following-to-join benefits

[phillipmaria 0]

My son Is on following-to-join benefits and we have til October 2014 to get him here in united states. he is only 7yrs old and he is under the care of my father and my niece back in the Philippines. My problem is a person who can bring my son over here since my dad is already 79 yrs old and its not healthy for him to travel that long. So, I was thinking to get my niece who is 28 yrs of age to bring my son here in USA. Do we need to apply for visa for her? or she have to apply for visitors visa? I really need an advice here on how to do the process.

[NigeriaorBust 4,087]

every person travelling needs a valid visa to enter the US. Your niece may not get a visa if she is single with no ties the home. You may have to return to bring your child here

[KayDeeCee 4,893]

Can you not file for AOS and get AP or your green card first, and then travel there to get him yourself?

[EndlessStory 53]

Your niece will need a different visa on her own which is B2 visa. it is case by case basis and subject to approval.

It may be a little bit difficult to obtain B2 for high fraud country. She needs to show tie to her home country.

You may however return to get your son and will not need another visa if you have Ap/GC in hand.

[Darnell 8,478]

since you have this lead time,

I say, instead,

start the budget for the trip for YOU.

what's that really look like?

1. money for your AOS fees

2. money for your round-trip ticket

3. money for your lodgings

4. money for your child's k-2 stuff

Edited January 2, 2014 by Darnell

[phillipmaria 0]

we have the same situation my son surname is the biological father....if that so....what is the step by step procedure??? another thing my son is on following to join benefit and it will expired in October 2014, I read a lot things here and it says that we need to file a form 1-824 to notify uscis and pay $405 same thing what US embassy in Philippines said since they don't have my record because my k1 was process in Singapore where I used to live for 6 yrs. Im just wondering if we can make it before October to get my son here? is my son have to pay in Philippines too???

pls...I badly needed an answer here

[phillipmaria 0]

thanks for all your reply......I just got my permanent resident card and we are ready to get my son anytime til October but my question is....do we need to pay for him here and in Philippines as he is on following to join benefit??? what are the step by step and how long will it take??? could we make it til October to get him here??? please we badly needed an answer!!!

[Pitaya 2,577]

Welcome to the forum.

Check out the DOS Nonimmigrant Fiance(e) K1 Visa FAQs for more information about follow-to-join K-2 visas:

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

Good luck on your visa journey.

[Ryan H 3,812]

we have the same situation my son surname is the biological father....if that so....what is the step by step procedure??? another thing my son is on following to join benefit and it will expired in October 2014, I read a lot things here and it says that we need to file a form 1-824 to notify uscis and pay $405 same thing what US embassy in Philippines said since they don't have my record because my k1 was process in Singapore where I used to live for 6 yrs. Im just wondering if we can make it before October to get my son here? is my son have to pay in Philippines too???

pls...I badly needed an answer here

Post moved from old thread to this thread.

[phillipmaria 0]

Welcome to the forum.

Check out the DOS Nonimmigrant Fiance(e) K1 Visa FAQs for more information about follow-to-join K-2 visas:

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

Good luck on your visa journey.

thank you for the information but it so confusing because we follow what we read in USCIS website regarding following to join benefit

Following-to-Join Benefits

This section is for beneficiaries who became permanent residents through a preference classification.

If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa.

Your spouse and/or children may be eligible for following-to-join benefits if:

• The relationship existed at the time you became a permanent resident and still exists, AND
• You received an immigrant visa or adjusted status in a preference category.

If your family member falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

• Form I-824, Application for Action on an Approved Application or Petition
• A copy of the original application or petition that you used to apply for immigrant status
• A copy of Form I-797, Notice of Action, for the original application or petition
• A copy of your Form I-551 (green card)

[Pitaya 2,577]

thank you for the information but it so confusing because we follow what we read in USCIS website regarding following to join benefit

Following-to-Join Benefits

This section is for beneficiaries who became permanent residents through a preference classification.

If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa.

Your spouse and/or children may be eligible for following-to-join benefits if:

• The relationship existed at the time you became a permanent resident and still exists, AND
• You received an immigrant visa or adjusted status in a preference category.

If your family member falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

• Form I-824, Application for Action on an Approved Application or Petition
• A copy of the original application or petition that you used to apply for immigrant status
• A copy of Form I-797, Notice of Action, for the original application or petition
• A copy of your Form I-551 (green card)

The link that I gave you over 8 months ago was for a K1 visa with a follow-to-join K2 visa. Not sure what you are now doing???

[phillipmaria 0]

We filed a I-824, which is what uscis site says is for follow to join benifits. Because she came from Singapore but her son is in Philippines. It supposed to be a 3 month process, we filed in June. We have sent multiple, I forgot what it's called. It's where we are asking them what is going on. We have freinds who filed a 130 for her children and it only took 4 months. The 824 was supposed to be quicker. Very frustrating process, wish we could do it over and she would have brought him with her. The only real difference that I could tell between 824 and 130 is with the 824 he would not have to wait for a visa number to become available.

[milimelo 4,486]

K2 is no longer an option for you. File I-130 as USC petitioning for stepchild.

[StephhyRN 7]

just call the USEM MAnila for further questions.

[phillipmaria 0]

just call the USEM MAnila for further questions.

we called many times but no one you can talk to they just transfer your call and they hang up, sooooo frustrating!