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Which is a better and faster route? As K1 of an LPR or as a derivative of an F4 petition? Our niece has a 2 year old son with an LPR

By RedPepper in Bringing Family Members of US Citizens to America

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RedPepper Enthusiast

RedPepper   9

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Filed: IR-1/CR-1 Visa Country: Philippines
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2 things:

1) Our niece has an LPR bf, and they are with a 2-year old son.

2) our niece's mom is a recepient of an F4 petition which will allow her to have her unmarried sons and daughters as derivatives. My niece was included in that petition from back when she was 3 years old--now she is 21+/- old with a child but not married yet.

To our question:

Which is the fastest and cost-effective or least expense route we should follow, we want our grandson (niece's son) to come with her the soonest as well.

1) her LPR bf petition her as a fiance as soon as he becomes a US citizen--is that a K1 visa? And petition her together with their son?

2) maintain as derivative to the F4 petition, and petition her son later.

3) for her LPR bf to come home and marry her, and petition her as a spouse?

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Boiler Grand Master

Boiler   45,467

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Filed: K-1 Visa Country: Wales
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3

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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RedPepper Enthusiast

RedPepper   9

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Filed: IR-1/CR-1 Visa Country: Philippines
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Lol. Thanks Boiler! The thing is--we have to convince the whole family that 3 is the best route.

They are quite convinced that #2 is the best route. Help! Anything You can advice us to tell them to convince them on the #3 route? We were suggesting the #3, suddenly the family thinks--we are suggesting the #3 for selfish reasons.

Edited by RedPepper
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apple21 Veteran

apple21   953

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Filed: F-2A Visa Country: Philippines
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Depends on when the BF is due to qualify for naturalization. The sooner he files, the better so I vote #3. Their son will also benefit as derivative under the F2A. smile.png

We took the F2A path (#3) right after my BF got his GC.

Edited by apple21

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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Boiler Grand Master

Boiler   45,467

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Filed: K-1 Visa Country: Wales
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Check to see if she has aged out, if so then 2 becomes a non starter.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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RedPepper Enthusiast

RedPepper   9

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Filed: IR-1/CR-1 Visa Country: Philippines
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Depends on when the BF is due to qualify for naturalization. The sooner he files, the better so I vote #3. Their son will also benefit as derivative under the F2A. :)

We took the F2A path (#3) right after my BF got his GC.

Thanks Apple21! Will be on your timeline for a while to make projections. The complication is that, we are talking about the Filipino in laws overlooking the case. When we suggested the #3, seemed to them we are the bad guys--you know what I mean? :-( you may be familiar with the cultural "kontrabida ang kokontra. :-("

Check to see if she has aged out, if so then 2 becomes a non starter.

Thanks! She is turning 21 in December this year. Edited by RedPepper
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Boiler Grand Master

Boiler   45,467

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Filed: K-1 Visa Country: Wales
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When was the F4 filed?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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apple21 Veteran

apple21   953

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Filed: F-2A Visa Country: Philippines
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Thanks Apple21! Will be on your timeline for a while to make projections. The complication is that, we are talking about the Filipino mother and father in laws overlooking the case. When we suggested the #3, seemed to them we are the bad guys--you know what I mean? :-( kontrabida ang kokontra. :-(

In-laws issues? If the BF can financially support his GF and child on his own (he wouldn't use his parents for the AOS and he has his own house/apartment), I don't see how his parents can interfere with their wedding plans. How old is he anyway? And when did he immigrate to the US?

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
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3

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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RedPepper Enthusiast

RedPepper   9

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Filed: IR-1/CR-1 Visa Country: Philippines
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In-laws issues? If the BF can financially support his GF and child on his own (he wouldn't use his parents for the AOS and he has his own house/apartment), I don't see how his parents can interfere with their wedding plans. How old is he anyway? And when did he immigrate to the US?

2 years ago the bf immigrated. It's not on his side that's the problem. It's the niece's mom and grandparents who's insisting on the #2 route...:-P sort of a family thingee.

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apple21 Veteran

apple21   953

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Filed: F-2A Visa Country: Philippines
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2 years ago the bf immigrated. It's not on his side that's the problem. It's the niece's mom and grandparents who's insisting on the #2 route...:-P sort of a family thingee.

Hahahaha. Then let them be. It's not your problem. biggrin.png

:wub:10-year GC holder :wub:

My Parents’ B2 Tourist Visa Application - APPROVED

 

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aleful Veteran

aleful   1,905

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Filed: Citizen (apr) Country: Argentina
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hi

3 as well, the selfish ones are them, why would she have to leave her child behind, when her LPR boyfriend can marry her and file for both of them? they'd come together.

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RedPepper Enthusiast

RedPepper   9

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Filed: IR-1/CR-1 Visa Country: Philippines
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When was the F4 filed?

1995...why? There a chance my niece can still be included

As derivative despite--nearing over-age.

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Boiler Grand Master

Boiler   45,467

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Filed: K-1 Visa Country: Wales
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Why wait so long even if she has not aged out?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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RedPepper Enthusiast

RedPepper   9

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Filed: IR-1/CR-1 Visa Country: Philippines
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Why wait so long even if she has not aged out?

That is a mystery to us, too. I guess it's because they didn't have VJ to advise them otherwise. :-)

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