for the petition? how long does it takes to get approve? thanks for ur advice

[payxibka 10,045]

what is this petition as step sons that my husband has to do? how are we going to do it? does myhusband needs to live with my sons before he can apply for the petition? how long does it takes to get approve? thanks for ur advice

I-130 can be submitted by the USC "stepfather" as long as the stepchild relation occured before the age of 18.

No, they do not have had to live in the same household in order to petition

It may take a year for the process to complete....

[nbfsb 1]

your husband can petition your children under IR2-child of USC. my cousin was petitioned by her step mother. no need for your husband to live with your children. but in the USEM when my cousin was inetrviewed they asked for the pictures of her together with step mom who had her vacation here. maybe as a proof that there is a communication between the two.

[mark n jess 0]

your husband can petition your children under IR2-child of USC. my cousin was petitioned by her step mother. no need for your husband to live with your children. but in the USEM when my cousin was inetrviewed they asked for the pictures of her together with step mom who had her vacation here. maybe as a proof that there is a communication between the two.

Thank you so much for ur enlightenment. One more question, what are the requirements or forms and where will i be able to get these forms, is there a website that i could read to download the forms? what are the papers that my husband needs to send along with the I-130? Is this process 100% guaranteed that they will not be denied if the papers are complete? sorry im just down and i got phobia in denials at USEM . I was denied twice too with my tourist visa before. how sure is this "stepsons" process compared to me filing for them, im the mom and a permanent resident but i know if i do it would take 4-5 years and my eldest so would be 22 but that time. so is this stepson process is really sure? thank u so much for sharing your knowledge about this coz i dont really know anything about this . God bless you!

[payxibka 10,045]

Thank you so much for ur enlightenment. One more question, what are the requirements or forms and where will i be able to get these forms, is there a website that i could read to download the forms? what are the papers that my husband needs to send along with the I-130? Is this process 100% guaranteed that they will not be denied if the papers are complete? sorry im just down and i got phobia in denials at USEM . I was denied twice too with my tourist visa before. how sure is this "stepsons" process compared to me filing for them, im the mom and a permanent resident but i know if i do it would take 4-5 years and my eldest so would be 22 but that time. so is this stepson process is really sure? thank u so much for sharing your knowledge about this coz i dont really know anything about this . God bless you!

The process would be about one year if it is the USC who petitions... much longer if the petitioner is an LPR

no process is ever 100% guaranteed... but these applications are for immigration and not tourist... a much different visa

Visa Journey has links to required forms

USCIS.gov is the official source

[angel_eyes1976 0]

your husband can petition your children under IR2-child of USC. my cousin was petitioned by her step mother. no need for your husband to live with your children. but in the USEM when my cousin was inetrviewed they asked for the pictures of her together with step mom who had her vacation here. maybe as a proof that there is a communication between the two.

Thank you so much for ur enlightenment. One more question, what are the requirements or forms and where will i be able to get these forms, is there a website that i could read to download the forms? what are the papers that my husband needs to send along with the I-130? Is this process 100% guaranteed that they will not be denied if the papers are complete? sorry im just down and i got phobia in denials at USEM . I was denied twice too with my tourist visa before. how sure is this "stepsons" process compared to me filing for them, im the mom and a permanent resident but i know if i do it would take 4-5 years and my eldest so would be 22 but that time. so is this stepson process is really sure? thank u so much for sharing your knowledge about this coz i dont really know anything about this . God bless you!

go to www.uscis.gov ... click under immigration forms and print form I-130... print also the instructions on filling up the form... the fee is $355 for each son... your husband should file the petition as he is a US citizen... it will be faster that way compared to you filing for them as an LPR... processing could take 7months ( at least it was that way for my mom)... but you can help make it a little faster if you follow the jame's shortcut (search it here on vj)... good luck...

[nbfsb 1]

its true. my cousin was given a visa already. just be sure that the marriage took place before the the children's 18th bday. you may want to visit the USCIS website and just type step children in the search box. you may want to take a look at this link http://www.uscis.gov/propub/ProPubVAP.jsp?...1f3fedf4722d245 Edited December 12, 2008 by nbfsb

[mark n jess 0]

what is this petition as step sons that my husband has to do? how are we going to do it? does myhusband needs to live with my sons before he can apply for the petition? how long does it takes to get approve? thanks for ur advice

I-130 can be submitted by the USC "stepfather" as long as the stepchild relation occured before the age of 18.

No, they do not have had to live in the same household in order to petition

It may take a year for the process to complete....

hello once again! my husband asked what is this IR2 - child of usc? does his income necessary for the application? and can i add my income too coz i have to 2 sons. how much does he need to make so he can petition my sons? thanks..thanks

[payxibka 10,045]

what is this petition as step sons that my husband has to do? how are we going to do it? does myhusband needs to live with my sons before he can apply for the petition? how long does it takes to get approve? thanks for ur advice

I-130 can be submitted by the USC "stepfather" as long as the stepchild relation occured before the age of 18.

No, they do not have had to live in the same household in order to petition

It may take a year for the process to complete....

hello once again! my husband asked what is this IR2 - child of usc? does his income necessary for the application? and can i add my income too coz i have to 2 sons. how much does he need to make so he can petition my sons? thanks..thanks

IR 2 is immediate relative (child) of a USC

The income requirement is still the 125% of poverty for the size of family

The income requirement is proven after petition approval

[mark n jess 0]

what is this petition as step sons that my husband has to do? how are we going to do it? does myhusband needs to live with my sons before he can apply for the petition? how long does it takes to get approve? thanks for ur advice

I-130 can be submitted by the USC "stepfather" as long as the stepchild relation occured before the age of 18.

No, they do not have had to live in the same household in order to petition

It may take a year for the process to complete....

hello once again! my husband asked what is this IR2 - child of usc? does his income necessary for the application? and can i add my income too coz i have to 2 sons. how much does he need to make so he can petition my sons? thanks..thanks

IR 2 is immediate relative (child) of a USC

The income requirement is still the 125% of poverty for the size of family

The income requirement is proven after petition approval

hi, im back... just so confused about my husband income. can i add my income in support to his application for my sons? im also working now and maybe i could add my income to his?...anyone who knows about this case? plsss