Child of K1 Visa Holder

[iamlianne 0]

Hello Ladies and Gents i have some questions and hopefully you can help me or give me ideas

So iam a K1 visa Holder and currently living in Colorado Springs. i entered USA on Nov.14 2011 and tie-the-knot on Jan 17 2012.. Me and my husband are working for my Adjustment of Status.

I have my Kids left in the Philippines. they are 5 and 4 years old.. i miss them more than anything in this World. they are on My husband"s (Fiance that time)petition when we were applying for K1 but we chose them to follow after we get married.

my questions are:

* what is the first step for us to bring my boys here ? do we need to apply petition for them ?

*can we apply adjustment of status for them even they are still in the Philippines? if yes does the $1080 will cover us 3? or we need to pay seperately for them?

Thank you in advance and hope to hear from y'all..

[baron555 934]

H

my questions are:

* what is the first step for us to bring my boys here ? do we need to apply petition for them ?

You email the Embassy and request for their interview, or however you schedule an interview for the Phils. They will also each need to have their medical completed prior to the interview.

*can we apply adjustment of status for them even they are still in the Philippines? if yes does the $1080 will cover us 3? or we need to pay seperately for them?

No, they need to come to the US (and be given a I-94 at POE, as you were given) which is in part part of the AOS process.

No, the charge will be greater for yourself plus two children. Read the instructions, it's all in there.

Thank you in advance and hope to hear from y'all..

[Scafidi454 22]

I think that you have to apply for K-3 visas, but maybe that's prior to marriage - After I think it's a CR-3 visa...

[Michael Ruffin 1]

So, are you in the process of getting your green card so you can travel outside of the USA? My fiance has 2 kids also and we are in the early stages of the K-1 visa. I am convincing her to bring them along because I feel it is much easier from a money standpoint come all at once! I just don't want to risk the mental well-being of the mom and children being apart for so long. Airfare will be to expensive buying round trip for her or I. Well good luck!

Michael

[CristiFur 15]

So, are you in the process of getting your green card so you can travel outside of the USA? My fiance has 2 kids also and we are in the early stages of the K-1 visa. I am convincing her to bring them along because I feel it is much easier from a money standpoint come all at once! I just don't want to risk the mental well-being of the mom and children being apart for so long. Airfare will be to expensive buying round trip for her or I. Well good luck!

Michael

I totally agree with you in the aspect of mental and psychological well being of the parents and children being apart specially if they are young have always been together. It would also be a lot easier to deal with it at one time. My Fiance parents are against bringing her daughter at the same time cause of the uncertainties of such arrangement. But I would not have it any other way. I just don't think she would b truly be happy and mentally sound if she was to leave her daughter..I know I would not if I had to leave the country with out my son. Just my 2 cents. Well good luck to all on our Journey..

[CristiFur 15]

Since they were originally on the petition and if you indicated on one of the forms that they were to follow, I think all you need to do now is call the USEM and arrange an interview. They would also need medical and paper works (157, 156, I-134, etc..) minus the Fiance application (I-156K).

This my understanding from prior post, so anyone please correct me if this is incorrect.

[Michael Ruffin 1]

How long has it been since you left your kids? I read you posting that your husband put them on the original your K-1 visa for benefits, but the join and follow for K-2 petitioners are only good for one year after you are issued your visa. If I am correct, the AOS process takes 2 years. What I mean is you will not be allowed to leave the USA upon entry until you get a green card to travel which takes 2 years. So, unless you have plans for another family member bring them to the USA, you might be beyond the 1 year join and follow on the original petition. So, I guess you would have to file a IR2 petition for you kids (I-130) and that is another 5-6 month approval time just like your I-129 petition process. It might be less than 5 months. Ok, I read it again and you are still within the 1 year timeframe on a K-2 visa. So, i guess you call the embassy for the interview and schedule the medical exam, but still think you might have problem because Phillipine laws travelling of minors. I am bring this up because I am thinking about this process with my fiance now. Did you deal with travel affidavit back in the Phillipines for minor children not travelling with parent. Here is the link I found on that subject: My link. I might be making more out of this subject but unless the family member watching your kids can get a B-1 visa to travel and they have prior permission to be allowed to travel with this family member. The only legal person allow to flight them out of the country would be you the parent and I don't think you would be allow to leave the USA after entry on the K-1 visa until you get your green card. The green card takes 2 years to get. There is somekind of earlier permission thing you might be allowed to apply for be able to leave while your

AOS is being reviewed. Like I said I might be making more out of this but if not you need look at the stuff i mentioned because I have to deal with the issues as you and why I jut chose to bring them along with her when she goes for her interview.

Good Luck!

[Dean_De 61]

Hello Ladies and Gents i have some questions and hopefully you can help me or give me ideas

So iam a K1 visa Holder and currently living in Colorado Springs. i entered USA on Nov.14 2011 and tie-the-knot on Jan 17 2012.. Me and my husband are working for my Adjustment of Status.

I have my Kids left in the Philippines. they are 5 and 4 years old.. i miss them more than anything in this World. they are on My husband"s (Fiance that time)petition when we were applying for K1 but we chose them to follow after we get married.

my questions are:

* what is the first step for us to bring my boys here ? do we need to apply petition for them ?

*can we apply adjustment of status for them even they are still in the Philippines? if yes does the $1080 will cover us 3? or we need to pay seperately for them?

Thank you in advance and hope to hear from y'all..

Did the AOS fee increased? I thought it was 1,070?

[iamlianne 0]

Thank you so much to all responce i really appriciate. and this is so helpful for me.. yeah being far apart from my kids is so hard specially when they dont want to talk to me and keep asking why i had to leave them with my family

anyways iam reviewing all your comments and advices THANK YOU SO MUCH

[iamlianne 0]

THANK YOU FOR THE RESPONCE .. WE ARE GOING TO CALL THE USEM AND HOPEFULLY THE PROCESS WONT TAKE THAT LONG CUZ IM DYING TO HOLD MY KIDS

[iamlianne 0]

So, are you in the process of getting your green card so you can travel outside of the USA? My fiance has 2 kids also and we are in the early stages of the K-1 visa. I am convincing her to bring them along because I feel it is much easier from a money standpoint come all at once! I just don't want to risk the mental well-being of the mom and children being apart for so long. Airfare will be to expensive buying round trip for her or I. Well good luck!

Michael

Yes Michael, iam in the process of getting my greencard we applied for aos, employment and advance parole. and i agree that it is more easier and you will save lots of money if your fiancee and kiddos will come to the USA at the same time.. cuz its really hard to be apart from them

GOOD LUCK TO YOU TOO

Lianne

Did the AOS fee increased? I thought it was 1,070?

sorry my bad it is $1070

[iamlianne 0]

Since they were originally on the petition and if you indicated on one of the forms that they were to follow, I think all you need to do now is call the USEM and arrange an interview. They would also need medical and paper works (157, 156, I-134, etc..) minus the Fiance application (I-156K).

This my understanding from prior post, so anyone please correct me if this is incorrect.

THANK YOU SO MUCH FOR THE RESPONCE

[ScottThuy 140]

Two paths are available depending on if they were documented as FTJ in the K1... as long as they were included in the K1, you only need to contact the Embassy letting them know that you want to start the proccess for the children. The proccess is different form one country to another. The visa must be issued within 1 year... so keep in mind that it takes time from when you let them know until they schedule the interview. We went through this and were told that sine I sent the original I797 in with her AOS that we were out of luck so we are heading down path 2..

FTJ is far cheaper...

Path 2: filing an I130...

to correct some misinformation provided above, once you get the 2 year GC you can travel using that greencard and can be outside of the US for up to 6 months without causing any issues with YOUR immigration status. So as soon as you get your 2 yr GC you can head back to PI and work on the FTJ...

[iamlianne 0]

Two paths are available depending on if they were documented as FTJ in the K1... as long as they were included in the K1, you only need to contact the Embassy letting them know that you want to start the proccess for the children. The proccess is different form one country to another. The visa must be issued within 1 year... so keep in mind that it takes time from when you let them know until they schedule the interview. We went through this and were told that sine I sent the original I797 in with her AOS that we were out of luck so we are heading down path 2..

FTJ is far cheaper...

Path 2: filing an I130...

to correct some misinformation provided above, once you get the 2 year GC you can travel using that greencard and can be outside of the US for up to 6 months without causing any issues with YOUR immigration status. So as soon as you get your 2 yr GC you can head back to PI and work on the FTJ...

Thank you for sharing this! so it means as long as i have my greencard i can go back to the PI even i dont have the advance parole? i have until Sept 19 before the 1 year of my visa issuance.. hopefully to get them this April or May.. depends on when they will give the decission for my Status..