Permanent Residence bringing son through "Following-to-Join"

[Tm and Je 35]

Hello Visa Journeys...this is my case and I really need your advice:

I came to USA with fiancee Visa in June 2015 and after my marriage in September 2015, I adjusted my status and I got my Conditional Permanent Residence in December 2015. My unmarried son who is going to become 20 in September 10, 2016, wanted to come to live here and I filed an "Immigrant petition for relative ( F2A) in January 2016. His case was approved for USCIS in Mayo 2016 and sent to NVC, but my concern is that according to Visa Bulletin, dates are not moving so fast and now I would like to apply his Permanent Residence through "Following-to-join. My questions are:

1. Can I apply for another process even if he has an approved process already and waiting for NVC? If so...

2. Do I have to withdraw the case before or after his new process gets approved?

Thank you in advance.

Edited August 20, 2016 by Tm and Je

[aleful 1,905]

hi

why didn't he apply for the k2 visa? wasn't he listed on your i129f? if so, has it been less than a year since you got your K1? he can follow to join if he is a k2 and if you are still within a year

you should have gone with that route and have your husband file for him as his stepfather

if you file for him he might age out and go the very long route

an f2A takes 2 years, I hope it's not too late

Edited August 20, 2016 by aleful

[Boiler 45,467]

What was wrong with a K2?

[Ontarkie 14,218]

If I read it right she's past the follow to join option.

[Tm and Je 35]

hi

why didn't he apply for the k2 visa? wasn't he listed on your i129f? if so, has it been less than a year since you got your K1? he can follow to join if he is a k2 and if you are still within a year

you should have gone with that route and have your husband file for him as his stepfather

if you file for him he might age out and go the very long route

an f2A takes 2 years, I hope it's not too late

We didn't apply for the K-2 visa because he was studying and he wanted to finish his career first. My K-1 visa was approved in May 8 2015. At that time my son was more than 18 years old so my husband couldn't file for him as his stepfather. According to my reading my unmarried and under 21 child may be eligible for "Following-to-join benefits if I immigrated on the basis of Fiance petition. The form is I-824. Is this possible?

[belinda63 3,038]

Follow to join has to be within a year of you receiving your visa.

[aleful 1,905]

hi

too late now, it has to be within a year, so he had to file before may for follow to join

he could have come and then file a reentry permit to be out of the country for 2 years to finish his career

so now you will have to wait and see what happens

[Tm and Je 35]

hi

too late now, it has to be within a year, so he had to file before may for follow to join

he could have come and then file a reentry permit to be out of the country for 2 years to finish his career

so now you will have to wait and see what happens

Thank you all for your quick answers. I really appreciate it.

Could you please let me know where exactly I can find that information? I have read the form I-824 instructions and here in Visa journey and I can not see in anywhere where they talk about the limited time. Thank you again.

[Boiler 45,467]

No doubt on the USCIS web site.

[Tm and Je 35]

No doubt on the USCIS web site.

Absolutely agree...believe me when I tell that I filed my three process by myself (fiancee, AOS and F2A) reading and following all the instructions that I read on the USCIS web site...but I am looking for this particular topic and I can not see any information about the limited time...If someone knows exactly where can I find this one, I would appreciate your help. Thank you in advance.

[Boiler 45,467]

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.

[Tm and Je 35]

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.

Boiler..thank you for the information!

Can my son come to America with his B2 Visa and continue with his immigration process from here? If so...What should I do to inform to NVC?

I am trying to see all my possibilities.

Thank you again.

[Boiler 45,467]

No B2 is for visiting, not immigrating.

[milimelo 4,477]

Can my son come to America with his B2 Visa and continue with his immigration process from here? If so...What should I do to inform to NVC?

I am trying to see all my possibilities.

Thank you again.

That would be immigration fraud.

[Tm and Je 35]

Ok. Thank you all for your time.