USC Bringing Minor Step Children for Visit (K2 or FollowtoJoin?)

[blueclown 0]

I'm a USC, married to my husband (came in on visitors visa, succcessfully adjusted status and got green card beginning of Dec 2008). My step children are 10 and 12, and after meeting them in Brazil we would like to bring them here for a visit first, possibly to stay later. Primarily, now, a visit.

The daughter's birthday is coming up and we'd love to suprise her by bringing her and her brother for a visit here. What is the quickest way? K2? (she and her brother were listed on his application forms) If so, then I call the US Embassy and tell them my daughter is ready for her interview, correct? They get their medical exam, passport, interview and ready to go? (My husband also had a notarized consent granted from mother that she would allow them to travel done while he was in Brazil.) Then.. later I adjust status?

Or, do I do Follow to Join and file Form I-824 with the National Visa Center?

[NArocks 13]

The visit part will probaly not happen, they would need to immigrate and adjust status while they are here. Do you plan to have them go back and continue to live in Brasil? Or are they going to live with you in the US permantly?

Edit, Sorry I see that you adjusted from here in the states? Did he come on a K visa or CR visa? If not to bring the kids you as the USC will file a I-130 for each of them. I think this is the route you need and it takes 6 months + to get this done. By him adjusting here in the states and not on a K visa there are no Follow to join benefits. They will need to be applied for sry

Edited July 14, 2009 by NArocks

[blueclown 0]

We do plan to have them go back and live in Brasil, if only temporarily. This is mainly a tester visit to see how they like it here. So, our primary goal is just a visit.

I am a US Citizen, he came in on a visitors, expired. We married a few years after that, adjusted his status and now he has a Green Card.

So, they do not qualify for follow to join benefits?

Then I need to take action and file an I-130 for them, correct? That's the only way they can visit?

[NArocks 13]

You can attempt a visitor visa but not sure how this will go for them. Yes the only route is the I-130 however this is not a step to take if they only want to come and visit as it is an immigrant VISA. You can try for the Visitor visa at the embaassy it is hit or miss, maybe since their mom is still in Brasil it might have some bearing. Good Luck.......

Edit, No there is no follow to join. I married my husband 6 years after he had been here. I also applied for his sons at the same time. It took us about 9 months to get the boys here from Colombia. My husband was already here as your was.

Edited July 14, 2009 by NArocks

[blueclown 0]

We would not mind having them to stay, of course, just for now.. we'd prefer just a visit to give them the opportunity to choose.

Even though he did Adjustment of Status, wouldn't he still be a K3 (Spousal) visa.. so then could I request my children (stepchildren) on a K2 thru the embassy? Then adjust status (if we choose) with the I130 once they are here?

That's where I'm getting confused...

Edited July 14, 2009 by blueclown

[payxibka 10,045]

I'm a USC, married to my husband (came in on visitors visa, succcessfully adjusted status and got green card beginning of Dec 2008). My step children are 10 and 12, and after meeting them in Brazil we would like to bring them here for a visit first, possibly to stay later. Primarily, now, a visit.

The daughter's birthday is coming up and we'd love to suprise her by bringing her and her brother for a visit here. What is the quickest way? K2? (she and her brother were listed on his application forms) If so, then I call the US Embassy and tell them my daughter is ready for her interview, correct? They get their medical exam, passport, interview and ready to go? (My husband also had a notarized consent granted from mother that she would allow them to travel done while he was in Brazil.) Then.. later I adjust status?

Or, do I do Follow to Join and file Form I-824 with the National Visa Center?

K-2 is not an option since your husband did not arrive on a K-1

Follow to join is not an option because there is no such thing based on how your husband arrived

K-3 is not an option because he is already a permanent resident... thus K-4 is out for the kids

Edited July 14, 2009 by payxibka

[JimVaPhuong 4,863]

The visit part will probaly not happen, they would need to immigrate and adjust status while they are here. Do you plan to have them go back and continue to live in Brasil? Or are they going to live with you in the US permantly?

Edit, Sorry I see that you adjusted from here in the states? Did he come on a K visa or CR visa? If not to bring the kids you as the USC will file a I-130 for each of them. I think this is the route you need and it takes 6 months + to get this done. By him adjusting here in the states and not on a K visa there are no Follow to join benefits. They will need to be applied for sry

Yep!

If the husband came on a visitors visa and adjusted status here, then his kids don't get derivative status. The K2 is only for derivatives of a K1 beneficiary. Follow to join benefits are only extended to children of LPR's who arrived on an immigrant or K visa. Children of LPR's who entered on a visitors or immediate relative visa need to petition separately.

Even though he did Adjustment of Status, is he not still a K3 (Spousal) visa.. so couldn't I request my children (stepchildren) on a K2 thru the embassy? Then adjust status (if we choose) with the I130 once they are here?

First, K2 is a derivative of a K1 visa. K4 would be a derivative of a K3 visa.

No, your husband did not arrive on a K visa of any kind. He arrived on a tourist visa. Getting married and adjusting status does not change the type of visa he entered the US with.

[NArocks 13]

There are no follow to join benefits offered nor allowed to your husband. He adjusted from with in the US. You will have to fie a I-130 for each child ( 355.00 each ) and go from there, however think it through because it may be difficult on the kids as you state the husband as been here a while and probaly not to familiar with his children. You need to have a discussion with the Mom also as this also concerns her. Go visit them there if possible and get a feel for the kids. .

We would not mind having them to stay, of course, just for now.. we'd prefer just a visit to give them the opportunity to choose.

Even though he did Adjustment of Status, wouldn't he still be a K3 (Spousal) visa.. so then could I request my children (stepchildren) on a K2 thru the embassy? Then adjust status (if we choose) with the I130 once they are here?

That's where I'm getting confused...

[blueclown 0]

ah! I got it guys, i think I'm clear now.

Ok, so basically run thru the I-130 form/procedure is our best (and likely only) bet for now and the future, correct?

[blueclown 0]

He actually keeps very good contact with them, and has for years (thank god for msn video!). He also spent 3 months with them in Brazil after he got his green card and I joined him for one of those months. Met the entire family, including Mom. We are blessed in that the family are all very welcoming and we are hoping the best!

Edited July 14, 2009 by blueclown

[NArocks 13]

Good Luck to you blueclown, Get the papers filed then it will take a while to get through the process......

However it is great with MSN etc and spending a few moths with them, totally different when they are uprooted from what they know and Mom is left behind. We had a heck of a time the first 6 months , but now things are getting in sync