Following To Join or I-130?

[selly 0]

OOpps, Just realized that this should be in the Perm Resident section.

I'm slightly confused by what I have read on here. I arrived on a K1 Visa and at that time there was no way my son (13) was able to come with me. I am now a lawful perm resident, still on my conditional 2 year residency. He has since visited a couple of times and as he is now at the age where he needs his dad more and more, he has declared his wish to live with me in the USA. From reading the guide on here I think I can use the Following To Join route for him to come, however a couple of topics seem to refute this information. Do I complete the I-864 or the I-130? If I can use the following to join, and he applies for an immigrant visa direct to the consulate, how long with the process take?

Edited April 19, 2009 by selly

[I Miss Her 0]

OOpps, Just realized that this should be in the Perm Resident section.

I'm slightly confused by what I have read on here. I arrived on a K1 Visa and at that time there was no way my son (13) was able to come with me. I am now a lawful perm resident, still on my conditional 2 year residency. He has since visited a couple of times and as he is now at the age where he needs his dad more and more, he has declared his wish to live with me in the USA. From reading the guide on here I think I can use the Following To Join route for him to come, however a couple of topics seem to refute this information. Do I complete the I-864 or the I-130? If I can use the following to join, and he applies for an immigrant visa direct to the consulate, how long with the process take?

If your son listed on your petition may have been received K-2 status if accompanying with you. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa.

The K-2 visa has to be issued within one year from the K-1 visa issuance date, contact the US embassy/ consulate where the K-1 was issued.

[selly 0]

OOpps, Just realized that this should be in the Perm Resident section.

I'm slightly confused by what I have read on here. I arrived on a K1 Visa and at that time there was no way my son (13) was able to come with me. I am now a lawful perm resident, still on my conditional 2 year residency. He has since visited a couple of times and as he is now at the age where he needs his dad more and more, he has declared his wish to live with me in the USA. From reading the guide on here I think I can use the Following To Join route for him to come, however a couple of topics seem to refute this information. Do I complete the I-864 or the I-130? If I can use the following to join, and he applies for an immigrant visa direct to the consulate, how long with the process take?

If your son listed on your petition may have been received K-2 status if accompanying with you. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa.

The K-2 visa has to be issued within one year from the K-1 visa issuance date, contact the US embassy/ consulate where the K-1 was issued.

Thanks for the reply. Okay, as my K1 was issued in Jun 07, it looks like I need to file an I-130? Best get working on his mother as she is dead set against him coming.