K-2 expired, want to make sure I'm doing this right

[Dan and Pat! 0]

Hello all,

My wife and I moved to the U.S. in November 2009. We made the decision to leave her little boy Pooh (5), with family and his dad until we had enough money for him to join us. Time flew and we were very broke for awhile. Long story short I'm assuming that his K-2 visa to follow has expired. We dearly miss him and want him here with us, but I want to make sure I'm doing things the right way.

If I understand correctly I now need to file an I-130 and have him joining family as either a stepson or son of my spouse Pat (who is now conditional permanent resident).

I was reading though and I saw a description of an I-824. Since Pat already had a K-1 visa, can Pooh join us on an I-824 and would this make things any faster.

Specifically I was confused about my wife's marital status at the time she had Pooh. She never officially married his dad.

I would love it if someone who has been in this situation could shed some light on the subject.

Thanks,

Dan and Pat

[Jojo92122 1,924]

It's too late for a K-2. A K-2 can only be issued up to one year after the K-1 is issued. Once the year is up, the K-2 option ends.

You will need to file an I-130 for your stepson. This is the quickest way to bring him over. It will take about 6-12 months.

If your LPR wife files for him, it will take 3 years.

You will need the biological father's permission for his son to immigrate to the US. The US Embassy/Consulate will need a notarized statement from the father allowing his son to immigrate to the US.

Read the Guides: http://www.visajourney.com/content/guides

[Ning 619]

Hello all,

My wife and I moved to the U.S. in November 2009. We made the decision to leave her little boy Pooh (5), with family and his dad until we had enough money for him to join us. Time flew and we were very broke for awhile. Long story short I'm assuming that his K-2 visa to follow has expired. We dearly miss him and want him here with us, but I want to make sure I'm doing things the right way.

If I understand correctly I now need to file an I-130 and have him joining family as either a stepson or son of my spouse Pat (who is now conditional permanent resident).

I was reading though and I saw a description of an I-824. Since Pat already had a K-1 visa, can Pooh join us on an I-824 and would this make things any faster.

Specifically I was confused about my wife's marital status at the time she had Pooh. She never officially married his dad.

I would love it if someone who has been in this situation could shed some light on the subject.

Thanks,

Dan and Pat

The fathers permission will become the focal point of this action. Contact the embassy to request the sample letter they have. It must be submitted in Thai & English which they do not tell you. Hopefully this father will do what few want to do & just sign. The embassy has also required some of these fathers to come to the embassy to be interviewed in two cases I know of.

It will do no good to apply for a visa if he wont sign so I suggest you look into what he will agree to do first.

[Ning 619]

Hello all,

My wife and I moved to the U.S. in November 2009. We made the decision to leave her little boy Pooh (5), with family and his dad until we had enough money for him to join us. Time flew and we were very broke for awhile. Long story short I'm assuming that his K-2 visa to follow has expired. We dearly miss him and want him here with us, but I want to make sure I'm doing things the right way.

If I understand correctly I now need to file an I-130 and have him joining family as either a stepson or son of my spouse Pat (who is now conditional permanent resident).

I was reading though and I saw a description of an I-824. Since Pat already had a K-1 visa, can Pooh join us on an I-824 and would this make things any faster.

Specifically I was confused about my wife's marital status at the time she had Pooh. She never officially married his dad.

I would love it if someone who has been in this situation could shed some light on the subject.

Thanks,

Dan and Pat

I am not sure of why you are confused about her marital status. She was unmarried or single. This is common in Thailand. We dont want to marry these men because we dont want to have to go thru the Thai courts to get divorced if it doesnt work out. It doesnt most of the time. If we marry, the man can & will go after our families assets & probably get them. Those assests are all the family has after generations of effort.

[Dan and Pat! 0]

I am not sure of why you are confused about her marital status. She was unmarried or single. This is common in Thailand. We dont want to marry these men because we dont want to have to go thru the Thai courts to get divorced if it doesnt work out. It doesnt most of the time. If we marry, the man can & will go after our families assets & probably get them. Those assests are all the family has after generations of effort.

Thanks for your replies everyone. I'm sending the I-130 off on Friday. Are there any other forms that I should do at the same time?

Ning, I agree 100%. What I was suggesting is that she might be able to file an I-824 and re-open the file. However I there was something about her marriage status when I looked on the USCIS website that would have held the process up. From the research I have done it seems like the I-824 would be slower than the I-130, so that suggestion is out anyway.

[Jojo92122 1,924]

Thanks for your replies everyone. I'm sending the I-130 off on Friday. Are there any other forms that I should do at the same time?

Ning, I agree 100%. What I was suggesting is that she might be able to file an I-824 and re-open the file. However I there was something about her marriage status when I looked on the USCIS website that would have held the process up. From the research I have done it seems like the I-824 would be slower than the I-130, so that suggestion is out anyway.

The I-130 and photocopies (don't send originals) of the supporting documents are all you need to start. The NVC will ask for the I-864 and DS-230 later.

The I-824 route is closed. The K-2 route is no longer possible because it has been more than 1 year since the K-1 was issued. If you were to pursue it, it would have ended in a denial because you would be applying for a benefit that your stepson no longer qualifies for. The I-130 is your only choice at this point.

[Dan and Pat! 0]

The I-130 and photocopies (don't send originals) of the supporting documents are all you need to start. The NVC will ask for the I-864 and DS-230 later.

The I-824 route is closed. The K-2 route is no longer possible because it has been more than 1 year since the K-1 was issued. If you were to pursue it, it would have ended in a denial because you would be applying for a benefit that your stepson no longer qualifies for. The I-130 is your only choice at this point.

Thank you Jojo, this was exactly what I wanted to know. I found the whole I-824 thing very confusing, glad it's off the table.

Everyone I appreciate the advice, we have been talking to other about this situation and received a lot of negativity about leaving Pooh in Thailand. Thank you for the advice without judgement.

[Jojo92122 1,924]

Thank you Jojo, this was exactly what I wanted to know. I found the whole I-824 thing very confusing, glad it's off the table.

Everyone I appreciate the advice, we have been talking to other about this situation and received a lot of negativity about leaving Pooh in Thailand. Thank you for the advice without judgement.

Good luck with everything.

Leaving her son behind must have been very tough for your wife. I am sure she is doing what she can, when she can, to make a better life for her, you, and her son. When it comes to immigrating to the US, people have to make tough choices - choices where you will find people on opposite sides. Sometimes, there is no right or wrong. Sometimes, it's about making sacrifices in the short term for a long term benefit.