US Citizen petition for step-child to come to US from UK

[giraffemoon 0]

Hi all, been a while since I've been on, I hope everything is great for everyone or getting there at least! I married my US husband 3 years ago, we live in NY. I received my perm res card last October 2005. I have a 9 year old daughter, living with her Father in England. She is having problems with him and her Step-Mother and now wants to come live with us. My question is can my US Citizen husband petition for her to come here, she is his step-child, and so does that mean she's an automatic relative? Or do I have to petition as a perm res? All help would be much appreciated, thanks.. I got this off the gov website, but not sure if it's this simple!

Definition of a Child-A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18

A U.S. citizen’s unmarried, minor child is considered an immediate relative, does not need a visa number, and is eligible to receive an immigrant visa immediately.

thanks again, in advance

[ralphlyn 0]

Hello....You're right, your husband can petition your 9 yr old kid,which is considered as immediate relative. Im in the same process right now and you wont believe its so fast..I have my 16 yr old son in the Philippines. We started the I-130 petition which my husband applied last Aug 2006. It was approved yesterday. We're just waiting for the letter from the USCIS on what will be the next step..Good Luck. and Go for it....God bless.

-LyN

[ralphlyn 0]

By the way, I'm a conditional Permanent Resident and just got my greencard last June 2006. My husband is a US Citizen. I still have my 2 boys,ages, 21 & 22 that i havent filed for a petition. Thats my concern as of this time. Anyway, Good luck and hope to hear some good news from you the next time you go online.

-LyN

[Dollyllama 0]

As you are a Permanent Resident YOU can file for your daughter as she is under 21.

[ralphlyn 0]

http://www.visajourney.com/forums/index.ph...&page=child

http://www.visajourney.com/forums/index.ph...p;page=childpet

[Shari 6]

As you are a Permanent Resident YOU can file for your daughter as she is under 21.

Hi Dollyllama. My husband (permanent resident) wants to petition for his 17 year old, unmarried daughter. I read somewhere that this is called "Following-To-Join Benefits". Do you know anything about this, how long the process takes? Thanks so much.

[Traditions Way 0]

Hi, Shari! I found answer for your question:

Following-to-Join Benefits

Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as the immediate relative of a U.S. citizen.

If you had children before you became a lawful permanent resident, and your children did not physically accompany you to the United States, and you would now like your children to join you in the United States, your children may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your children, and your children will not have to wait any extra time for a visa number to become available. In this case, you can simply notify a U.S. consulate that you are a lawful permanent resident so that your children can apply for immigrant visas. If, however, you immigrated to the U.S. as an immediate relative of a U.S. citizen who did not or could not petition for your children, you will need to file a separate I-130, Petition for Alien Relative. In this case, see How Do I Bring My Child, Son or Daughter to Live in the U.S.?

Your children may be eligible for following-to-join benefits if:

You immigrated on the basis of a fiancé(e) petition

You immigrated on the basis of a diversity immigrant application

You immigrated on the basis of an employment-based petition

You immigrated on the basis of a petition filed by your brother or sister

You immigrated on the basis of an immigrant petition filed by your U.S. citizen parent(s) when you were married or when you were unmarried and over 21 years of age

You immigrated on the basis of your relationship with your lawful permanent resident parents when you were unmarried

Edited November 11, 2006 by Traditions Way

[Girona40 0]

Shari,

As I told you in my PM last week, "follow to join" benefits are only applicable (in the case of a K) for up to one year after the orginal K-1 enters the US. This is not now an option for your husband's daughter.

Your husband can petition for his daughter and file an I-130. However, it would be quicker for YOU to file for her as she is your stepchild (marriage took place before she was 18). She would then be considered a step-child of a US citizen. Again, you would have to file an I-130, but it shouldn't actually take that long to process, or as long.

[Shari 6]

Glenys:

I see WHAT you are saying, but WHERE does it state the one year limitation below:

"Following-to-Join Benefits

Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as the immediate relative of a U.S. citizen.If you had children before you became a lawful permanent resident, and your children did not physically accompany you to the United States, and you would now like your children to join you in the United States, your children may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your children, and your children will not have to wait any extra time for a visa number to become available. In this case, you can simply notify a U.S. consulate that you are a lawful permanent resident so that your children can apply for immigrant visas. If, however, you immigrated to the U.S. as an immediate relative of a U.S. citizen who did not or could not petition for your children, you will need to file a separate I-130, Petition for Alien Relative. In this case, see How Do I Bring My Child, Son or Daughter to Live in the U.S.?"

What I highlighed in red does not stipulate the one year limit. I know I have read about the one year limit somewhere, but in what I had read before I never read it was called "Following to Join Benefits" and so I thought this "Following to Join Benefits" was a NEW provision, though I have been wrong before - ha ha

[Girona40 0]

The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

http://travel.state.gov/visa/immigrants/ty...4.html#Children

I can't figure out how to gain information from the newly re-vamped USCIS website - it's horrible! But this is from the State Department, who issue the visas.

I don't know, Shari, where you obtained the paragraph you post, regarding follow-to-join, but in the years I have been dealing with the USCIS there is a lot of "silent" language and a lot of language that is often overlooked by the prospective applicant. I think the word that is important in the paragraph you quote is "MAY" i.e...."your children may be eligible for following-to-join benefits" Yes, a child MAY be eligible, but this would be IF you are applying for those benefits within one year of the issuance of the parent's K-1 visa. This is not an option for you guys.

I don't know why you are not commenting on the option that is open to you - YOU petition for her as your step-daughter. IMO that would be the simplest way, and the quickest.

The "follow to join" benefit is not a new benefit, or provision.

Hope this helps answer your question.

G.

Glenys:

I see WHAT you are saying, but WHERE does it state the one year limitation below:

"Following-to-Join Benefits

Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as the immediate relative of a U.S. citizen.If you had children before you became a lawful permanent resident, and your children did not physically accompany you to the United States, and you would now like your children to join you in the United States, your children may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your children, and your children will not have to wait any extra time for a visa number to become available. In this case, you can simply notify a U.S. consulate that you are a lawful permanent resident so that your children can apply for immigrant visas. If, however, you immigrated to the U.S. as an immediate relative of a U.S. citizen who did not or could not petition for your children, you will need to file a separate I-130, Petition for Alien Relative. In this case, see How Do I Bring My Child, Son or Daughter to Live in the U.S.?"

What I highlighed in red does not stipulate the one year limit. I know I have read about the one year limit somewhere, but in what I had read before I never read it was called "Following to Join Benefits" and so I thought this "Following to Join Benefits" was a NEW provision, though I have been wrong before - ha ha

Edited November 13, 2006 by Girona40

[Shari 6]

Thanks Glenys. All the wording on EVERYTHING can drive you crazy. The only reason I keep questioning it is that fellow VJer Raymaga said when she brought her daughter over within the year all she did was send Form DS-230, Part I to the consulate and then gather all the necessary documents for the interview and then request an interview date. She did not fill out the I-824 (Follow-to-Join), so when I read about the I-824 I knew it was a different form than you use when you bring you children over within the year.

I emailed London last week asking about this, and of course no response, so I will email again. But thanks for your replies. You are the prime example of how the goverment interprets things THEIR way. I did not mean to question you so much as to try to understand completely.

Shari

The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

http://travel.state.gov/visa/immigrants/ty...4.html#Children

I can't figure out how to gain information from the newly re-vamped USCIS website - it's horrible! But this is from the State Department, who issue the visas.

I don't know, Shari, where you obtained the paragraph you post, regarding follow-to-join, but in the years I have been dealing with the USCIS there is a lot of "silent" language and a lot of language that is often overlooked by the prospective applicant. I think the word that is important in the paragraph you quote is "MAY" i.e...."your children may be eligible for following-to-join benefits" Yes, a child MAY be eligible, but this would be IF you are applying for those benefits within one year of the issuance of the parent's K-1 visa. This is not an option for you guys.

I don't know why you are not commenting on the option that is open to you - YOU petition for her as your step-daughter. IMO that would be the simplest way, and the quickest.

The "follow to join" benefit is not a new benefit, or provision.

Hope this helps answer your question.

G.

Glenys:

I see WHAT you are saying, but WHERE does it state the one year limitation below:

"Following-to-Join Benefits

Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as the immediate relative of a U.S. citizen.If you had children before you became a lawful permanent resident, and your children did not physically accompany you to the United States, and you would now like your children to join you in the United States, your children may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your children, and your children will not have to wait any extra time for a visa number to become available. In this case, you can simply notify a U.S. consulate that you are a lawful permanent resident so that your children can apply for immigrant visas. If, however, you immigrated to the U.S. as an immediate relative of a U.S. citizen who did not or could not petition for your children, you will need to file a separate I-130, Petition for Alien Relative. In this case, see How Do I Bring My Child, Son or Daughter to Live in the U.S.?"

What I highlighed in red does not stipulate the one year limit. I know I have read about the one year limit somewhere, but in what I had read before I never read it was called "Following to Join Benefits" and so I thought this "Following to Join Benefits" was a NEW provision, though I have been wrong before - ha ha

[Girona40 0]

Shari, There are several other visa catagories that allow children "follow to join" benefits. The I-824 is a form that, amongst other things, you use when applying for a duplicate approval notice naming a spouse or child(ren) following-to-join the principal beneficiary on an approved IMMIGRANT petition. http://www.ilw.com/forms/i-824.pdf As you know the K visa is a NON-IMMIGRANT petition, therefore, this form would not be pertinent to your case.

We dealt with the Embassy in London, who issued my son's visa. The guy we spoke to there said to put his name on the e-mail and he would respond to it personally. He was true to his word and did a lot of running around for us, trying to gain answers. The address we used was londonconsular@state.gov and we put "For the Attention of Rhett" in the subject line. If I haven't been able to answer your question, you may want to try him.

Good Luck and still I think you should consider sponsoring Keith's daugher yourself. There would be no waitng for a visa number to become available, as she is an immediate relative of a US citizen (since you and Keith married before she turned 18).

Hugs

Glenys

Thanks Glenys. All the wording on EVERYTHING can drive you crazy. The only reason I keep questioning it is that fellow VJer Raymaga said when she brought her daughter over within the year all she did was send Form DS-230, Part I to the consulate and then gather all the necessary documents for the interview and then request an interview date. She did not fill out the I-824 (Follow-to-Join), so when I read about the I-824 I knew it was a different form than you use when you bring you children over within the year.

I emailed London last week asking about this, and of course no response, so I will email again. But thanks for your replies. You are the prime example of how the goverment interprets things THEIR way. I did not mean to question you so much as to try to understand completely.

Shari

The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

http://travel.state.gov/visa/immigrants/ty...4.html#Children

I can't figure out how to gain information from the newly re-vamped USCIS website - it's horrible! But this is from the State Department, who issue the visas.

I don't know, Shari, where you obtained the paragraph you post, regarding follow-to-join, but in the years I have been dealing with the USCIS there is a lot of "silent" language and a lot of language that is often overlooked by the prospective applicant. I think the word that is important in the paragraph you quote is "MAY" i.e...."your children may be eligible for following-to-join benefits" Yes, a child MAY be eligible, but this would be IF you are applying for those benefits within one year of the issuance of the parent's K-1 visa. This is not an option for you guys.

I don't know why you are not commenting on the option that is open to you - YOU petition for her as your step-daughter. IMO that would be the simplest way, and the quickest.

The "follow to join" benefit is not a new benefit, or provision.

Hope this helps answer your question.

G.

Glenys:

I see WHAT you are saying, but WHERE does it state the one year limitation below:

"Following-to-Join Benefits

Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as the immediate relative of a U.S. citizen.If you had children before you became a lawful permanent resident, and your children did not physically accompany you to the United States, and you would now like your children to join you in the United States, your children may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your children, and your children will not have to wait any extra time for a visa number to become available. In this case, you can simply notify a U.S. consulate that you are a lawful permanent resident so that your children can apply for immigrant visas. If, however, you immigrated to the U.S. as an immediate relative of a U.S. citizen who did not or could not petition for your children, you will need to file a separate I-130, Petition for Alien Relative. In this case, see How Do I Bring My Child, Son or Daughter to Live in the U.S.?"

What I highlighed in red does not stipulate the one year limit. I know I have read about the one year limit somewhere, but in what I had read before I never read it was called "Following to Join Benefits" and so I thought this "Following to Join Benefits" was a NEW provision, though I have been wrong before - ha ha

Edited November 14, 2006 by Girona40

[Yodrak 7]

Shari,

The 1-year stipulation for the following-to-join benefit for the child of a K1 or K3 can be found in the law and regulations that apply specifically to K visas.

Yodrak

Glenys:

I see WHAT you are saying, but WHERE does it state the one year limitation below:

"Following-to-Join Benefits

Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as the immediate relative of a U.S. citizen.If you had children before you became a lawful permanent resident, and your children did not physically accompany you to the United States, and you would now like your children to join you in the United States, your children may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your children, and your children will not have to wait any extra time for a visa number to become available. In this case, you can simply notify a U.S. consulate that you are a lawful permanent resident so that your children can apply for immigrant visas. If, however, you immigrated to the U.S. as an immediate relative of a U.S. citizen who did not or could not petition for your children, you will need to file a separate I-130, Petition for Alien Relative. In this case, see How Do I Bring My Child, Son or Daughter to Live in the U.S.?"

.....

Edited November 14, 2006 by Yodrak

[Shari 6]

Shari,

The 1-year stipulation for the following-to-join benefit for the child of a K1 or K3 can be found in the law and regulations that apply specifically to K visas.

Yodrak

.....

Thanks Yodrak. We will proceed with I-130 after Christmas.

Edited November 14, 2006 by Shari

[Yodrak 7]

Shari,

I should have included in my previous post, see 9 FAM 41.81 (Fiance(e)s) Notes, N12.

Yodrak

Shari,

The 1-year stipulation for the following-to-join benefit for the child of a K1 or K3 can be found in the law and regulations that apply specifically to K visas.

Yodrak

.....

Thanks Yodrak. We will proceed with I-130 after Christmas.