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spunky66

Had son on K-1 visa -- now what ????

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Filed: K-1 Visa Country: Philippines
Timeline

I brought my filippino fiance here to the US on a K-1 visa, and married her. (L) I had her 10 yr old son put on her K-1 visa , because I thought this would be best. We are awaiting her Green card approval

Now :huh:

During this time when were getting the paperwork ready for her interview ; she noticed they had used a wrong spelling on her sons birth certificate. It took 5 months to get that changed and well; she had to go thru the interview and physcial alone and he had to stay at home with his grandparents.

So now we finally have a correct birth certificate and are ready to get an passport and interview.

So; since he didnt make it to the orginal interview on the K-1 visa; is it a wash ???

I guess we just wait for her to receive her green card and then file a I-130 ???

Anyone been thru this ???

Regards to all and good luck

Met online Sept 2004

My first trip to Cebu ,March 2005

My second trip to Cebu,Oct 2005

File I-129 Nov 22nd,2005 Nebraska SVC

NOA 1, Dec 5,2005

NOA 2, Dec 16,2005

Packet received in Manila Consulate Jan 11th, 2006

My 3rd trip Feb, 2006

St Lukes exam date - May 2nd- Passed

Interview Date- May 16th

Got the Visa !! May26, 2006

June 6th, 2006 Rosemarie in Indiana

August 19th, 2006 , happily married couple !!!!

Oct 11th , Applied for LPR Status

Dec 22nd, Green card arrived

Jan 22nd back to PI for sons visa

Feb 7th St Lukes

Feb 14th Visa Interview

Limbo ?????????

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Filed: AOS (apr) Country: Philippines
Timeline
I brought my filippino fiance here to the US on a K-1 visa, and married her. (L) I had her 10 yr old son put on her K-1 visa , because I thought this would be best. We are awaiting her Green card approval

Now :huh:

During this time when were getting the paperwork ready for her interview ; she noticed they had used a wrong spelling on her sons birth certificate. It took 5 months to get that changed and well; she had to go thru the interview and physcial alone and he had to stay at home with his grandparents.

So now we finally have a correct birth certificate and are ready to get an passport and interview.

So; since he didnt make it to the orginal interview on the K-1 visa; is it a wash ???

I guess we just wait for her to receive her green card and then file a I-130 ???

Anyone been thru this ???

Regards to all and good luck

K-2's have follow on benefits for up to one year after the K-1 beneficiary so you need to exhaust that avenue first. It may be too late but that would be the way if it is still an option. If you do go the I-130 route who will be the petitioner?

YMMV

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Filed: Citizen (apr) Country: China
Timeline
K-2's have follow on benefits for up to one year after the K-1 beneficiary so you need to exhaust that avenue first. It may be too late but that would be the way if it is still an option. If you do go the I-130 route who will be the petitioner?
If they go the I-130 route the LPR needs to be the petitioner. In this case the approximate timing is about 2 years to process the petition at CSC, and VSC.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

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The USC would be the petitioner if they go the I 130 route.... he is the step parent.

I'm sure they can start that any time they wish....not sure they have to wait for her to get the greencard.

married Dec '03 in US

Feb 04...... I 130 filed......................approved August 04

March 04... I 129F filed....................approved October 04

August 04...I 130 for children filed....approved September 04

Interview: Jan 19 2005 in Sydney

~~~~K3/K4 Visas granted~~~~~

Leave for New Hampshire 27 January 05

We are Home!!!!! :o)

AOS timeline....round 1

2/16/05 I-765 mailed to Chicago

5/24/05 EAD approved

7/11/05 Started work!!

AOS....round 2 (to finally finish things off)

10/25/06 NOA1 for AOS/EAD

11/16/06 Transferred to CSC

11/17/06 Biometrics appt

11/27/06 Touched "Case now pending at CSC"

1/12/07 EAD "touched"

1/16/07 EAD "touched"

1/17/07 EAD approved "Card production Ordered"

1/20/07 I 485 "touched"

1/22/07 EAD card received

6/13/07 Transferred back to Missouri....grrrrrrr

7/23/07 Interview date! FINALLY!

7/23/07 AOS APPROVED!!! :o) 10 yr Greencard I 551 stamp in passport.

7/28/07 Welcome letter received

7/28/07 Card production ordered.

8/1/07 Approval notice senT

8/3/07 Greencards received in mail!

~~~WE ARE DONE~~~

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Filed: AOS (apr) Country: Philippines
Timeline
The USC would be the petitioner if they go the I 130 route.... he is the step parent.

I'm sure they can start that any time they wish....not sure they have to wait for her to get the greencard.

The point of my question was to inquire what the OP was thinking. Not everyone knows that not only would the USC be the petitioner but HAS to be.

YMMV

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Filed: K-1 Visa Country: England
Timeline
I brought my filippino fiance here to the US on a K-1 visa, and married her. (L) I had her 10 yr old son put on her K-1 visa , because I thought this would be best. We are awaiting her Green card approval

Now :huh:

During this time when were getting the paperwork ready for her interview ; she noticed they had used a wrong spelling on her sons birth certificate. It took 5 months to get that changed and well; she had to go thru the interview and physcial alone and he had to stay at home with his grandparents.

So now we finally have a correct birth certificate and are ready to get an passport and interview.

So; since he didnt make it to the orginal interview on the K-1 visa; is it a wash ???

I guess we just wait for her to receive her green card and then file a I-130 ???

Anyone been thru this ???

Regards to all and good luck

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 - I-130.

I see that your visa was issued in May 06. You have until then to use the child's "follow to join" benefits. You would have to file both a DS-156 and DS-230 (if I remember correctly), but I would simply call the consulate and ask them to send you the necessary forms for your child to apply for a K-2 visa using their "follow to join" benefits.

The I-130 will take considerably longer than the "follow to join" route, and in this case the USC can petition for the child (if you married before the child turned 18) or the alien parent can petition for the child once they become a LPR.

Good Luck!

Our journey started in 2001 and it's still not over. It's been a rollercoaster ride all the way! Let me off - I wanna be sick!

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Filed: AOS (apr) Country: Philippines
Timeline

I brought my filippino fiance here to the US on a K-1 visa, and married her. (L) I had her 10 yr old son put on her K-1 visa , because I thought this would be best. We are awaiting her Green card approval

Now :huh:

During this time when were getting the paperwork ready for her interview ; she noticed they had used a wrong spelling on her sons birth certificate. It took 5 months to get that changed and well; she had to go thru the interview and physcial alone and he had to stay at home with his grandparents.

So now we finally have a correct birth certificate and are ready to get an passport and interview.

So; since he didnt make it to the orginal interview on the K-1 visa; is it a wash ???

I guess we just wait for her to receive her green card and then file a I-130 ???

Anyone been thru this ???

Regards to all and good luck

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 - I-130.

I see that your visa was issued in May 06. You have until then to use the child's "follow to join" benefits. You would have to file both a DS-156 and DS-230 (if I remember correctly), but I would simply call the consulate and ask them to send you the necessary forms for your child to apply for a K-2 visa using their "follow to join" benefits.

The I-130 will take considerably longer than the "follow to join" route, and in this case the USC can petition for the child (if you married before the child turned 18) or the alien parent can petition for the child once they become a LPR.

Good Luck!

This might be insignificant in this paricularlar case but K-2 "follow to join" benefits are available for one year as long as the child was named on the original I-129F (which we are assuming to be the case)

YMMV

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Filed: K-1 Visa Country: Philippines
Timeline

Thank you very much; kinda cornfused here; much clearer now

Yes, he was listed on the orginal I-129

Thanks again, I need to update my timeline

Met online Sept 2004

My first trip to Cebu ,March 2005

My second trip to Cebu,Oct 2005

File I-129 Nov 22nd,2005 Nebraska SVC

NOA 1, Dec 5,2005

NOA 2, Dec 16,2005

Packet received in Manila Consulate Jan 11th, 2006

My 3rd trip Feb, 2006

St Lukes exam date - May 2nd- Passed

Interview Date- May 16th

Got the Visa !! May26, 2006

June 6th, 2006 Rosemarie in Indiana

August 19th, 2006 , happily married couple !!!!

Oct 11th , Applied for LPR Status

Dec 22nd, Green card arrived

Jan 22nd back to PI for sons visa

Feb 7th St Lukes

Feb 14th Visa Interview

Limbo ?????????

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