Jump to content
captainron4

Bringing son to US

 Share

9 posts in this topic

Recommended Posts

Filed: Timeline

My wife came on a K-1 visa almost 4 years ago and we were married and everything is all on the up and up. Now we are applying for her son to come to US and as I look for info I am running into differing info so I have a few questions.

Is it better and faster for me to apply as a citizen for a stepchild or her as an LPR for a child? Yes he is a child under 21

What are the reasons for either or?

Do I need to file an AOS before or after he arrives?

Any help would be appreciated

Ron

Link to comment
Share on other sites

My wife came on a K-1 visa almost 4 years ago and we were married and everything is all on the up and up. Now we are applying for her son to come to US and as I look for info I am running into differing info so I have a few questions.

Is it better and faster for me to apply as a citizen for a stepchild or her as an LPR for a child? Yes he is a child under 21

What are the reasons for either or?

Do I need to file an AOS before or after he arrives?

Any help would be appreciated

Ron

Apply as a US citizen for a stepchild, file I-130 petition.

The child will enter USA and get green card, no need to AOS.

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

Done with K1, AOS and ROC

Link to comment
Share on other sites

Filed: F-2A Visa Country: Philippines
Timeline

As a USC it will be faster if you file, provided the marriage happened before his 18th birthday and he is still single and under 21yo on the date of filing the i130.

He will be under IR2 category. AOS is not needed. He will get 10yr GC after arrival in the US.

Link to comment
Share on other sites

Filed: Timeline

Thank you for your answers. I still have a concern, as I look at the Visa Bulletin for this month I see they are currently processing:

F1 22 Sep 2009 or 1 Jan 2011

F2A 22 Dec 2014 or 22 Nov 2015

The 2 dates are from the 2 different charts which I do not really understand the difference but they both show the F1 which I thought was LPR petitioning unmarried child is much faster than F2A which I thought was USC petitioning for unmarried child.

What am I missing?

Link to comment
Share on other sites

Filed: Timeline

As a USC it will be faster if you file, provided the marriage happened before his 18th birthday and he is still single and under 21yo on the date of filing the i130.

He will be under IR2 category. AOS is not needed. He will get 10yr GC after arrival in the US.

Thank you for your answers. I still have a concern, as I look at the Visa Bulletin for this month I see they are currently processing:

F1 22 Sep 2009 or 1 Jan 2011

F2A 22 Dec 2014 or 22 Nov 2015

The 2 dates are from the 2 different charts which I do not really understand the difference but they both show the F1 which I thought was LPR petitioning unmarried child is much faster than F2A which I thought was USC petitioning for unmarried child.

What am I missing?

Link to comment
Share on other sites

Filed: Other Country: United Kingdom
Timeline

Is the childs father anywhere in the picture?

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Link to comment
Share on other sites

Filed: Timeline

Thank you for your answers. I still have a concern, as I look at the Visa Bulletin for this month I see they are currently processing:

F1 22 Sep 2009 or 1 Jan 2011

F2A 22 Dec 2014 or 22 Nov 2015

The 2 dates are from the 2 different charts which I do not really understand the difference but they both show the F1 which I thought was LPR petitioning unmarried child is much faster than F2A which I thought was USC petitioning for unmarried child.

What am I missing?

As a USC filing for your stepson under age 21 (after marrying mom before his 18th birthday, it would be an Immediate Relative case where there is no limits on visas. Since there is no limits on visas, the Visa Bulletin does not apply. It takes about a year to process this type of case. Make sure you file before the child's 21 birthday.

An F1 case is a USC filing for an unmarried child over age 21.

An F2a case is for an LPR filing for a spouse or unmarried child under 21.

Link to comment
Share on other sites

Filed: F-2A Visa Country: Philippines
Timeline

Thank you for your answers. I still have a concern, as I look at the Visa Bulletin for this month I see they are currently processing:

F1 22 Sep 2009 or 1 Jan 2011

F2A 22 Dec 2014 or 22 Nov 2015

The 2 dates are from the 2 different charts which I do not really understand the difference but they both show the F1 which I thought was LPR petitioning unmarried child is much faster than F2A which I thought was USC petitioning for unmarried child.

What am I missing?

I told you the child will be under the IR2 category if you file the i130. It will only take more or less a year to bring him over. Don't worry about the Visa Bulletin, it doesn't apply to your case.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...