friend wants help with kids

[medasman 0]

I have a friend who has been here 7 months has 2 kids in the Philippines both are minor she wants to bring her kids here now she just got her 2 year green card so what papers does she need they where listed as the k-2 but no visa was issued

[jaycali 415]

Why weren't the K-2 visas issued?

If she is currently in CR-1 status (meaning AOS is complete), she can file an I-130 for them based on minor, unmarried children of LPR.

The good news is, it's fully doable, and she can file the I-130 today. Minor, unmarried children is only one of two family categories which LPRs can sponsor.

The bad news is they will be in F2A preference category, which is currently backlogged for all countries, and I would imagine more so for the Philippines.

In other words, it may take a couple years..

Keep in mind that she may have to get the father's consent in the Philippines to bring them out of the country (I'm assuming the USC is not the biological father since they need visas). That is Philippine law though, which I can't help you with.

Edited January 10, 2013 by Jay Jay

[Darnell 8,478]

exactly what visa did said friend use to enter the USA?

[jaycali 415]

exactly what visa did said friend use to enter the USA?

Sounds like K-1. Since the kids were "listed as K-2."

[Darnell 8,478]

ya, but I ask, cause the answer makes a difference, aye?

Let's assume it was a K-1, for the nonce, aye?

Now that she's got a green card in hand from a successful AOS casefile,

and she's still married to the same USCitizen,

The USCitizen can file I-130's on the kids (if they are under 18 at time of marriage).

No queues, no lines, no waiting as in the F2A category - it's immediate relative of a USCitizen and it goes fast.

Edited January 10, 2013 by Darnell

[hikergirl 277]

I thought K2s could come in up to a year? Shouldn’t she be able to just apply for the Visas starting at the NVC stage?

[Darnell 8,478]

K-2's in Manila, for follow to join,

usually are jumpstarted at the Manila IV unit

by simply paying the fees

and scheduling the interview on the Manila IV online scheduling portal thingie.

It really is that easy.

[Darnell 8,478]

ok - K-2 route might be available for this person -

what's the visa validity dates on the K-1 ?

use the earliest date printed in the visa, add 365 days, and

IF it's more than today, she's eligible to file the K-2s with Manila IV.

The 'how' is easy - she simply gets online and schedules the appointments.

She'll need someone in the PI to pay the fees with BPI,

and someone to handle printing of the interview letters

and someone to walk the kids through the medical exams.

[jaycali 415]

The USCitizen can file I-130's on the kids (if they are under 18 at time of marriage). No queues, no lines, no waiting as in the F2A category - it's immediate relative of a USCitizen and it goes fast.

If they were listed as K-2, then the USC is presumably not the father. The mother is an LPR.. Can a USC file an I-130 for kids that are not legally his?

ok - K-2 route might be available for this person - what's the visa validity dates on the K-1 ? use the earliest date printed in the visa, add 365 days, and IF it's more than today, she's eligible to file the K-2s with Manila IV. The 'how' is easy - she simply gets online and schedules the appointments. She'll need someone in the PI to pay the fees with BPI, and someone to handle printing of the interview letters and someone to walk the kids through the medical exams.

Agreed. And don't forget to check what Philippine law says about the father's consent for kids to leave the country..

[Penguin_ie 5,993]

If they were listed as K-2, then the USC is presumably not the father. The mother is an LPR.. Can a USC file an I-130 for kids that are not legally his?

They are legally his, if he married mom when they were under 18, he is now the stepdad and can file.

But I agree with Darnell, if the K1 has been issues less than a year ago do a follow-to-join on the K2, it is the fastest and cheapest option.

[baron555 934]

I have a friend who has been here 7 months has 2 kids in the Philippines both are minor she wants to bring her kids here now she just got her 2 year green card so what papers does she need they where listed as the k-2 but no visa was issued

Email the Embassy and schedule their interviews so a K-2 visa can be issued. Time's a wasting as she only has 3 more months that they are eligible. Get their medicals done....

....What about the Consent to permanently immiigrate to the US from the father? That may be a deal killer if Manila requires it and he doesn't want to do it.

[mik2012 17]

K2 needs to be on US soil prior to the expiration of the one year. If they are even a day over they will not be permitted unless an extension is giving. Like above post- if they already have their passports pay for the visas and schedule the visa appointment and get the medical done. After the medical is done go to the interview (if minor) they need to be accompanied by an adult who has a letter of authorization (power of attorney)or other type of letter stating they are responsilbe for them. Being at 7 months you need to get this done pretty quick.

If the K2 has a listed father and if your annulment does not state you are solely responsible you will need a release. Be sure to go to the Phil Gov website and they will explain what is needed. They will also need to attend the CFO depending upon there ages.

Edited January 10, 2013 by mik2012

[jkelly07 120]

go the k-2 if you listed your children on the 1-129f, you have one year, follow-to-join as a LPR,

[Darnell 8,478]

Email the Embassy and schedule their interviews so a K-2 visa can be issued. Time's a wasting as she only has 3 more months that they are eligible. Get their medicals done....

No need to email about it, as the Manila IV unit has a scheduling portal ONLINE. One simply creates an account, and goes forth.

It really is that straightforward .

Yay Manila IV !

If they were listed as K-2, then the USC is presumably not the father. The mother is an LPR.. Can a USC file an I-130 for kids that are not legally his?

Yup, when married to their mother and if they were under age 18 at time o marriage.