Question Regarding Petition

[arch and cel 0]

Hello…

I have a friend of mine who needs some advice for her situation right now I told her that I will discuss it into the visajourney forum because I dont have enough knowledge about the immigration procedures and policy

friend situation

Just wanna ask something…She have a 12-year old son…she and her fiance decided not to include her son for the petition (I-129f) because they would like to get to know each other first…then, after a year or 2 , that’s the time they will work for his papers… My friend question is, do you think is it a good idea? Does it affect his petition? I am waiting for your reply/ and good advice as much as possible pls....

Thanks!!!

[JimVaPhuong 4,863]

Hello…

I have a friend of mine who needs some advice for her situation right now I told her that I will discuss it into the visajourney forum because I dont have enough knowledge about the immigration procedures and policy

friend situation

Just wanna ask something…She have a 12-year old son…she and her fiance decided not to include her son for the petition (I-129f) because they would like to get to know each other first…then, after a year or 2 , that’s the time they will work for his papers… My friend question is, do you think is it a good idea? Does it affect his petition? I am waiting for your reply/ and good advice as much as possible pls....

Thanks!!!

If they include the son on the I-129F then he qualifies for derivative status with a K2 visa, but he must follow his mother to the US within a year after she goes. If they wait more than a year to bring him then he loses his derivative status. At that point, assuming she's gotten her permanent residency, she'll have to file for a family second preference (F2A) visa. Those are currently taking a little less than 5 years.

The "year or two" window isn't going to work. He's either going to have to come within the first year by including him on the I-129F and getting a K2 visa, or wait up to five years after she files for him to get a family 2A visa.

[MikenKyhen 0]

Hello…

I have a friend of mine who needs some advice for her situation right now I told her that I will discuss it into the visajourney forum because I dont have enough knowledge about the immigration procedures and policy

friend situation

Just wanna ask something…She have a 12-year old son…she and her fiance decided not to include her son for the petition (I-129f) because they would like to get to know each other first…then, after a year or 2 , that’s the time they will work for his papers… My friend question is, do you think is it a good idea? Does it affect his petition? I am waiting for your reply/ and good advice as much as possible pls....

Thanks!!!

If they include the son on the I-129F then he qualifies for derivative status with a K2 visa, but he must follow his mother to the US within a year after she goes. If they wait more than a year to bring him then he loses his derivative status. At that point, assuming she's gotten her permanent residency, she'll have to file for a family second preference (F2A) visa. Those are currently taking a little less than 5 years.

The "year or two" window isn't going to work. He's either going to have to come within the first year by including him on the I-129F and getting a K2 visa, or wait up to five years after she files for him to get a family 2A visa.

There's your answer and the best advice you will get. Better to include him on the 129 now. Good luck. Mike

[arch and cel 0]

Hello…

I have a friend of mine who needs some advice for her situation right now I told her that I will discuss it into the visajourney forum because I dont have enough knowledge about the immigration procedures and policy

friend situation

Just wanna ask something…She have a 12-year old son…she and her fiance decided not to include her son for the petition (I-129f) because they would like to get to know each other first…then, after a year or 2 , that’s the time they will work for his papers… My friend question is, do you think is it a good idea? Does it affect his petition? I am waiting for your reply/ and good advice as much as possible pls....

Thanks!!!

If they include the son on the I-129F then he qualifies for derivative status with a K2 visa, but he must follow his mother to the US within a year after she goes. If they wait more than a year to bring him then he loses his derivative status. At that point, assuming she's gotten her permanent residency, she'll have to file for a family second preference (F2A) visa. Those are currently taking a little less than 5 years.

The "year or two" window isn't going to work. He's either going to have to come within the first year by including him on the I-129F and getting a K2 visa, or wait up to five years after she files for him to get a family 2A visa.

There's your answer and the best advice you will get. Better to include him on the 129 now. Good luck. Mike

Thanks Mike

My friend is already here!

[Chica Yeyé 41]

then she will have to wait until either a visa number becomes available -5 years- or until she is a USC and can file... if the kid is under 21.

[arch and cel 0]

then she will have to wait until either a visa number becomes available -5 years- or until she is a USC and can file... if the kid is under 21.

My friend tell me that her husband is willing to petition her son (as a stepson), if her USC husband petition her son, the time processing will be the same? they will wait for 5 years you said?

Thanks Len

[JimVaPhuong 4,863]

then she will have to wait until either a visa number becomes available -5 years- or until she is a USC and can file... if the kid is under 21.

My friend tell me that her husband is willing to petition her son (as a stepson), if her USC husband petition her son, the time processing will be the same? they will wait for 5 years you said?

Thanks Len

US citizens cannot sponsor step-children. They can sponsor their own children, or orphans they adopt. A US citizen can also sponsor a fiance or spouse, and the children of the fiance or spouse (step-children) can get a visa as a derivative of their parent's visa. In the case of the K1 visa for the parent, the child would be eligible for a K2 visa.

As I said, the window of opportunity for the K2 is 1 year after the K1 visa holder comes to the US, and that presumes that the child was listed on the I-129F.

The only other way would be for the mother to get her citizenship after 3 years in the US, and then sponsor her child as an immediate relative (IR).

[NArocks 13]

then she will have to wait until either a visa number becomes available -5 years- or until she is a USC and can file... if the kid is under 21.

My friend tell me that her husband is willing to petition her son (as a stepson), if her USC husband petition her son, the time processing will be the same? they will wait for 5 years you said?

Thanks Len

US citizens cannot sponsor step-children. They can sponsor their own children, or orphans they adopt. A US citizen can also sponsor a fiance or spouse, and the children of the fiance or spouse (step-children) can get a visa as a derivative of their parent's visa. In the case of the K1 visa for the parent, the child would be eligible for a K2 visa.

As I said, the window of opportunity for the K2 is 1 year after the K1 visa holder comes to the US, and that presumes that the child was listed on the I-129F.

The only other way would be for the mother to get her citizenship after 3 years in the US, and then sponsor her child as an immediate relative (IR).

If they are married then the Husband can sponsor the Children I beg to differ. A USC Can sponsor step children if the marriage took place befefore the step child turned 18. I petioned my husbands children and it took about 10 months start to finish with one RFE and Xmas in between . As far as the child not being listed in the initial application that may pose some problems that I have no Idea about. The mom does not have to wait to receive her GC , as long as they are married the step father can send in a I-130 for the child

Edited July 6, 2009 by NArocks

[NArocks 13]

I-130 instructions I-130

If the marriage took place after the child 18 birthday the USC may not file

Ho Do I fact sheet

For example: You marry someone with a child. The child will

usually qualify as your stepchild if he or she was unmarried and

under 18 years of age at the time of your marriage. In this example,

you are required to file two petitions: one petition for your wife and

another for the child.

Edited July 6, 2009 by NArocks

[arch and cel 0]

then she will have to wait until either a visa number becomes available -5 years- or until she is a USC and can file... if the kid is under 21.

My friend tell me that her husband is willing to petition her son (as a stepson), if her USC husband petition her son, the time processing will be the same? they will wait for 5 years you said?

Thanks Len

US citizens cannot sponsor step-children. They can sponsor their own children, or orphans they adopt. A US citizen can also sponsor a fiance or spouse, and the children of the fiance or spouse (step-children) can get a visa as a derivative of their parent's visa. In the case of the K1 visa for the parent, the child would be eligible for a K2 visa.

As I said, the window of opportunity for the K2 is 1 year after the K1 visa holder comes to the US, and that presumes that the child was listed on the I-129F.

The only other way would be for the mother to get her citizenship after 3 years in the US, and then sponsor her child as an immediate relative (IR).

If they are married then the Husband can sponsor the Children I beg to differ. A USC Can sponsor step children if the marriage took place befefore the step child turned 18. I petioned my husbands children and it took about 10 months start to finish with one RFE and Xmas in between . As far as the child not being listed in the initial application that may pose some problems that I have no Idea about. The mom does not have to wait to receive her GC , as long as they are married the step father can send in a I-130 for the child

What RFE did you receive during your petition to your husband children? can you give me an example so I can explain it to my friend...

Thanks a lot for all you guys so I have an idea regarding to my friend situation, I will call her tonight!

[Chica Yeyé 41]

yep --- tell your friend to join VJ and

[NArocks 13]

What RFE did you receive during your petition to your husband children? can you give me an example so I can explain it to my friend...

Thanks a lot for all you guys so I have an idea regarding to my friend situation, I will call her tonight!

The RFE we received was at the NVC level, If the child father is alive and on the birth certificate you still must present a notorized letter stating the other parent allows the child to immigrate to the US. We got it pretty quick. There are many short cuts now that were not really around when I went through this and the one that was there I found after the fact ( James shortcuts ) Now they have LingChe shortcuts

LingChe NVC ShortCut

Edited July 6, 2009 by NArocks

[arch and cel 0]

What RFE did you receive during your petition to your husband children? can you give me an example so I can explain it to my friend...

Thanks a lot for all you guys so I have an idea regarding to my friend situation, I will call her tonight!

The RFE we received was at the NVC level, If the child father is alive and on the birth certificate you still must present a notorized letter stating the other parent allows the child to immigrate to the US. We got it pretty quick. There are many short cuts now that were not really around when I went through this and the one that was there I found after the fact ( James shortcuts ) Now they have LingChe shortcuts

LingChe NVC ShortCut

I think her son is A child born out of wedlock she was not married at the time the child was born. And she did not know where her x-boyfriend live now they have no communication at all, And i ask her did she wrote his x-bf name to his birth cerificate? she said "no" she wrote "unknown" in the blanks.... in FATHER'S NAME

[NArocks 13]

Ok then as stated have her Join Vj and then she can go into the forum of her coutry and ask the question about the child being born out of wedlock as I do nto know on this one.

What RFE did you receive during your petition to your husband children? can you give me an example so I can explain it to my friend...

Thanks a lot for all you guys so I have an idea regarding to my friend situation, I will call her tonight!

The RFE we received was at the NVC level, If the child father is alive and on the birth certificate you still must present a notorized letter stating the other parent allows the child to immigrate to the US. We got it pretty quick. There are many short cuts now that were not really around when I went through this and the one that was there I found after the fact ( James shortcuts ) Now they have LingChe shortcuts

LingChe NVC ShortCut

I think her son is A child born out of wedlock she was not married at the time the child was born. And she did not know where her x-boyfriend live now they have no communication at all, And i ask her did she wrote his x-bf name to his birth cerificate? she said "no" she wrote "unknown" in the blanks.... in FATHER'S NAME

[JimVaPhuong 4,863]

then she will have to wait until either a visa number becomes available -5 years- or until she is a USC and can file... if the kid is under 21.

My friend tell me that her husband is willing to petition her son (as a stepson), if her USC husband petition her son, the time processing will be the same? they will wait for 5 years you said?

Thanks Len

US citizens cannot sponsor step-children. They can sponsor their own children, or orphans they adopt. A US citizen can also sponsor a fiance or spouse, and the children of the fiance or spouse (step-children) can get a visa as a derivative of their parent's visa. In the case of the K1 visa for the parent, the child would be eligible for a K2 visa.

As I said, the window of opportunity for the K2 is 1 year after the K1 visa holder comes to the US, and that presumes that the child was listed on the I-129F.

The only other way would be for the mother to get her citizenship after 3 years in the US, and then sponsor her child as an immediate relative (IR).

If they are married then the Husband can sponsor the Children I beg to differ. A USC Can sponsor step children if the marriage took place befefore the step child turned 18. I petioned my husbands children and it took about 10 months start to finish with one RFE and Xmas in between . As far as the child not being listed in the initial application that may pose some problems that I have no Idea about. The mom does not have to wait to receive her GC , as long as they are married the step father can send in a I-130 for the child

I stand corrected. The page on the State Department website didn't mention this (apparently, it's the IR2/CR2).