What is the process for wife's son to bring him from Philippines (Not K-2)

[Kevin&Jackie 0]

My wife (came as a K-1)and I have been married for over a year now. We have 3 children here who came in as K-2 and will be adjusting their status next year. My question is we want to bring her oldest son over now from Manila (he's under 18), but his K-2 status has expired. What do I have to do to get him a visa to bring him here now?

[p-ana 933]

File an i130 petition for him

http://www.visajourney.com/content/childpet

[aaron2020 11,651]

My wife (came as a K-1)and I have been married for over a year now. We have 3 children here who came in as K-2 and will be adjusting their status next year. My question is we want to bring her oldest son over now from Manila (he's under 18), but his K-2 status has expired. What do I have to do to get him a visa to bring him here now?

Since it has been over a year since your wife came to the US on a K-1, a K-2 can no longer be issue. A K-2 can only be issue within one year of the K-1 being issued.

Since he is under 18, the quickest way to the US is for you, the USC stepparent, to file an I-130. The process will take about a year. The upside is no AOS. He would get a green card when he enters.

If he enters on an immigrant visa after your 2nd wedding anniversary, he would qualify for a 10 years green card and avoid the ROC. If he enters before your 2nd wedding anniversary, he will get a conditional green card and have to file for ROC two years later.

Edited July 13, 2016 by aaron2020

[Kevin&Jackie 0]

Thank You!

Next question:

Anyone know the process on the Manila side for him, since his mom and I are in the USA?

[JFH 12,190]

Thank You!

Next question:

Anyone know the process on the Manila side for him, since his mom and I are in the USA?

Presumably he is living with a legal guardian? He will be interviewed in Manila. You will also need to check the Manila embassy website as to which vaccinations are required for his age group.