WHAT IS THE CORRECT PROCEDURE

[gearman 1]

Hello to VJ'ers

My wife and i have recently Submitted everything for her AOS,EAD and AP.

While we are waiting for this process. We are researching the correct

procedures and forms to prepare. my wife has two children ages 5 and 6.

How should we proceed. How will the process be catagorized??

K-2?? or which one????

in a couple of months when the AOS is approved we will be filing based

on the recommedation provided by you guys.

thank you in advance

[TeeKol 0]

Hello to VJ'ers

My wife and i have recently Submitted everything for her AOS,EAD and AP.

While we are waiting for this process. We are researching the correct

procedures and forms to prepare. my wife has two children ages 5 and 6.

How should we proceed. How will the process be catagorized??

K-2?? or which one????

in a couple of months when the AOS is approved we will be filing based

on the recommedation provided by you guys.

thank you in advance

Your wife will be the petitioner and the children will be added further down the form. All forms will allow her to add the children on there as coming into the USA on a K2 visa and your wife as coming in on whichever visa she came in on (and assuming they all came over together at the same time). These will always be the ways in which your wife and her children entered the USA. You will find on the forms there are places to add the two children on her petition with their own alien numbers (the A# number). Hope this makes sense and helps. Good luck.

Edited July 5, 2011 by TeeKol

[gearman 1]

Your wife will be the petitioner and the children will be added further down the form. All forms will allow her to add the children on there as coming into the USA on a K2 visa and your wife as coming in on whichever visa she came in on (and assuming they all came over together at the same time). These will always be the ways in which your wife and her children entered the USA. You will find on the forms there are places to add the two children on her petition with their own alien numbers (the A# number). Hope this makes sense and helps. Good luck.

Thank You for your reply

My wife arrived here as a K-1.

Her children were listed as "to follow"

they are still in the phils.

should we follow the I-130 proedure??

[gearman 1]

do i have to file an I-130 for each individual child????

stupid question but i want to get this right the first time.

[TeeKol 0]

Thank You for your reply

My wife arrived here as a K-1.

Her children were listed as "to follow"

they are still in the phils.

should we follow the I-130 proedure??

I was fortunate enough to bring my child with me when I came over, so I am not familiar with the extra proceedure. I searched the forums here and found this:-

Lawful Permanent Residents

If you are a lawful permanent resident applying to bring an unmarried, minor child or an unmarried son or daughter to the United States to live and you are the mother of the child, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative

A copy of your alien registration card

A copy of the child's birth certificate showing your name and the child's name

If anyone's name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

So it looks as though I-130 is the next step after your wife gets her Green Card. It would be worth looking for an I-130 forum to get some opinions from people that are in your position and who you can draw upon their experiences.

[gearman 1]

I was fortunate enough to bring my child with me when I came over, so I am not familiar with the extra proceedure. I searched the forums here and found this:-

Lawful Permanent Residents

If you are a lawful permanent resident applying to bring an unmarried, minor child or an unmarried son or daughter to the United States to live and you are the mother of the child, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative

A copy of your alien registration card

A copy of the child's birth certificate showing your name and the child's name

If anyone's name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

So it looks as though I-130 is the next step after your wife gets her Green Card. It would be worth looking for an I-130 forum to get some opinions from people that are in your position and who you can draw upon their experiences.

thanks TEE

[gearman 1]

Hi

My wife arrived here on a k-1 visa.

her two young children was mentioned on the forms as "to follow"

we are now awaiting her approval of AOS. after that process is approved

we will file for her children.

has anyone filed for children of a permanent residence?

when filling out the I-130 who should be listed as the pettioner?

the US citizen or the Perm Resident??

thanks in advance

[RICARDO4EVA2 194]

The US CITIZEN is the sponsor - still.

[Deputy Purple 1,294]

NO I-130 for K-2 Follow to join....

Contact the US Embassy in Manila IV unit and tell them you want to schedule appointments for the 2 K-2 Children.

They will have to have medicals but I can't tell you the details of interview & fees/forms they need as we were not K Visa.

I can tell you that doing I-130 for each of them would be restarting the process for Immediate Relative Visa with you (the step-dad USC as the petitioner) which you don't want to do.

Start the Follow to Join K-2 process for the kids and there is no wait for approval of a petition, Just the Consular processing in the Philippines then they will adjust status once in the US.

[Deputy Purple 1,294]

I was fortunate enough to bring my child with me when I came over, so I am not familiar with the extra proceedure. I searched the forums here and found this:-

Lawful Permanent Residents

If you are a lawful permanent resident applying to bring an unmarried, minor child or an unmarried son or daughter to the United States to live and you are the mother of the child, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative

A copy of your alien registration card

A copy of the child's birth certificate showing your name and the child's name

If anyone's name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

So it looks as though I-130 is the next step after your wife gets her Green Card. It would be worth looking for an I-130 forum to get some opinions from people that are in your position and who you can draw upon their experiences.

This advice could not be further from the correct answer....

First if the LRP files an I-130 Petition for the kids they have to wait for Visa Availability whereas if a USC (their step dad) applies then a Visa is immediately available.

Second, why start with a NEW petition when the kids are already included in the approved I-129f?

K-2 Follow to Join doesn't require a new petition, just contact the Embassy's IV Unit and inform them you need to schedule the K-2 Follow to join interviews. The one caveat is that the K-2 Visas MUST BE ISSUED WITHIN 1 YEAR OF THE MOTHER'S K-1 BEING ISSUED.

[Ban Hammer 13,342]

duplicate topics have been merged.

[TeeKol 0]

This advice could not be further from the correct answer....

First if the LRP files an I-130 Petition for the kids they have to wait for Visa Availability whereas if a USC (their step dad) applies then a Visa is immediately available.

Second, why start with a NEW petition when the kids are already included in the approved I-129f?

K-2 Follow to Join doesn't require a new petition, just contact the Embassy's IV Unit and inform them you need to schedule the K-2 Follow to join interviews. The one caveat is that the K-2 Visas MUST BE ISSUED WITHIN 1 YEAR OF THE MOTHER'S K-1 BEING ISSUED.

Thank you Bob 4 Anna, sorry I was steering you incorrectly Gearman, I was looking for a forum for you and for additional information. At least you now have contact with people that know the way to go for you. Good luck on your journey. I hope it is a swift one.

[gearman 1]

Thank you Bob 4 Anna, sorry I was steering you incorrectly Gearman, I was looking for a forum for you and for additional information. At least you now have contact with people that know the way to go for you. Good luck on your journey. I hope it is a swift one.

very special thanks to everyone information

[Deputy Purple 1,294]

Credit goes to Gearman for this info, he found it I'm just posting it here for others:

USCIS Page with relevant info (Scroll to bottom for Follow-to-Join Benefits)

Following-to-Join BenefitsThis section is for beneficiaries who became permanent residents through a preference classification.

If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa.

Your spouse and/or children may be eligible for following-to-join benefits if:

• The relationship existed at the time you became a permanent resident and still exists, AND
• You received an immigrant visa or adjusted status in a preference category.

If your family member falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

• Form I-824, Application for Action on an Approved Application or Petition
• A copy of the original application or petition that you used to apply for immigrant status
• A copy of Form I-797, Notice of Action, for the original application or petition
• A copy of your Form I-551 (green card)

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 with your Form I-485, in which case no supporting documents are needed other than those submitted with Form I-485.

If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Send your inquiry by e-mail to NVCInquiry@state.gov or by writing to the National Visa Center, ATTN: WC, 32 Rochester Ave., Portsmouth, NH 03801-2909.

To download the forms and instructions mentioned above, see the corresponding link in the

[gearman 1]

Credit goes to Gearman for this info, he found it I'm just posting it here for others:

USCIS Page with relevant info (Scroll to bottom for Follow-to-Join Benefits)

[/color][/font][/size][/font]

HAHAHA

Nice one Bob