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BokkieandGuapo

Questions regarding bringing a child of LPR???/

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Dear Members,

I would like some advice please on a situation I have. I am a new LPR from a K-1 Visa. I have three Children in South Africa, ages 11, 10 and 7. I see from reading the guides that priority dates are a factor in bringing relatives of LPR's to the USA. The children's mother is not the most amicable of people and I know that she will not allow the children to come at such a young age. If we petitioned now would the priority date be at an age when thier mother would let them go?

Thank you in Advance

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Filed: F-2A Visa Country: Jamaica
Timeline

Dear Members,

I would like some advice please on a situation I have. I am a new LPR from a K-1 Visa. I have three Children in South Africa, ages 11, 10 and 7. I see from reading the guides that priority dates are a factor in bringing relatives of LPR's to the USA. The children's mother is not the most amicable of people and I know that she will not allow the children to come at such a young age. If we petitioned now would the priority date be at an age when thier mother would let them go?

Thank you in Advance

Add 3-4 years from the time you filed the petition. Once the case gets to the NVC you can drag it out so u can make it a 5-6 year process.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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Filed: K-1 Visa Country: Wales
Timeline

She would need to approve, if not there is little point filing.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: F-2A Visa Country: Jamaica
Timeline

She would need to approve, if not there is little point filing.

Correct.. she must file the I130 the dragging starts after USCIS's Approval.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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Filed: K-1 Visa Country: Vietnam
Timeline

Dear Members,

I would like some advice please on a situation I have. I am a new LPR from a K-1 Visa. I have three Children in South Africa, ages 11, 10 and 7. I see from reading the guides that priority dates are a factor in bringing relatives of LPR's to the USA. The children's mother is not the most amicable of people and I know that she will not allow the children to come at such a young age. If we petitioned now would the priority date be at an age when thier mother would let them go?

Thank you in Advance

First, the kids are eligible for K2 visas up until a year after you received your K1. That would be the simplest and fastest route as there wouldn't be a new petition involved.

You married a US citizen before the children were 18. The children are now immediate relatives of a US citizen. Your wife could petition for them and there would be no waiting for a priority date. When their mother is ready to allow them to immigrate then have your wife petition for them. They could be here within a year. Don't wait too long for this route - if the kids turn 21 before the petition is accepted then they'll age out, and they'll end up being in a family preference category which means waiting for the priority date to become current.

You filing for them as an LPR should be the last resort as it will take the longest.

An approved I-130 is valid forever. Once a visa number is available then the kids could apply for a visa anytime after that. Just bear in mind that the visa category changes if the kids turn 21, which usually adds years to the waiting time. Also, if the petition was filed by an LPR parent and the kids marry then they aren't eligible for any visa based on that petition.

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!

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