Person(s) named in 14 and 19 who will follow you to the United States at a later date

[Eli the Barrowboy 16]

Hi Everyone,

Trying to gauge if anyone else has had a similar situation.

My kids are both at school so won't be joining me and my fiance when we move back to the USA.

I'd like of course for them to join us some day so now I'm looking at Question 21B of form DS-230 part 1; namely, Person(s) named in 14 and 19 who will follow you to the United States at a later date.

How much later is later? If I put them down now how long does that stand for? Do they need to come for medicals and interviews with me or do that themselves later?

Thanks.

R

Edited April 4, 2008 by Eli the Barrowboy

[Passing.star 0]

If you are planning to bring them to the US at a later date even if you don't have any fix dat yet, write their names.

No they will not go with you during your medical and interview since they are not included in the petition.

Goodluck.

[Eli the Barrowboy 16]

Thanks so much!!!

[pushbrk 12,906]

If you are planning to bring them to the US at a later date even if you don't have any fix dat yet, write their names.

No they will not go with you during your medical and interview since they are not included in the petition.

Goodluck.

Whoa! The names of the K1 beneficiary's children should have been on the petition. This gives them derivitive status for K2 visas. If they follow to join as K2, they must do so within a year. They'll do their medical and interviews later in that case.

[amalitta 0]

Well i have been in the same situation like u ..I have named my children in the petition ..mentioning that they are following me at a later date...just like you did..and for some reasons when i wanted to bring my children in the US( after few months from my arrival) the embassy replied to me that the children are not mentioned in the petition..i suggest that at the interview u should make it clear to them that this is what u want to do..

You see, i am not sure but i think the lawyer that we hired forgot to mention the children in the main petition ..the one we filed at USCIS....because i still dont understand how we end up with the situation like this..

However, we were forced to apply for a different type of visa for my children in order for them to be able to come here.

I wish u good luck...i just wanted to let u know what happend in my case ..and i hope it helps u !

Amalitta

[Eli the Barrowboy 16]

Whoa! The names of the K1 beneficiary's children should have been on the petition. This gives them derivitive status for K2 visas. If they follow to join as K2, they must do so within a year. They'll do their medical and interviews later in that case.

Hey pushbrk,

Obviously I put the names of my children on my i-129F - in the section where it ask about Names of Your Children or words to that affect. We didn't fill in G-325As for them because they won't be joining us in less than a year as they are at school and plan to go to college after that (though they might know that yet - lol).

So, for now, on Question 21B of form DS-230 part 1 should we write None and then bring them over when they are older (if they wish) by filing separate form I-130, Petition for Alien Relative at a later date?

And thanks for sharing your experience Amalitta.

R

[pushbrk 12,906]

Whoa! The names of the K1 beneficiary's children should have been on the petition. This gives them derivitive status for K2 visas. If they follow to join as K2, they must do so within a year. They'll do their medical and interviews later in that case.

Hey pushbrk,

Obviously I put the names of my children on my i-129F - in the section where it ask about Names of Your Children or words to that affect. We didn't fill in G-325As for them because they won't be joining us in less than a year as they are at school and plan to go to college after that (though they might know that yet - lol).

So, for now, on Question 21B of form DS-230 part 1 should we write None and then bring them over when they are older (if they wish) by filing separate form I-130, Petition for Alien Relative at a later date?

And thanks for sharing your experience Amalitta.

R

Yes, that would be the procedure but it will take several years to do so and then only if they remain unmarried.

[Eli the Barrowboy 16]

Yes, that would be the procedure but it will take several years to do so and then only if they remain unmarried.

Now it's my turn to say Whooooah!!!

[pushbrk 12,906]

Yes, that would be the procedure but it will take several years to do so and then only if they remain unmarried.

Now it's my turn to say Whooooah!!!

Are you saying this information comes as a surprise to you?

[Eli the Barrowboy 16]

Are you saying this information comes as a surprise to you?

Yes actually!!! That's exactly what I'm saying!!!

[Eli the Barrowboy 16]

I notice from the official USCIS figures that a US Citizen filing an i-130 to bring an unmarried child under 21 to the USA are having to wait around 14 days longer than the present batch of fiance visas for their cases to clear CSC.

Fiance Visa - September 19th 2007

Unmarried Child Under 21 - September 5th 2007

As they are going to be going to college and getting degrees we are talking at least 5 years before they come the USA - if they decide to do that at that stage. If they want to study in the USA then presumably we get them student visas.

Maybe my simple happy outlook on life will bite me in the ### one of these days though!!!

[pushbrk 12,906]

I notice from the official USCIS figures that a US Citizen filing an i-130 to bring an unmarried child under 21 to the USA are having to wait around 14 days longer than the present batch of fiance visas for their cases to clear CSC.

Fiance Visa - September 19th 2007

Unmarried Child Under 21 - September 5th 2007

As they are going to be going to college and getting degrees we are talking at least 5 years before they come the USA - if they decide to do that at that stage. If they want to study in the USA then presumably we get them student visas.

Maybe my simple happy outlook on life will bite me in the ### one of these days though!!!

You haven't mentioned the ages of your children. Since you said "after school" I interpreted that as arriving "after age 21" and most likely reaching age 18 before your marriage to a USC.

To qualify as an umarried step-child of a US Citizen, the marriage establishing that relationship must have occured before the child's 18th birthday. If they are over 21 when you file a petition, it is you, the LPR, not the USC that petitions, so you look at a different timeline.

Obviously it's going to be easier and faster to get them here before age 21, provided they qualify as step-children of USC and under 21.

Edited April 6, 2008 by pushbrk

[Eli the Barrowboy 16]

The eldest is going to be 18 the day before we marry and being male he will b harder to get in ... but he likes the place to visit but hasn't expressed any desire to live there. My daughter is 15 so she's OK.

It's really about giving them options and needless to say I'd love them to be closer than the 8,000 miles that will be between us soon.

Thanks for the heads up about the different processes.

Hoops to be jumped through and all that!!!

R

I notice from the official USCIS figures that a US Citizen filing an i-130 to bring an unmarried child under 21 to the USA are having to wait around 14 days longer than the present batch of fiance visas for their cases to clear CSC.

Fiance Visa - September 19th 2007

Unmarried Child Under 21 - September 5th 2007

As they are going to be going to college and getting degrees we are talking at least 5 years before they come the USA - if they decide to do that at that stage. If they want to study in the USA then presumably we get them student visas.

Maybe my simple happy outlook on life will bite me in the ### one of these days though!!!

You haven't mentioned the ages of your children. Since you said "after school" I interpreted that as arriving "after age 21" and most likely reaching age 18 before your marriage to a USC.

To qualify as an umarried step-child of a US Citizen, the marriage establishing that relationship must have occured before the child's 18th birthday. If they are over 21 when you file a petition, it is you, the LPR, not the USC that petitions, so you look at a different timeline.

Obviously it's going to be easier and faster to get them here before age 21, provided they qualify as step-children of USC and under 21.

[pushbrk 12,906]

The eldest is going to be 18 the day before we marry

Then if at all possible, I would move the legal marriage up by two days. Another alternative is for him to follow to join within on year of your visa issuance. That will eliminate the need to establish the step-son relationship before 18, requirement doesn't apply a K2 or K2 follow to join beneficiary.

You need to fully understand your options and limitations and make decisions accordingly.