Question regarding: "follow to join" or I-130

[gary & rose 0]

Hello

I am trying to find out some info as to which is the easiest way for my wifeto bring her 2 kids both under 21, i brought her here on a K-1 visa and was told to list her kids so when she got stable we could petition them, i have seen the "follow to join" mentioned and we would contact the consulate in Manila, or do we need to file the I-824 and other paperwork with the USCIS.

thanks in advance

Gary & Rose

[Darnell 8,478]

no, if it's been less than 1 year, between the k-1 visa holder's 'interview date' in manila, and today,

then can send in the packet 3 forms directly to the embassy, with a cover letter, requesting to start the K-2 follow to join case. (actually, it's 1 year between the k-1 visa interview date and the k-2 visa interview date, is no concept of 'today', really).

if it's been more than 1 year, and the children were under 18 by the time you married in usa, then YOU can file an I-130 petition on their behalf, resulting in a CR-2 visa for them.

what's what, and who's who?

Edited August 23, 2010 by Darnell

[gary & rose 0]

no, if it's been less than 1 year, between the k-1 visa holder's 'interview date' in manila, and today,

then can send in the packet 3 forms directly to the embassy, with a cover letter, requesting to start the K-2 follow to join case. (actually, it's 1 year between the k-1 visa interview date and the k-2 visa interview date, is no concept of 'today', really).

if it's been more than 1 year, and the children were under 18 by the time you married in usa, then YOU can file an I-130 petition on their behalf, resulting in a CR-2 visa for them.

what's what, and who's who?

[gary & rose 0]

Thanks Darnell,

yes it has been 1 year since her K-1 visa interview, so we will have to file a I-130, both her kids were under 17 when she got here so thats not a problem, my concern is how long i have heard it could take for an I-130 visa number to become available, does filing when the kids are 17 and under guarantee they will not be to old if it takes a long time or does the CR-2 visa mean a faster processing time.

thanks

Gary & Rose

[Darnell 8,478]

let me try again?

IF you and the mother married prior to the children turning 18

and

IF they are not yet 21

and since the 1 year window has passed for any K-2 FTJ case -

then YOU will be filing an I-130 on each child (to the Chicago lockbox)

resulting in a CR-2 visa, for each child.

you'll be doing NVC processing after I-130 approval, as well.

this is actually 'the fastest' I-130 processing category, will go through 'just as fast' as a 'normal I-130 petition with CR-1 visa application' - figure about 7 to 12 months, from start to finish, IF you drive all, monitor all, not lag on any timeticks.

errata - the I-824 will be useless, is not any approved I-130 prior to today. Don't bother to file it, you don't qualify.

Good Luck !

Edited September 3, 2010 by Darnell

[Darnell 8,478]

hey - you submit those I-130's yet?