Bringing my child to US

[kayle 0]

Hi,

I am pending for AOS interview and I have a question about bringing my daughter from my country. She was in my I-129F application, just one week before my K1 interview, I wrote to the Consulate informing that she will not accompany me to travel at that time.

I am now ready to bring her over. Can I know what is the procedure and how should I start to apply for her? She is 11 years old.

[NArocks 13]

has it been more than a year since your K-1 was approved??

As this is more of a K-1, K-2 issue maybe you would be better off trying to post it here K-1 Forum

I'm sure some members there may be better able to help you. Good Lck

[raymaga 25]

My daughter came to the U.S. with a K-2 visa after I was already here with my K-1 visa.

You have up to one year to obtain the K-2 visa after the issuance of the K-1 visa, as long as you included your daughter on the I-129F.

I obtained my K-1 Visa on June 10, 2004, and I barely made it in the one year period, obtaining my daughter's K-2 Visa on May 26, 2005. You must have the K-2 visa in your hand within the year.

See my timeline (the "long story" in my profile) for how I went about getting my daughter's K-2. If you have any other questions, you could email the consulate where your daughter would have her K-2 interview, or I would be happy to answer any questions you might have.

Edited June 26, 2009 by raymaga

[kayle 0]

I appreciate your replies.

My K1 visa was issued on August 15, 2008, and that means I have less than 2 months. I should have checked on this matter earlier

Btw, I am planning to visit home end of August and likely to extend my stay.

[Gary and Alla 3,694]

Hi,

I am pending for AOS interview and I have a question about bringing my daughter from my country. She was in my I-129F application, just one week before my K1 interview, I wrote to the Consulate informing that she will not accompany me to travel at that time.

I am now ready to bring her over. Can I know what is the procedure and how should I start to apply for her? She is 11 years old.

It would help if yout timeline was filled in. Have you had yoiur interview? Did you get your visa? When?

Please give us the information about the timeline of your case as it is critical to giving an answer, rather than trying to cover every possible combination of situations, it is better if I know what yours is.

[Gary and Alla 3,694]

I appreciate your replies.

My K1 visa was issued on August 15, 2008, and that means I have less than 2 months. I should have checked on this matter earlier

Btw, I am planning to visit home end of August and likely to extend my stay.

OK, thank you.

Your daughter is eligible for a K-2 for up to ONE YEAR after your visa was issued. This means hers needs to be issued before August 15. Call the consulate and make an appointment for an interview, use you case number as you did for your visa. Your daughter needs a medical exam. When you go to the interview (you or the petitioner will have to attend, your daughter is optional under age 14) You will submit visa applications, just like you did, an affidavit of support, birth certificate (no police certificate required under age 16). The petitioner needs to write an "acceptance letter" accepting the child into the US. You will pay the visa fee as you did. It is basically a carbon copy of your visa application minus a few items due to age. You can schedule the appointment any time the consulate has available, so I suggest you get after it now. Waiting until your planned visit is too late, you or your husband will need to be present. You will also have to submit a copy of your marriage certificate, copy of the NOA2 approval of your K-1, and copy of your AOS filing receipt OR Green card and "Welcome Letter".

I just did one of these last week for our oldest son. No problems, but the 1 year time limit is carved in stone.

Edited June 28, 2009 by Gary and Alla

[Kwagga 0]

I appreciate your replies.

My K1 visa was issued on August 15, 2008, and that means I have less than 2 months. I should have checked on this matter earlier

Btw, I am planning to visit home end of August and likely to extend my stay.

OK, thank you.

Your daughter is eligible for a K-2 for up to ONE YEAR after your visa was issued. This means hers needs to be issued before August 15. Call the consulate and make an appointment for an interview, use you case number as you did for your visa. Your daughter needs a medical exam. When you go to the interview (you or the petitioner will have to attend, your daughter is optional under age 14) You will submit visa applications, just like you did, an affidavit of support, birth certificate (no police certificate required under age 16). The petitioner needs to write an "acceptance letter" accepting the child into the US. You will pay the visa fee as you did. It is basically a carbon copy of your visa application minus a few items due to age. You can schedule the appointment any time the consulate has available, so I suggest you get after it now. Waiting until your planned visit is too late, you or your husband will need to be present. You will also have to submit a copy of your marriage certificate, copy of the NOA2 approval of your K-1, and copy of your AOS filing receipt OR Green card and "Welcome Letter".

I just did one of these last week for our oldest son. No problems, but the 1 year time limit is carved in stone.

I was put under the misconception that the K2 had to be issued within a year of the K1 being issued and that it would be valid for 6 months (like the K1) in which to travel.

The K2 is good for issue and travel within the year.

I had a rude awakening last week when my visa was approved, and I was told we would have to go the I130 route for my son if he only intends joining us at the beginning of December 2010

[spc8000 0]

Hi,

I've trawled VJ for a solution to my issue and I hope you guys can please help me out....

I have a K1 approved application and I'm preparing the forms for my interview in London. I have a 10 year old daughter who at some point in the future may be joining me. I need to know if her K2 application has to be done now, or if I just select "to follow" on my forms, can it be applied for later (within 1 year)? Is it mandatory to complete her forms now and take with to my interview?

Also, if we do not bring her over within one year to the US and I have become a LPR, is it correct that a seperate I-130 is not required for her and I can just go to a consulate and submit an I-485 as I entered originally under a K1 fiance visa? Would normal AOS timelines apply?

Thanks

Simon

[payxibka 10,045]

Hi,

I've trawled VJ for a solution to my issue and I hope you guys can please help me out....

I have a K1 approved application and I'm preparing the forms for my interview in London. I have a 10 year old daughter who at some point in the future may be joining me. I need to know if her K2 application has to be done now, or if I just select "to follow" on my forms, can it be applied for later (within 1 year)? Is it mandatory to complete her forms now and take with to my interview?

Also, if we do not bring her over within one year to the US and I have become a LPR, is it correct that a seperate I-130 is not required for her and I can just go to a consulate and submit an I-485 as I entered originally under a K1 fiance visa? Would normal AOS timelines apply?

Thanks

Simon

If you donot exercise the 1 yr follow to join then an I-130 petition will need to be submitted (normal I-130 processing applies) you or your USC spouse could submit the petition (faster if done by the USC)... there is no such thing as going to the consulate with an I-485

Edited September 21, 2009 by payxibka

[spc8000 0]

Hi,

Thanks for your reply... sorry i meant form I-824 as shown at the bottom of the page here under "Following to Join Benefits".

Quote:

If you had children before you became a lawful permanent resident, and your children did not physically accompany you to the United States, and you would now like your children to join you in the United States, your children may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your children, and your children will not have to wait any extra time for a visa number to become available. In this case, you can simply notify a U.S. consulate that you are a lawful permanent resident so that your children can apply for immigrant visas.

Finish Quote

This text was copied from the USCIS website a while ago as there is a google cache of it, however it has been removed. The current I-130 form states a seperate application does not need to be made for a LPR's child under age 21... but there is nothing official i can find about the adjustment process of this type....

Edited September 21, 2009 by spc8000

[payxibka 10,045]

Hi,

Thanks for your reply... sorry i meant form I-824 as shown at the bottom of the page here under "Following to Join Benefits".

Quote:

If you had children before you became a lawful permanent resident, and your children did not physically accompany you to the United States, and you would now like your children to join you in the United States, your children may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your children, and your children will not have to wait any extra time for a visa number to become available. In this case, you can simply notify a U.S. consulate that you are a lawful permanent resident so that your children can apply for immigrant visas.

Finish Quote

This text was copied from the USCIS website a while ago as there is a google cache of it, however it has been removed. The current I-130 form states a seperate application does not need to be made for a LPR's child under age 21... but there is nothing official i can find about the adjustment process of this type....

True, but only if you are exercising the one year "FTJ" available to a "K" visa holders. If you are outside that one year "window" then a seperate I-130 needs be filed because "FTJ" is expired and no longer an available option.

Edited September 21, 2009 by payxibka

[NArocks 13]

And if for some reason the child does not follow within the year, as stated have your USC spouse file the I-130 should take 9-12 months after filing to have child here

[spc8000 0]

OK Thanks... so we have established the process out of the one year window.

A question from my original reply I still need help with:

Do I need to complete daughters K2 forms now or can they be submitted within a year after I use my K1 visa?

Also, if we go out of the one year window, can she still travel to the US under a tourist visa whilst the I-130 is processing?

[NArocks 13]

OK Thanks... so we have established the process out of the one year window.

A question from my original reply I still need help with:

Do I need to complete daughters K2 forms now or can they be submitted within a year after I use my K1 visa?

Also, if we go out of the one year window, can she still travel to the US under a tourist visa whilst the I-130 is processing?

K2 forms will need to be filled out and done once you have your appointment for the K2 interview. Was the child listed on the original petition?

Yes she can use her tourist visa however it may be scrutunized a little harder at POE since Mom is here is the US they may deny her entry.

[spc8000 0]

OK, so when I have MY K1 interview it is not mandatory for my daughter to have the K2 interview at the same time? (Yes, my daughter was listed on the original petition)

My fiance in the US is not my daughters mother, my daughter's mother resides in England.

Edited September 21, 2009 by spc8000