NVC F1? or K visa?

[hopefulguy 0]

HI guys...

I am 27 (unmarried). My stepdad filed the petition for me June2007. He is an american guy. My mom and He got married year 2000. I was only 17 that time. My mom and my younger sister who is 8 years old that time entered US with a F-129 K1 visa. I didn't come with them that time because I want to finish my studies here in the philippines. After graduating college I started working and did enjoy it. Now I'm already 27 and wants to be with my family in the US. Stepdad filed a I-130 petition for me and got approved this year and he said that I'm a K2 visa coz that was he applied. Is that right? I'm wondering if I qualified for a K2 visa? i've read many articles and i found out that K2 visa is for under 21 years old.

I received a letter from NVC saying that visa is not available for my use. I fall to F1 visa category. My stepdad called NVC to verify. He said that he didn't applied for an F1 visa. Surprisingly, NVC admits that they made a mistake with my stepdad's visa application for me. NVC gave us 2 weeks so they can investigate and fix the error. Guys do you think that NVC really made a mistake? Do I really qualified for K2 visa? I'm so confused.

[sjr09 155]

http://www.visajourney.com/content/child

[NHKx2 43]

HI guys...

I am 27 (unmarried). My stepdad filed the petition for me June2007. He is an american guy. My mom and He got married year 2000. I was only 17 that time. My mom and my younger sister who is 8 years old that time entered US with a F-129 K1 visa. I didn't come with them that time because I want to finish my studies here in the philippines. After graduating college I started working and did enjoy it. Now I'm already 27 and wants to be with my family in the US. Stepdad filed a I-130 petition for me and got approved this year and he said that I'm a K2 visa coz that was he applied. Is that right? I'm wondering if I qualified for a K2 visa? i've read many articles and i found out that K2 visa is for under 21 years old.

I received a letter from NVC saying that visa is not available for my use. I fall to F1 visa category. My stepdad called NVC to verify. He said that he didn't applied for an F1 visa. Surprisingly, NVC admits that they made a mistake with my stepdad's visa application for me. NVC gave us 2 weeks so they can investigate and fix the error. Guys do you think that NVC really made a mistake? Do I really qualified for K2 visa? I'm so confused.

The K1 visa enables US Citizens to bring their foreign fiance(e)s to the United States in order to get married.

The K2 visa allows unmarried children (under age 21) of the fiance(e) to move to the US as well

As you said you've read online, you do not qualify for a k2 visa. That's probably what your dad filed for your siblings at the time he brought them over with your mother, and it WOULD have applied to you at the time, but no longer. I'm not sure what mistake the NVC made, as your dad made the error in applying for the wrong visa. You are correct that you now fall to the F1 category. I don't know if they can just switch you over...? Perhaps someone else can weigh in on that.

[hopefulguy 0]

thanks nmcrowford.... if my stepdad made a mistake in applying the visa NVC should have known that and haven't accept the application right? i'm still confused. my stepdad said that i am not supposed fall under f1. he's insisting that.. he's an american.

[JimVaPhuong 4,863]

thanks nmcrowford.... if my stepdad made a mistake in applying the visa NVC should have known that and haven't accept the application right? i'm still confused. my stepdad said that i am not supposed fall under f1. he's insisting that.. he's an american.

There is no petition for a K2. It's a derivative visa. That means eligibility for a K2 is derived from an approved petition for a K1. When the K1 petition is approved then the beneficiary is eligible to apply for a K1 visa, and any minor unmarried children of the beneficiary's are eligible to apply for K2 visas. K2 children don't have to apply for a visa at the same time as the K1 beneficiary, but they DO have to apply within one year after the K1 visa is issued. After that, they are no longer eligible for a K2.

You aren't eligible for a K2 because it's been more than a year since the K1 visa was issued, and you're no longer a minor. However, because your US citizen step-father married your mother before you were 18 he IS eligible to file a petition for you. That's what he did when he filed the I-130. If you were under 21 then you'd be eligible for an IR2 visa. However, because of your age you are only eligible for an F1 visa - unmarried son of a US citizen, over 21 years old. This is one of the family preference visa categories.

Your priority date is in June, 2007, since that's when the petition was submitted. Family preference visas like the F1 are subject to annual limits, which means only a certain number of visas in that category are issued each year. You become eligible to apply for a visa when the current cutoff date for your visa category is AFTER your priority date.

Now for the real bummer...

No single country can receive more than 7% of the total available visas in any family preference category in each year. Some countries are oversubscribed, so the waiting list is longer in those countries. The most heavily oversubscribed country for F1 visas is the Philippines. In the July visa bulletin, the cutoff date for F1's in the Philippines is April 15, 1996.

http://www.travel.state.gov/visa/bulletin/bulletin_5489.html

This means you're looking at a wait of about 11 years before you're going to be eligible to apply for a visa, give or take adjustments to the visa bulletin.

The Philippines is a little quirky. It's the only country where an unmarried son of a US citizen has to wait longer than an unmarried son of a lawful permanent resident (F2A visa). It just boils down to how long the lines are in each visa category. If your mother had filed an I-130 for you at the same time your step-dad did then you'd be waiting four years LESS based on HER petition. Unfortunately, if she filed now she'd be filing four years later than your step-dad did, which pretty much nullifies any time savings.

[Jojo92122 1,924]

HI guys...

I am 27 (unmarried). My stepdad filed the petition for me June2007. He is an american guy. My mom and He got married year 2000. I was only 17 that time. My mom and my younger sister who is 8 years old that time entered US with a F-129 K1 visa. I didn't come with them that time because I want to finish my studies here in the philippines. After graduating college I started working and did enjoy it. Now I'm already 27 and wants to be with my family in the US. Stepdad filed a I-130 petition for me and got approved this year and he said that I'm a K2 visa coz that was he applied. Is that right? I'm wondering if I qualified for a K2 visa? i've read many articles and i found out that K2 visa is for under 21 years old.

I received a letter from NVC saying that visa is not available for my use. I fall to F1 visa category. My stepdad called NVC to verify. He said that he didn't applied for an F1 visa. Surprisingly, NVC admits that they made a mistake with my stepdad's visa application for me. NVC gave us 2 weeks so they can investigate and fix the error. Guys do you think that NVC really made a mistake? Do I really qualified for K2 visa? I'm so confused.

JimVaPhuong gave you excellent advice. I just to add that your stepdad may be the one making the error. The F1 visa category is very different from an F1 visa. Being in the F1 visa category does not result in an F1 visa.

You belong in the F1 family visa category, US citizen petitioning for a child over 21. The current PD for your category (F1 Philippines) is April 15, 1996. It will probably be another 10-11 years before you will be eligible for an immigration visa (depending on progression of the PD in the visa bulletin).

If your stepdad had filed for you before your 21st birthday, you would have immigrated to the US within a year. This is because you would be considered a minor for immigration purposes. Once you turned 21, you are now considered an adult who does not need a parent's care which makes you a low priority in getting a visa.

Edited June 26, 2011 by Jojo92122

[Jojo92122 1,924]

Your stepfather is incorrect. He did not apply for an K-2 visa for you by filing the I-130. The I-130 is to verify that there is family relationship between the petitioner and beneficiary that allows the beneficiary to apply for an immigration visa when the beneficiary's PD becomes current. The category a beneficiary is placed in is dictated by the familial relationship, whether the petitioner is a US citizen or LPR, and the age of the beneficiary. The F1 category is the correct one for you, US citizen petitioning for a child over 21.