Petitioning Wife's Son - K1 Visa - No AOS Yet

[DEDixon 39]

A friend of my wife's (she is Filipina) has a few question about petitioning her son who is 20 years old and turning 21 on June 29 (9 months from now, he will be 21).

She has 5 children with just 1 below 21. Initially she and the USC didn't think to include her son on the initial application. Now that she is here, the thought entered her mind. I know she married within 90 days of arriving, however I'm not sure how long she has been here so not sure if she is out of status due to late AOS filing.

Please give a detailed reply, because I'm going to email the responses to her (she is just learning to use the computer so not posting yourself).

1. If she is out of status, does this impact petitioning her son?

2. What forms need to be submitting?

3. How much does it cost?

4. How long would it take to get him here if everything goes like it should?

5. If he starts to age out, if it gets close to his birthday, is there a fast track?

Thanks.

[sunandmoon 450]

is the son still eligle for K-2? a K-2 visa can be issued up to one year after the K-1 Visa was issue. That would be the fastest way. otherwise, the best way would be for the USC husband to file an 1-130 for his step child. the filing fee for the i-130 is $355. I've heard that can take a year or more.

[walls1010 3]

A friend of my wife's (she is Filipina) has a few question about petitioning her son who is 20 years old and turning 21 on June 29 (9 months from now, he will be 21).

She has 5 children with just 1 below 21. Initially she and the USC didn't think to include her son on the initial application. Now that she is here, the thought entered her mind. I know she married within 90 days of arriving, however I'm not sure how long she has been here so not sure if she is out of status due to late AOS filing.

Please give a detailed reply, because I'm going to email the responses to her (she is just learning to use the computer so not posting yourself).

1. If she is out of status, does this impact petitioning her son?

2. What forms need to be submitting?

3. How much does it cost?

4. How long would it take to get him here if everything goes like it should?

5. If he starts to age out, if it gets close to his birthday, is there a fast track?

Thanks.

Here's the link you can read and forward it to your friend.

http://www.uscis.gov/files/form/I-130instr.pdf

[DEDixon 39]

k-2 OR I-130? I'm confused now.

[sunandmoon 450]

it depends. if the son was listed on the 129f, he would be eligible for a K-2 Visa, follow to join. if it was been less than one year since k-1 was issued and there is still time to schedule an interview, then fastest way would be to apply for a K-2 Visa. if beyond one year or not enough time to apply for k-2, then would need to file an I-130. fastest way if filing an I-130 would be for husband to submit petition since he's a USC.

[payxibka 10,045]

it depends. if the son was listed on the 129f, he would be eligible for a K-2 Visa, follow to join. if it was been less than one year since k-1 was issued and there is still time to schedule an interview, then fastest way would be to apply for a K-2 Visa. if beyond one year or not enough time to apply for k-2, then would need to file an I-130. fastest way if filing an I-130 would be for husband to submit petition since he's a USC.

but only if the step parent / step child relationship was created before the child was 18... if not, then the USC is prohibited from filing an I-130

this is not an adjustment of status issue... moving thread...

Edited September 28, 2009 by payxibka

[DEDixon 39]

Digging this out again. The aforemention son who is 20 until June and in the Philippines has his birth cert corrected.

His mom came here on K-1, all her children except for the son are over 21 and all her children were listed on the 129.

His mom wants to get him here now.

QUESTION: I thought the day he turned 21, he was too old to follow on K-1 visa?

***************

Another question about the other kids who are over 21.

If the mom becomes a US Citizen (say in 4 to 5 years), how long does it take for her kids to get here after she petitions them?

And, does their marital status make them ineligible in anyway?