Follow-to-join with new I-130

[qoo 0]

Because follow-to-join has to be done within a year, it is too late (that would have been the fastest option). But as the child is a minor, you can petition for him as your step son. So yes, you will fill the I-130, and the process will take around 9 months. He will definitely need to go to an interview- maybe you can arrange for your wife to fly over for it, and hopefully bring him to the USA after?- and likely a medical.

Hi Penguin_ie,

Is there a case for follow-to-join within 1 year?? I came to US with K1 visa leaving two kids behind Hong Kong. As soon as I got my greencard I filed I-130 for them (within 1 year since I arrived US). Is that mean they will get visa process faster?

Thanks!

[Penguin_ie 5,993]

Is there a case for follow-to-join within 1 year?? I came to US with K1 visa leaving two kids behind Hong Kong. As soon as I got my greencard I filed I-130 for them (within 1 year since I arrived US). Is that mean they will get visa process faster?

Thanks!

No. Follow-to-join would be based on your original petition, ie you would apply for and get K-2 visas for the kids, they'd have to go do AOS once here etc.This usually only takes a few months from when you start the process.

Did you, the greencard holder, file the I-130 or did your USC husband? If the step-dad filed, it will take about a year to get approved, maybe less (assuming you married before kids turned 18). But if you filed, because you are only a greencard holder, it will take 3+years.

[qoo 0]

No. Follow-to-join would be based on your original petition, ie you would apply for and get K-2 visas for the kids, they'd have to go do AOS once here etc.This usually only takes a few months from when you start the process.

Did you, the greencard holder, file the I-130 or did your USC husband? If the step-dad filed, it will take about a year to get approved, maybe less (assuming you married before kids turned 18). But if you filed, because you are only a greencard holder, it will take 3+years.

Oh no, I didn't know there is the Follow-to-join policy at all. When I was in the US consulate in HK, I told the officer I changed my mind and decided to leave my kids and come me later. The officer told me it would be a long wait if I didn't take them with me. I guessed the immigration policy are so many so complicated that even the officers didn't know that I can try to file with "Follow-to-join" within a year I got here. I went to an immigration lawyer office and explained my situation, they didn't mention "Follow-to-join" too. They suggested me as a greencard holder to file for I-130 instead of US citzen step-dad to file as my son was 19, daugther was 16.

Last week, I received NVC sending me letters of DS-3032 and AOS invoice bill. As I seached internet what this stage means, I found this website. Still I am confused but hopeful this stage means my son and daugther will be able to join me within 1 year from now?

Or they will still have to wait for 1-2 years for an interview after this NVC process?

Thanks for your reply.

[Penguin_ie 5,993]

If you filed, it will take around 3 years, assuming the priority dates continue as they are (it could be a bit less or more).

[Deputy Purple 1,294]

They suggested me as a greencard holder to file for I-130 instead of US citzen step-dad to file as my son was 19, daugther was 16. Last week, I received NVC sending me letters of DS-3032 and AOS invoice bill. As I seached internet what this stage means, I found this website. Still I am confused but hopeful this stage means my son and daugther will be able to join me within 1 year from now?

I'm assuming your son was over 18 when you married your USC Husband? If so then you have to file the I-130 for him but your husband could still file an I-130 for your daughter.

FWIW, both kids could have come on K-2 Follow-To-Join Visas if you had contacted the US Embassy to arrange interviews for them and the Visa could have been issued & used before the 1 year anniversary of your K-1 visa issuance.

[Penguin_ie 5,993]

Just thinking... when was your K1 issued? Is it less than a year ago? If so, there may be a chance to cancel the I-130 and put the K2 follow-to-join back into play, saving you about 2.5 years or more. However, I'd like someone else to confirm that/ you to check with a lawyer before you do that, just in case it isn't possible as you already filed I-130.

EDIT: nevermind, I just saw you filed your I-130 a year ago so clearly the marriage/ K1 issuance was longer than a year ago. At least this means as you have already been waiting a year, it should only be another two years or so until your kids can come.

Edited November 28, 2011 by Penguin_ie

[qoo 0]

Hi Pengiun_ie & Bob 4 Anna

Thank you for your reply.

What about the DS-3032…. The letter says

“Unless an adjustment of status in the United States is required, after approving an immigrant visa petition filed in the United States, the U.S. Citizenship and Immigration Service (USCIS), forwards it to the National Visa Center (NVC) where the State Department’s immigrant visa process begins. If the petition is for a visa applicant whose priority date is not likely to be reached in the next year, the petition will be stored at the NVC until that priority date is reached.

When there is an immediate visa available or likely to be available within the next 9 months, NVC will send a letter enclosing the Choice of Agent and Address Form (DS-3032) to all of the applicants with a few exceptions.....

My kids priority date is Dec19,2010. They are working on Feb2009.

According to what you said, this is almost 2 years of wait.

But this letter says “likely to be within 9 months”…will they be able to come sooner?

[qoo 0]

Hi Pengiun,

I read one of your message talking about the child have to be under 21 when come to US with F2A visa.

As my son is now 20 years old, what should I do if he still doesn’t get to visa next year?

Is there some age out protection filing I shall prepare to do?

[Deputy Purple 1,294]

My kids priority date is Dec19,2010. They are working on Feb2009.

According to what you said, this is almost 2 years of wait.

But this letter says "likely to be within 9 months"…will they be able to come sooner?

All that letter is saying is that you should receive a letter from the NVC about 9 months before a Visa Number is available for them, that's all...

Edited November 30, 2011 by Bob 4 Anna

[qoo 0]

All that letter is saying is that you should receive a letter from the NVC about 9 months before a Visa Number is available for them, that's all...

Hi Bob 4 Anna

Thank you for your reply.

Oh no : ( So the NVC Case Number is not a visa number.

[Deputy Purple 1,294]

Hi Bob 4 Anna

Thank you for your reply.

Oh no : ( So the NVC Case Number is not a visa number.

Unfortunately no it isn't.