Jump to content
KevinF

Help with child coming from France

By KevinF in Bringing Family Members of Permanent Residents to America

 Share

10 posts in this topic

Recommended Posts

KevinF Explorer

KevinF   3

Posted
Filed: Lift. Cond. (pnd) Country: France
 Timeline
Posted

Hello all,

My wife came here two years ago on a K-1 visa. She has two children that live in France (age 9 and 15). One of the children wishes to come here now. I know he could have have come with her in the first year under the K-1 privilege. Its been two years though. Its another question now.

I know she needs to apply now for him, but what does she need to do.

She has filled out the I-130.

How long do these kinds of visas take because I suspect he will qualify under some priority date.

Please help a long lost soul. I made it through the K-1 but this seems more difficult.

Thanks in advance.

1/28/11 Sent package to Texas
2/03/11 NOA1 received and file is at the Vermont Center.Case number assigned.
6/10/11 NOA2 received.Approved!!!
6/13/11 Hard copy of NOA2 received.
6/28/11 NVC case number received. Case sent to Paris.
7/18/2011 Packet 3 sent out
7/20/11 Packet 3 returned by certified mail
8/31/11 Interview (Approved with two pieces of paper needed)
9/29/11 Visa received.
10/03/11 POE Cincinnati (Thanks to Delta now Atlanta) 5 hours to pick her up is worth it.
10/15/11 Married
10/21/11 AOS documents filed
11/25/11 Biometrics appointment
11/18/11 transferred to CSC
12/24/11 EAD and Advance Parole combo card arrived.
03/13/12 Green card notice received. Welcome to the US. Take a deep breath for a few moments.
03/14/12 Green card received

07/14/2014 Packet for Removing conditions sent

02/10/14 Biometrics in Louisville KY

Link to comment
Share on other sites
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

It's better if you file. Look at the Guides. This is even easier than filing the K-1 and AOS for your wife.

If you file as the stepparent, it would be an Immediate Relative case.

If your wife files, it's a family preference case that could take longer.

Link to comment
Share on other sites
KevinF Explorer

KevinF   3

Posted
Filed: Lift. Cond. (pnd) Country: France
 Timeline
  • Author
Posted

Please explain between family preference and step-parent. i cannot do the step-parent as his father lives in France.

1/28/11 Sent package to Texas
2/03/11 NOA1 received and file is at the Vermont Center.Case number assigned.
6/10/11 NOA2 received.Approved!!!
6/13/11 Hard copy of NOA2 received.
6/28/11 NVC case number received. Case sent to Paris.
7/18/2011 Packet 3 sent out
7/20/11 Packet 3 returned by certified mail
8/31/11 Interview (Approved with two pieces of paper needed)
9/29/11 Visa received.
10/03/11 POE Cincinnati (Thanks to Delta now Atlanta) 5 hours to pick her up is worth it.
10/15/11 Married
10/21/11 AOS documents filed
11/25/11 Biometrics appointment
11/18/11 transferred to CSC
12/24/11 EAD and Advance Parole combo card arrived.
03/13/12 Green card notice received. Welcome to the US. Take a deep breath for a few moments.
03/14/12 Green card received

07/14/2014 Packet for Removing conditions sent

02/10/14 Biometrics in Louisville KY

Link to comment
Share on other sites
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Please explain between family preference and step-parent. i cannot do the step-parent as his father lives in France.

You can file as the USC stepparent. It doesn't matter where his father lives.

Immediate Relatives can get visas within a year because there are no limits on visas.

Family Preference Categories have limited visas per year. It can take years for a child to get a visa. Right now, the wait time for the F2a is essentially the same as an Immediate Relative, but that may not be true much longer.

You filing as the USC stepparent is the quickest way. Your wife filing could take months or years longer depending on the movements of the Priority Date.

Link to comment
Share on other sites
Penguin_ie Grand Master

Penguin_ie   5,993

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

Aaron is correct, it will be faster if you file as the USC step parent. It's ok the father lives in France, but he would need to give permission for the child to travel. The process should take less than a year.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Link to comment
Share on other sites
KevinF Explorer

KevinF   3

Posted
Filed: Lift. Cond. (pnd) Country: France
 Timeline
  • Author
Posted

Thanks all. The father is okay for the child to travel but not okay for me to claim step-parent. Somethings about parentage in France.

1/28/11 Sent package to Texas
2/03/11 NOA1 received and file is at the Vermont Center.Case number assigned.
6/10/11 NOA2 received.Approved!!!
6/13/11 Hard copy of NOA2 received.
6/28/11 NVC case number received. Case sent to Paris.
7/18/2011 Packet 3 sent out
7/20/11 Packet 3 returned by certified mail
8/31/11 Interview (Approved with two pieces of paper needed)
9/29/11 Visa received.
10/03/11 POE Cincinnati (Thanks to Delta now Atlanta) 5 hours to pick her up is worth it.
10/15/11 Married
10/21/11 AOS documents filed
11/25/11 Biometrics appointment
11/18/11 transferred to CSC
12/24/11 EAD and Advance Parole combo card arrived.
03/13/12 Green card notice received. Welcome to the US. Take a deep breath for a few moments.
03/14/12 Green card received

07/14/2014 Packet for Removing conditions sent

02/10/14 Biometrics in Louisville KY

Link to comment
Share on other sites
belinda63 Experienced

belinda63   3,038

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

A rose by any other name smells as just as sweet--Shakespeare. You are the child's stepparent according to US law. You can file the I-130 for the child. Check in the France forum but I don't see that it would have any legal affect in France since you are the step-parent in the US.

Link to comment
Share on other sites
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Thanks all. The father is okay for the child to travel but not okay for me to claim step-parent. Somethings about parentage in France.

It doesn't matter that French law does not define you as a stepparent.

US laws defines you as a stepparent. Under US law, you can file for him as a stepparent.

Link to comment
Share on other sites
KevinF Explorer

KevinF   3

Posted
Filed: Lift. Cond. (pnd) Country: France
 Timeline
  • Author
Posted

Okay. That makes sense.

1/28/11 Sent package to Texas
2/03/11 NOA1 received and file is at the Vermont Center.Case number assigned.
6/10/11 NOA2 received.Approved!!!
6/13/11 Hard copy of NOA2 received.
6/28/11 NVC case number received. Case sent to Paris.
7/18/2011 Packet 3 sent out
7/20/11 Packet 3 returned by certified mail
8/31/11 Interview (Approved with two pieces of paper needed)
9/29/11 Visa received.
10/03/11 POE Cincinnati (Thanks to Delta now Atlanta) 5 hours to pick her up is worth it.
10/15/11 Married
10/21/11 AOS documents filed
11/25/11 Biometrics appointment
11/18/11 transferred to CSC
12/24/11 EAD and Advance Parole combo card arrived.
03/13/12 Green card notice received. Welcome to the US. Take a deep breath for a few moments.
03/14/12 Green card received

07/14/2014 Packet for Removing conditions sent

02/10/14 Biometrics in Louisville KY

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...