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Juan & Nan

Which visa is the right one

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Filed: Citizen (apr) Country: Thailand
Timeline

I am the USC. My wife is a Thai citizen. She came to the US with a K-1. We got married and filed for AOS/AE/AP. She just did her biometrics this week. She has a daughter from a previous boyfriend. Initialy, we wanted to petition for a K-2 for her daughter, but the father refused to sign sole over custody to my now wife.The child is 6 years old. We are just now finding out that the father is willing to sign over sole custody. Our question is what is the right visa to apply for? IR-3? If so, we didn't see a guide to petition for that taype of visa in VJ. Can someone direct us to the right direction? Thanks everyone.

Juan and Nan

K-1 TIMELINE11/03/2010 Mailed I-129F Petition to USCIS VSC
11/15/2010 Received NOA1 in the mail
02/04/2011 Requested expediting of case for military deployment
02/11/2011 Expediting request approved
02/22/2011 Received expediting request approval letter in the mail
02/28/2011 NOA2 Document Received in the mail
02/28/2011 NVC received and case # assigned
03/01/2011 Case sent to Embassy
03/04/2011 Case received at the Embassy
03/09/2011 Embassy sent Packet 3 via mail (we did not wait for it, downloaded forms online)
03/15/2011 Sent Packet 3 to the Embassy
03/18/2011 Embassy received Packet 3 in the mail
03/28/2011 Received Packet 4 from Embassy
04/20/2011 Embassy Interview Date (APPROVED)
04/27/2011 POE JFK, NY
AOS/AE/AP TIMELINE
06/24/2011 Mailed the AOS/EA/AP
07/05/2011 Received NOA1's for the AP/AE/AOS dated 06/27/2011
07/08/2011 Received NOA for biometrics appointment
07/25/2011 Biometrics appointment
08/24/2011 Received AP/AE card in the mail
09/08/2011 AOS interview APPROVED
09/09/2011 Card in production
09/19/2011 Green card on hand!

I-130 TIMELINE - STEPDAUGHTER I-751 TIMELINE-WIFE

04/07/2013 Mailed I-130 petition 06/10/2013 Mailed I-751 petition

04/14/2013 Received NOA1 inthe mail 06/19/2013 Received NOA1 in mail

05/04/2013 Requested expediting due to military deployment %

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Fastest is for you as the USC to file for the step-daughter. Follow filing guides for CR-1/IR-1 visa - the child will come on CR-2.

Alternatively, you could try the K-2 follow along but that's another AOS fee - cheaper to do the CR-2.

ROC 2009
Naturalization 2010

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Filed: Citizen (apr) Country: Thailand
Timeline

Fastest is for you as the USC to file for the step-daughter. Follow filing guides for CR-1/IR-1 visa - the child will come on CR-2.

Alternatively, you could try the K-2 follow along but that's another AOS fee - cheaper to do the CR-2.

Thanks! Sounds like CR-2 is the way to go.:D:yes:

K-1 TIMELINE11/03/2010 Mailed I-129F Petition to USCIS VSC
11/15/2010 Received NOA1 in the mail
02/04/2011 Requested expediting of case for military deployment
02/11/2011 Expediting request approved
02/22/2011 Received expediting request approval letter in the mail
02/28/2011 NOA2 Document Received in the mail
02/28/2011 NVC received and case # assigned
03/01/2011 Case sent to Embassy
03/04/2011 Case received at the Embassy
03/09/2011 Embassy sent Packet 3 via mail (we did not wait for it, downloaded forms online)
03/15/2011 Sent Packet 3 to the Embassy
03/18/2011 Embassy received Packet 3 in the mail
03/28/2011 Received Packet 4 from Embassy
04/20/2011 Embassy Interview Date (APPROVED)
04/27/2011 POE JFK, NY
AOS/AE/AP TIMELINE
06/24/2011 Mailed the AOS/EA/AP
07/05/2011 Received NOA1's for the AP/AE/AOS dated 06/27/2011
07/08/2011 Received NOA for biometrics appointment
07/25/2011 Biometrics appointment
08/24/2011 Received AP/AE card in the mail
09/08/2011 AOS interview APPROVED
09/09/2011 Card in production
09/19/2011 Green card on hand!

I-130 TIMELINE - STEPDAUGHTER I-751 TIMELINE-WIFE

04/07/2013 Mailed I-130 petition 06/10/2013 Mailed I-751 petition

04/14/2013 Received NOA1 inthe mail 06/19/2013 Received NOA1 in mail

05/04/2013 Requested expediting due to military deployment %

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Filed: Citizen (apr) Country: Thailand
Timeline

The CR-2 will most likely take 6 - 8 months and not be any cheaper since the K-1 has already been paid for. The only cost for the K-2 will be the visa fee at the embassy. You start at Bangkok, turn in packet 3 and pay for the visa via the post office (same as you did for your fiancee). We did follow to join (K-4 since Rin was a K-3) and it took two weeks (filed on 9/20/07 and had interview on 10/02/07).

If I were you, I'd go with the K-2 as your step-daughter could get her much quicker, then you would file AOS here.

K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

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Filed: Citizen (apr) Country: Thailand
Timeline

An additional consideration would be having your step daughter here before the end of the year may impact your tax return (positively) versus taking the 6-8 months and having her get here next year. I would also worry that in a 6 - 8 month wait, your step-daughter's father may change his mind. Just my two cents worth...

K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

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Filed: K-1 Visa Country: Vietnam
Timeline

The CR-2 will most likely take 6 - 8 months and not be any cheaper since the K-1 has already been paid for. The only cost for the K-2 will be the visa fee at the embassy. You start at Bangkok, turn in packet 3 and pay for the visa via the post office (same as you did for your fiancee). We did follow to join (K-4 since Rin was a K-3) and it took two weeks (filed on 9/20/07 and had interview on 10/02/07).

If I were you, I'd go with the K-2 as your step-daughter could get her much quicker, then you would file AOS here.

The K2 will be faster, but there's more involved than just the visa fee. A K2 has to adjust status after arriving in the US, which adds nearly $1000 to the total fees. He's already filed AOS for his wife, so they can't file the daughter's AOS concurrently and save a few hundred dollars. A CR2 is an immigrant visa - no adjustment of status. The total cost of a CR2 is less than the AOS fees alone.

So, it depends on whether the OP wants to save time or money.

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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Filed: Citizen (apr) Country: Thailand
Timeline

The K2 will be faster, but there's more involved than just the visa fee. A K2 has to adjust status after arriving in the US, which adds nearly $1000 to the total fees. He's already filed AOS for his wife, so they can't file the daughter's AOS concurrently and save a few hundred dollars. A CR2 is an immigrant visa - no adjustment of status. The total cost of a CR2 is less than the AOS fees alone.

So, it depends on whether the OP wants to save time or money.

The K-2 would only have been $635 if under 14 years old and they file along with the child's parent. Since they have already filed AOS, add another $335. For the CR-2 it is going to be $420 for the I-130 plus the NVC charges ($330+$88+$74; total of $492). So the Cr2 would be $912 all in; the K-2 would have been the $635 + $350 for the visa fee in Bangkok. for a total of $985. Given the potential 6-8 months difference in processing time, I'd have spent (and did) the extra $73 for the K-2 (this is assuming they would have waited to submit AOS for his wife). Since they have already filed AOS, then it would be another $335 for the child to go the K-2 route or $407 more than the CR-2. Again, for a half year time difference, plus the potential for the father to renege, plus the potential tax benefit, I would opt for the K-2.

Edited by rin and john

K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

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Filed: K-1 Visa Country: Vietnam
Timeline

The K-2 would only have been $635 if under 14 years old and they file along with the child's parent. Since they have already filed AOS, add another $335. For the CR-2 it is going to be $420 for the I-130 plus the NVC charges ($330+$88+$74; total of $492). So the Cr2 would be $912 all in; the K-2 would have been the $635 + $350 for the visa fee in Bangkok. for a total of $985. Given the potential 6-8 months difference in processing time, I'd have spent (and did) the extra $73 for the K-2 (this is assuming they would have waited to submit AOS for his wife). Since they have already filed AOS, then it would be another $335 for the child to go the K-2 route or $407 more than the CR-2. Again, for a half year time difference, plus the potential for the father to renege, plus the potential tax benefit, I would opt for the K-2.

If I were in the OP's shoes I would opt for the K2, as well. However, your first post stated outright that a CR2 would "not be any cheaper since the K-1 has already been paid for. The only cost for the K-2 will be the visa fee at the embassy." This is clearly wrong since the K2 will require AOS, with full fees except for biometrics, while the CR2 will not. Speculating about what a K2 would have cost, in total, if the child were adjusting status at the same time as the K1 parent is a moot point. The K1 parent's adjustment of status has already been submitted.

I think most people (including me) would agree with you that the time savings is more important than the money savings, and that the K2 follow-to-join is the wisest choice. I just didn't want the OP to get the impression based on your post that they will be saving both time and money by going the K2 route. They will save time, but they'll spend more money.

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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Filed: Citizen (apr) Country: Thailand
Timeline

If I were in the OP's shoes I would opt for the K2, as well. However, your first post stated outright that a CR2 would "not be any cheaper since the K-1 has already been paid for. The only cost for the K-2 will be the visa fee at the embassy." This is clearly wrong since the K2 will require AOS, with full fees except for biometrics, while the CR2 will not. Speculating about what a K2 would have cost, in total, if the child were adjusting status at the same time as the K1 parent is a moot point. The K1 parent's adjustment of status has already been submitted.

I think most people (including me) would agree with you that the time savings is more important than the money savings, and that the K2 follow-to-join is the wisest choice. I just didn't want the OP to get the impression based on your post that they will be saving both time and money by going the K2 route. They will save time, but they'll spend more money.

You guys are GREAT! Thank you so much for your help. We are going to opt for the time savings. Thanks again.:)

K-1 TIMELINE11/03/2010 Mailed I-129F Petition to USCIS VSC
11/15/2010 Received NOA1 in the mail
02/04/2011 Requested expediting of case for military deployment
02/11/2011 Expediting request approved
02/22/2011 Received expediting request approval letter in the mail
02/28/2011 NOA2 Document Received in the mail
02/28/2011 NVC received and case # assigned
03/01/2011 Case sent to Embassy
03/04/2011 Case received at the Embassy
03/09/2011 Embassy sent Packet 3 via mail (we did not wait for it, downloaded forms online)
03/15/2011 Sent Packet 3 to the Embassy
03/18/2011 Embassy received Packet 3 in the mail
03/28/2011 Received Packet 4 from Embassy
04/20/2011 Embassy Interview Date (APPROVED)
04/27/2011 POE JFK, NY
AOS/AE/AP TIMELINE
06/24/2011 Mailed the AOS/EA/AP
07/05/2011 Received NOA1's for the AP/AE/AOS dated 06/27/2011
07/08/2011 Received NOA for biometrics appointment
07/25/2011 Biometrics appointment
08/24/2011 Received AP/AE card in the mail
09/08/2011 AOS interview APPROVED
09/09/2011 Card in production
09/19/2011 Green card on hand!

I-130 TIMELINE - STEPDAUGHTER I-751 TIMELINE-WIFE

04/07/2013 Mailed I-130 petition 06/10/2013 Mailed I-751 petition

04/14/2013 Received NOA1 inthe mail 06/19/2013 Received NOA1 in mail

05/04/2013 Requested expediting due to military deployment %

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