K1 Approved, how do I bring over her child?

[Mrnugyen 1]

Hi all,

I started here b/c it started as a K1 visa, please direct me else where if there is a better platform for this question.

Basically, my wife now, fiance then, was approved for a K1 Visa and entered the US in August of 2014. Since then, we did everything required, married w/in 90 days, applied and approved for travel, gotten my wife her work permitm and filed for change of residence status. My wife has a child, age 7, from a previous marriage and we decided not to bring him over with her b/c we wanted to be certain that things would work out here first before bringing the child. Now that things have worked out great for us, we're ready to bring him over.

What is the best path to bring the child over? Is there a guide for this in Visajourney?

I know before filing, I remember reading somewhere that we had a year under the mother's K1 visa to bring any children over but I can't find that information anymore and not sure where to start.

Thank you much VisaJourney community. It was this community and all the help it provided that made it possible for me to be with my wife, thank you for all your help.

[Mrnugyen 1]

Hi all,

So here is the situation. I brought my fiance, now my wife, over to the USA Sept of 2014. She has a 6 year old son from a previous marriage her and her ex decided to leave in Vietnam to make sure things went well here in the USA first before being him over. Didn't want him to fall behind on his studies. We married and everything went find with her paperworks and we've filed to have her status adjusted. Now we've decided to bring him over. I've read a few things but just unsure on how to get started. From what I understand he has 1 year from her entering the USA under the original K1 Visa. so my questions are:

How do I get started?

Is it a K2 visa that we're filing for him?

I found instructions on how to bring a child to live in the US on VJ, it says I have to file a Form I-130, is that the path I'm suppose to take?

I read in other forum posts that he he just needs to get a VISA and make an appointment for an interview in the embassy in Vietnam, is that true? If so, do I do that along with the I-130? or do I have to file the I-130 before and get approved before he can make an interview appointment?

Please help, I hope this is the right platform to ask this question. Also if there are any guides and links you can share, i'd great appreciate it. I know there is a lot of information on this site, but I just worried since there are so many different status and ways to enter that I may take the wrong route. Thanks all VJer's!!

Edited March 2, 2015 by Mrnugyen

[Pitaya 2,577]

Did you initially list the child on the fiancee's I-129F petition? Please provide more details.

Take a look at these informative DOS FAQs about the K1 (and K2) visa process, it is a good overview: http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

Good luck on your immigration journey.

[Mrnugyen 1]

Yes, the child is on the original I-129F petition, you have to put all children no matter what, bringing child or not.

[Mrnugyen 1]

I've been on the DOS FAQ site and this is all it says about children traveling "following-to-join" which confirmed what I already knew.

"Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa."

But it is a blanketed statement. What I'm actually asking is the steps that I need to take to make this happen. What forms I need, do I need to contact the Vietnames Embassy? things like that. If anyone knows where there is a guide on VJ similiar to the one I used to get my fiance here (K1), that would help a lot.

[Boiler 45,553]

File an I 130 as a step parent, your k2 was good for a year.

[Mrnugyen 1]

Thank you Boiler for confirming I do need to file a I-130.

Now "your k2 was good for a year" is also something I've read, but does that mean we file for the I-130 and get approved first before the child can come? Can the child come while the I-130 is in process because the K2 is still good for a year?

[Pitaya 2,577]

Suggest that you contact the Vietnamese embassy on your next course of action, K2 validity or Petition for Alien Relative, I-130.

From the previously mentioned FAQs:

Does My U.S. Citizen Fiancé(e) Need to File Separate Petitions for My Children?

No. Your eligible children may apply for K-2 visas based on the approval of Form I-129F, Petition for Alien Fiancé(e), that your U.S. citizen fiancé(e) filed on your behalf, but your U.S. citizen fiancé(e) must list the children on the petition. Separate visa applications must be submitted for each K-2 visa applicant, and each applicant must pay the K visa application fee.

After your marriage, your children will need to file separately from you for adjustment of status. They cannot be included on your application for adjustment of status. More information about adjustment of status is available on USCIS’s website under Green Card (Permanent Residence).

Important Notice: Under U.S. immigration law, a child must be unmarried. In order to file for adjustment of status for your child following your marriage to your U.S. citizen spouse, the child’s stepchild relationship with your spouse must be created before the child reaches the age of 18.

Are My Children Required to Travel with Me?

Your children may travel with (accompany) you to the United States or travel later (follow-to-join). Like you, your children must travel within the validity of their K-2 visas. Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required. If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa.

[Hypnos 6,576]

An I-130 is not required. A K-2 can follow-to-join for up to one year from the date of issuance of the principal K-1.

From your timeline you have around five months remaining to seek follow-to-join benefits for the child.

Contact the embassy and they will direct you on the next steps to take.

Edited March 2, 2015 by Hypnos

[Boiler 45,553]

I misread the date, thought she had been here longer than a year.

[Mrnugyen 1]

Thank you everyone!! I was just hoping to gather as much info as possible, but it sounds like all corner comes back to me calling the embassy. I will do so and update what I find out in case anyone has a similar question.

[Hank_ 9,174]

Was the child listed on the I-129F petition? Should have been.

If the child was listed you complete the same process as for the K-1, and the K2 visa MUST BE ISSUED before the one year date of when the K1 visa was issued.

[Ontarkie 14,233]

~~Duplicate thread merged. Please do not make more then one thread for the same topic.~~