K2 I130 ??

[ridgid 0]

Hello everyone. my wife has been recently approved for a green card and now we are ready to petition her child (4yrs old), which I included on my fiance petition (I129F) as to follow.

questions:

1. who should petition the child, me or my wife?

2. what petition to file? k2 or I130?

3. where should we file, united states or philippines?

4. is there any step by step guide for this?

I have been told to update my derivative k2, I called and was told I could not file k2 anymore because my wife is here in US already.

Also called philippine us embassy and was told I can file k2 as long as my wife's visa is not yet expired.

We are confused on what to do. Please help.

[RICARDO4EVA2 194]

Hello everyone. my wife has been recently approved for a green card and now we are ready to petition her child (4yrs old), which I included on my fiance petition (I129F) as to follow.

questions:

1. who should petition the child, me or my wife?

2. what petition to file? k2 or I130?

3. where should we file, united states or philippines?

4. is there any step by step guide for this?

I have been told to update my derivative k2, I called and was told I could not file k2 anymore because my wife is here in US already.

Also called philippine us embassy and was told I can file k2 as long as my wife's visa is not yet expired.

We are confused on what to do. Please help.

You should apply for the daughter and a follow to join/derriv should work if i remember correctly if not someone would speak on this.

You will go for the K2 Visa. You would not file a !30 because the child is not a relative at this point

You can file the case with USCIS along with the approved NOA2 from your fiance's case.

I dont think there is a step by step guide on here but again maybe someone can find it

Edited February 22, 2012 by RICARDO4EVA2

[Penguin_ie 5,993]

It has been less than a year since your wife got approved, so you can still do a K2 follow-to-join, but must do so before the one year anniversary of her visa.

[JimVaPhuong 4,863]

You should apply for the daughter and a follow to join/derriv should work if i remember correctly if not someone would speak on this.

You will go for the K2 Visa. You would not file a !30 because the child is not a relative at this point

You can file the case with USCIS along with the approved NOA2 from your fiance's case.

I dont think there is a step by step guide on here but again maybe someone can find it

Many errors here. The child IS a relative because the OP married the child's mother before the child was 18. The child is his step-child.

Correct that no I-130 is required. Not correct that he needs to file with USCIS. The child is a derivative of his wife's petition, which USCIS has already approved. He needs to submit a visa application for his step-child at the US embassy in Manila. He can contact the embassy and they will tell him what's required.