Jump to content
spc8000

K1 Embassy Appointment and "Child to follow".

 Share

9 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: United Kingdom
Timeline

Hi all,

We've had our K1 application approved and i'm preparing the forms for the embassy appointment in London. I have a 10 year old daughter who will not be leaving with me, but I would like the option for her to follow should she wish to do so during the next year under the "to follow" option. The chances of this happening are very slim, but i'm being on the safe side.

The situation is as follows. I have the co-operation of her mother for my daughter to visit me in the US and an agreement that should my daughter wish to move permanently in about 2 years, she would support this also.

However, my daughter's UK passport has expired and I have been asking her mother to renew it. As from my interpretation of the K2 form requirements at this stage it appears i need to complete forms DS-230, DS-157 and DS-156 for my daughter in addition to my set of forms as on my DS-156K form, I have stated my daughter's name, and have checked the option for her "to follow".

Now on her DS-156 form, it asks for a passport number. Upon informing her mother that I will require my daughters passport number and passport to take to London, she has become paranoid and has decided to "seek advice regarding the situation". Trying to explaing the complexities of visa processing to an estranged partner is not the easiest thing to do...

My questions are as follows:

1. If I still check "to follow" and not submit the forms required for my daughter, can they be submitted at a later time? (I read a thread here once from a woman who defered her young son's interview and was able to do it 6 months down the line, i cant find it now :( ).

2. If I check "not to follow". Do I get a second chance to apply for her in the next 12 months or would this be fatal? If it is possible, would it be a K2 or an I-130 with a K4 supporting application?

3. What happens if a K2 is not used in the timeframe allowed, is it again an I-130 with a K4?

Any help would be greatly appreciated .

Thanks

Link to comment
Share on other sites

Filed: AOS (apr) Country: Kenya
Timeline

1. If I still check "to follow" and not submit the forms required for my daughter, can they be submitted at a later time? (I read a thread here once from a woman who defered her young son's interview and was able to do it 6 months down the line, i cant find it now ).

Maybe, this may be Embassy specific.

2. If I check "not to follow".

If you check that then she is Coming With. If you do not list her, then she's off the K-1/K-2 possibilities.

Do I get a second chance to apply for her in the next 12 months or would this be fatal? If it is possible, would it be a K2 or an I-130 with a K4 supporting application?

Yes, then it's teh I-130.

3. What happens if a K2 is not used in the timeframe allowed, is it again an I-130 with a K4?

Same as above.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Link to comment
Share on other sites

Filed: K-1 Visa Country: United Kingdom
Timeline

Hi, Thank you for your reply.....

I've just found this old thread from 2007 and it states that I would need to notify the consulate with an I-824 for my daughter to qualify for follow to join benefits as long as she was listed on my original I-129, which she was.

Can anyone validate this information from the thread?

Quote:

Following-to-Join Benefits

Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as the immediate relative of a U.S. citizen.

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. If, however, you immigrated to the U.S. as an immediate relative of a U.S. citizen who did not or could not petition for your children, you will need to file a separate I-130, Petition for Alien Relative. In this case, see How Do I Bring My Child, Son or Daughter to Live in the U.S.?

Your children may be eligible for following-to-join benefits if:

* You immigrated on the basis of a fiancé(e) petition

* You immigrated on the basis of a diversity immigrant application

* You immigrated on the basis of an employment-based petition

* You immigrated on the basis of a petition filed by your brother or sister

* You immigrated on the basis of an immigrant petition filed by your U.S. citizen parent(s) when you were married or when you were unmarried and over 21 years of age

* You immigrated on the basis of your relationship with your lawful permanent resident parents when you were unmarried

Also, for your child to be eligible for following-to-join benefits, he or she must:

* Be unmarried and

* Be under 21 years of age and

* Have been a child from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or

* Have been a stepchild from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or

* Have been legally adopted prior to your admission to the U.S., and otherwise qualify as an adopted child under the immigration law.

If you fall into one of the categories above, please submit the following information to the U.S. Citizenship and Immigration Services:

* Form I-824, Application for Action on an Approved Application or Petition

* A copy of the original application or petition that you used to apply for your immigrant status

* A copy of the I-797 Notice of Action for your original application or petition

* A copy of your alien registration receipt card or I-551

* Proof that the child meets the appropriate criteria for Following-to-Join Benefits

You should file the I-824 at the USCIS office that took the most recent action on your case.

If the I-824 is approved, the USCIS will notify a U.S. consulate that you are now a lawful permanent resident so that your children can apply for immigrant visas. You must then ask your children to report to the local U.S. consulate to complete the processing.

Thanks!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ukraine
Timeline
Hi, Thank you for your reply.....

I've just found this old thread from 2007 and it states that I would need to notify the consulate with an I-824 for my daughter to qualify for follow to join benefits as long as she was listed on my original I-129, which she was.

Can anyone validate this information from the thread?

Quote:

Following-to-Join Benefits

Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as the immediate relative of a U.S. citizen.

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. If, however, you immigrated to the U.S. as an immediate relative of a U.S. citizen who did not or could not petition for your children, you will need to file a separate I-130, Petition for Alien Relative. In this case, see How Do I Bring My Child, Son or Daughter to Live in the U.S.?

Your children may be eligible for following-to-join benefits if:

* You immigrated on the basis of a fiancé(e) petition

* You immigrated on the basis of a diversity immigrant application

* You immigrated on the basis of an employment-based petition

* You immigrated on the basis of a petition filed by your brother or sister

* You immigrated on the basis of an immigrant petition filed by your U.S. citizen parent(s) when you were married or when you were unmarried and over 21 years of age

* You immigrated on the basis of your relationship with your lawful permanent resident parents when you were unmarried

Also, for your child to be eligible for following-to-join benefits, he or she must:

* Be unmarried and

* Be under 21 years of age and

* Have been a child from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or

* Have been a stepchild from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or

* Have been legally adopted prior to your admission to the U.S., and otherwise qualify as an adopted child under the immigration law.

If you fall into one of the categories above, please submit the following information to the U.S. Citizenship and Immigration Services:

* Form I-824, Application for Action on an Approved Application or Petition

* A copy of the original application or petition that you used to apply for your immigrant status

* A copy of the I-797 Notice of Action for your original application or petition

* A copy of your alien registration receipt card or I-551

* Proof that the child meets the appropriate criteria for Following-to-Join Benefits

You should file the I-824 at the USCIS office that took the most recent action on your case.

If the I-824 is approved, the USCIS will notify a U.S. consulate that you are now a lawful permanent resident so that your children can apply for immigrant visas. You must then ask your children to report to the local U.S. consulate to complete the processing.

Thanks!

:wacko::wacko::wacko:

This is pretty simple. I answered your PM but just for others benefit and because I prefer to give advice in public forums where I can be corrected if I am wrong (a benefit to you, though I am right 99.94% of the time)

You will check "to follow" on your forms. That is all you need to do.

Within 12 months of your visa being issued, you can schedule an appointment with the consulate for the K-2 interview. The K-2 is basically the same as the K-1 requirements, medical, etc. Also you will need to submit a copy of your marriage certificate and green card or AOS receipt. The consulate can give you the exact list of the documents required. Think "K-1 part deux"

The visa has a validity of 6 onths, just like a K-1, so you can delay entry of the child into the US for UP TO 18 months after your visa issuance.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Link to comment
Share on other sites

This is very helpful information. The only question I have, and I don't want to complicate things for the OP, but just wanted to know to further flesh out this question...

The OP indicated that the child's mother may let the child immigrate in 2 years. As the K2, to follow is for processing 12 months after the issuance of a K-1, and I understand it can be used up to 6 months after issuance...what would happen if that time lapsed, but in 2 years the mother then gave permission? I suppose the situation would be approached with different forms then?

carlahmsb4.gif
Link to comment
Share on other sites

Filed: K-1 Visa Country: Vietnam
Timeline
This is very helpful information. The only question I have, and I don't want to complicate things for the OP, but just wanted to know to further flesh out this question...

The OP indicated that the child's mother may let the child immigrate in 2 years. As the K2, to follow is for processing 12 months after the issuance of a K-1, and I understand it can be used up to 6 months after issuance...what would happen if that time lapsed, but in 2 years the mother then gave permission? I suppose the situation would be approached with different forms then?

Ok, so the father is issued a K1 visa. Just inside the 12 month window of opportunity, a K2 is issued for the child. 6 months later, the K2 expires. 6 months beyond that, the mother agrees to let the child immigrate. Is that the timeline we're assuming?

The consulate has the discretion to re-validate an expired visa. I don't know the likelihood is of them doing so if the visa expired 6 months ago. Not very good, I would think. It also wouldn't be possible to apply for a new K2 because the child would no longer be eligible as a derivative of the K1.

Anyway, they'll never get to the point of having the K2 visa issued if the mother doesn't consent to the child immigrating. If she isn't going to give her consent for 2 years, then the child will never receive a K2.

An alternative approach would be for the father to apply for an F2A visa for the child as soon as he becomes an LPR. With the current priority dates, this will take about 4 years. If the father becomes a US citizen after 3 years, the petition can be upgraded to an IR, and the child would be eligible immediately.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
This is very helpful information. The only question I have, and I don't want to complicate things for the OP, but just wanted to know to further flesh out this question...

The OP indicated that the child's mother may let the child immigrate in 2 years. As the K2, to follow is for processing 12 months after the issuance of a K-1, and I understand it can be used up to 6 months after issuance...what would happen if that time lapsed, but in 2 years the mother then gave permission? I suppose the situation would be approached with different forms then?

Ok, so the father is issued a K1 visa. Just inside the 12 month window of opportunity, a K2 is issued for the child. 6 months later, the K2 expires. 6 months beyond that, the mother agrees to let the child immigrate. Is that the timeline we're assuming?

The consulate has the discretion to re-validate an expired visa. I don't know the likelihood is of them doing so if the visa expired 6 months ago. Not very good, I would think. It also wouldn't be possible to apply for a new K2 because the child would no longer be eligible as a derivative of the K1.

Anyway, they'll never get to the point of having the K2 visa issued if the mother doesn't consent to the child immigrating. If she isn't going to give her consent for 2 years, then the child will never receive a K2.

An alternative approach would be for the father to apply for an F2A visa for the child as soon as he becomes an LPR. With the current priority dates, this will take about 4 years. If the father becomes a US citizen after 3 years, the petition can be upgraded to an IR, and the child would be eligible immediately.

or the USC spouse submits an I-130 petition for the child when they are ready... since the step parent/ step child relationship occured before the child's 18th birthday then no need to wait for the LPR to become a citizen...

To the OP.. if it is done on the basis of an I-130 petition it would be an IR visa NOT a K-4

Edited by payxibka

YMMV

Link to comment
Share on other sites

Filed: K-1 Visa Country: United Kingdom
Timeline

Thank you for all your responses - I have submitted my interview documentation with "to follow" on the relevant forms. I will post back anything of interest in due course.

I think the last two posters have it spot on for the procedure after 18 months. I wanted to keep the "door open" under the K1 eligibility, so if there are a change of circumstances in the next 18 months my daughter can come to the US if needed.

After this, it will be a case of planning in advance and ensuring citizenship is gained as soon as possible to qualify for the IR privledges. I've noticed the new USCIS website today (actioned by obama) now has an interesting time processing tool and also a "National Goal" target, so under these reforms we may see waiting times reduce dramatically.

For example: An I-130 for an LPR's child under 21 is 43 months at the Vermont processing centre - with a USCIS national goal of 5 months!!!!

I may have missed the goals figures on the previous site... but its VERY clear on this one.... i wont hold my breath though....

Edited by spc8000
Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
For example: An I-130 for an LPR's child under 21 is 43 months at the Vermont processing centre - with a USCIS national goal of 5 months!!!!

For petitions submitted by a USC, maybe... but since an LPR needs to wait for an available visa number the goal of 5 mos. makes no real sense as it would be approved just to sit in another line for 3-4 years...

YMMV

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...