A friends Question

[vichygurl 1]

I have no idea where to post it. So I decided to make a try here. A friend of mine has a question but I don't know what to tell her so with everybody's help here and with the same situation she has I will really appreciate any answers and info you can give me.

She is now in California. She came here for K1 visa and her then fiance (now husband) petitioned her and her two children ages 18 and 10. When the petition has been approved and it's about time for interview.. she didn't bring the children with her in the Philippine Embassy in Manila for money matters. As far as I understood, the problem was financial, from medical interview for two children plus her, then visa fees and fare from PI to USA. SO in other words she left the kids in the Philippines and traveled here alone. She said that the console told her to get the children before the petition expired. Her question is.. what if she can't get the children before it expires? Can she petitioned them again? And if ever she can get them before the petition expires, does the children needs to be interviewed? I have no idea what to tell her. Can anyone please help me here?

Thanks a lot! It's been a while I haven't post!

Vida

[bluemist 0]

I have no idea where to post it. So I decided to make a try here. A friend of mine has a question but I don't know what to tell her so with everybody's help here and with the same situation she has I will really appreciate any answers and info you can give me.

She is now in California. She came here for K1 visa and her then fiance (now husband) petitioned her and her two children ages 18 and 10. When the petition has been approved and it's about time for interview.. she didn't bring the children with her in the Philippine Embassy in Manila for money matters. As far as I understood, the problem was financial, from medical interview for two children plus her, then visa fees and fare from PI to USA. SO in other words she left the kids in the Philippines and traveled here alone. She said that the console told her to get the children before the petition expired. Her question is.. what if she can't get the children before it expires? Can she petitioned them again? And if ever she can get them before the petition expires, does the children needs to be interviewed? I have no idea what to tell her. Can anyone please help me here?

Thanks a lot! It's been a while I haven't post!

Vida

Hi sis..I read a topic before here just exactly the same.So what she did is,she got her son before the petition expires.

So for your friend,If I were her,I will get the kids now before the petition expires.I'm not sure if her kids need to be interview since they are K2's who are follow-to-join.I think they only need the DS forms,passports,NBI,pay visa fee and medical.Their K2 visa is valid 6months also from the date of their mom's visa so they need to leave before the visa expires.

Another thing,she has 18yrs old kid,so better for her to get them now before the petition expires.Yes she can petition them again but she has to have her kids here in the US especially the 18yrs old before she/he turns 21.Not really sure.I just read it when I did some research.

Please somebody can correct this if I'm wrong.

[Pinay Wife 47]

Time may be running out for the older child. Did the marrige occur BEFORE or AFTER the older child turned 18? It is important to know this because children who were 18 years or older at the time of the marriage may not be petitioned as step-children by the USC. If that is the case, the older child must come to the US before the K2 expires otherwise it will take more than 20 years to bring him/her over. If, on the other hand, the older child was not 18 when the marriage occurred, the USC may file a petition no later than one year before the child turns 21.

http://manila.usembassy.gov/wwwh3204.html

Children (below 21 years of age and unmarried) of the Filipino spouse are also eligible to apply for IR visas if individual petitions are filed on their behalf by the U.S. citizen spouse. Under U.S. immigration law, only children under the age of 18 at the time their natural parent married a U.S. citizen are considered “step-children” for immigration purpose. Children who were 18 years or older at the time of the marriage may not be petitioned as step-children. They may be petitioned by the Filipino parent after he/she becomes a lawful permanent resident (LPR) of the United States.

x x x

Children (unmarried and below 21 years of age) of a K-1 applicant may derive immigration benefits from the same I-129 petition and are issued “K-2” visas. Children identified in the approved I-129F petition are called “derivatives”. Derivatives may apply at the same time as the principal applicant parent or may apply later, but must be issued K-2 visas within one year from the date the K-1 visa was issued to the principal applicant parent. Derivatives who are following-to-join the principal applicant parent must apply for their K-2 visas in a timely manner to allow visa issuance within the required period.

[Krikit 1,164]

Moving from Philippines Regional forum to Bringing Family Members of Permanent Residents to America.

[vichygurl 1]

Thanks a lot! I will extend this info to her.

Vida