I married my K1Fiance & she has received GC Now we want to get her sons (ages 5 & 7

[Dave & Gena 1]

My K1 Fiance and I married as soon as she arrived and she has received her green card (conditional) and is now working full time at a good job. When I petitioned her, we could not afford the airfares and costs to bring the children here with her. now that we can afford it, we need to petition her boys (I intend to adopt them after they are here). They have their passports and are living with her parents for now in the Philippines. What is the process we need to do to bring them here.

[Georgia16 2,858]

When did your wife enter the country?

If it's under one year then you can do 2 x K-2 follow to join.

[Merrytooth 5,748]

Depends on your K 1 timeline, you can

1) file K 2 visa for them (K 2 follow to join must be within one-year of the K1 date of issue).

2) if K2 visa is not possible, you can file I-130 petition for each of them as step parent.

[muravez 0]

Look at the bottom of this USCIS webpage where it says "Following-to-Join Benefits":

https://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

Her children must have been included on the I-129F petition. A K-1 visa is a "preference classification."

If you listen to people about filing an I-130 for the children, they are absolutely wrong for you situation IF children were included on the I-129F petition (which is highly likely).

It is true that K-2 visa should be available for the children but only one year after K-1 date of issue. If you use the K-2 visa route, when the children arrive in the USA you spend a boat load of money to adjust status to get green cards for them.

You pay $400 for one I-824 application for both children that were included on the I-129F to get "follow-to-join" benefits (you also send in your approved I-129F petition with children's names). These benefits do not expire until children are 21 or your wife becomes a US citizen. Upon approved I-824, you go through US counselor processing in the Philippines to get immigration visas for the children. Upon arrival in the US, they will get their conditional green cards.

Read the USCIS website and read the US Embassy Philippines website about follow-to-join benefits for immigration visas (WHICH HAS NOTHING TO DO WITH THE K-2 VISA).

[muravez 0]

Just saw that the I-824 application fee is going up to $465 on 12-13-2016.

The I-485 AOS fee is going up to $1140, and you pay that amount for each of your two children if they come by way of a K-2 Visa.

[EM_Vandaveer 2,408]

Look at the bottom of this USCIS webpage where it says "Following-to-Join Benefits":

https://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

Her children must have been included on the I-129F petition. A K-1 visa is a "preference classification."

If you listen to people about filing an I-130 for the children, they are absolutely wrong for you situation IF children were included on the I-129F petition (which is highly likely).

It is true that K-2 visa should be available for the children but only one year after K-1 date of issue. If you use the K-2 visa route, when the children arrive in the USA you spend a boat load of money to adjust status to get green cards for them.

You pay $400 for one I-824 application for both children that were included on the I-129F to get "follow-to-join" benefits (you also send in your approved I-129F petition with children's names). These benefits do not expire until children are 21 or your wife becomes a US citizen. Upon approved I-824, you go through US counselor processing in the Philippines to get immigration visas for the children. Upon arrival in the US, they will get their conditional green cards.

Read the USCIS website and read the US Embassy Philippines website about follow-to-join benefits for immigration visas (WHICH HAS NOTHING TO DO WITH THE K-2 VISA).

I-824 is not applicable. If they are within one year of the K1 visa issuance date and the children were included on the I-129f, the children would simply apply for their K2s at the Consulate.

It would be cheaper if OP applied for them as their stepparent (I am assuming they were both under 18 at the time of OP's marriage), but the process takes longer. About a year from filing the two I-130s for them to them having their visas in hand.

OP most definitely has a choice (if they are within the one-year period after the K1 was issued) to bring them via K2 or as immediate relatives of a USC (stepchildren) by filing separate I-130s for them.

Just because they may be eligible for K2s, doesn't mean they are not eligible to immigrate as his stepchildren.

Edited December 14, 2016 by EM_Vandaveer

[EM_Vandaveer 2,408]

When did your wife enter the country?

If it's under one year then you can do 2 x K-2 follow to join.

It's not POE date that matters. It's the date the K-1 visa was issued. K-2s have to be issued within a year of K-1 visa issuance.

[muravez 0]

I-824 is not applicable. If they are within one year of the K1 visa issuance date and the children were included on the I-129f, the children would simply apply for their K2s at the Consulate.
It would be cheaper if OP applied for them as their stepparent (I am assuming they were both under 18 at the time of OP's marriage), but the process takes longer. About a year from filing the two I-130s for them to them having their visas in hand.

OP most definitely has a choice (if they are within the one-year period after the K1 was issued) to bring them via K2 or as immediate relatives of a USC (stepchildren) by filing separate I-130s for them.
Just because they may be eligible for K2s, doesn't mean they are not eligible to immigrate as his stepchildren.

Why don't you look at the bottom of the webpage using the USCIS weblink in my original post and STOP posting incorrect information about follow-to-join benefits for a preferred class (like K-1) NOT being relevant ... you really need a lesson on this subject. Immigration attorneys understand the process that you do not understand. I suggest they get an immigration attorney to help them with correct advice for their situation or call USCIS since these follow-to-join benefits do not expire until children are 21 or your K-1 spouse becomes a US citizen. THERE IS NO EXPIRATION AFTER ONE YEAR issue using I-824 in their case given their children ages. There is ABSOLUTELY NO NEED to file two I-130's. If the children are named in the I-129F and the K-1 spouse is now a permanent resident, one I-824 for both children to start US Embassy-Philippines consular processing for immigration visas is the way to go (time-wise, money-wise and less number of documents).

READ the USCIS webpage about "follow-to-join BENEFITS". The benefits mean this petitioner and K-1 Visa spouse/PR do not have to file I-130's !!!

USCIS website on the "follow-to-join BENEFITS" subject:

"This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available."

STOP GIVING BAD INFORMATION THAT THIS IS NOT RELEVANT !!!! YOU ARE WRONG.

Edited December 15, 2016 by muravez

[muravez 0]

The I-824 "follow-to-join" process is much less expensive than using K-2 visas within the one year of K-1 visa issuance. But within that one year they can use K-2 visas. However, bringing up the use of two I-130's if not using the K-2 Visa process is just "really bad" posted information that needs to be corrected. The OC just needs to contact an immigration attorney to get the I-824 going NOW (she has her green card) so that they can be assured they are using the best/correct process for their situation.

[EM_Vandaveer 2,408]

http://www.***removed***/greencard/***removed***/following-to-join-benefits.html

"Also, for your child to be eligible for following-to-join benefits, he or she must:

Be unmarried and

Be under 21 years of age and

Have been a child from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or

Have been a stepchild from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or

Have been legally adopted prior to your admission to the U.S., and otherwise qualify as an adopted child under the immigration law."

Obviously the marriage from which the children are from did NOT exist at the time of the K-1's admission to the US.

Please don't post inaccurate information.

[EM_Vandaveer 2,408]

The following does NOT apply to K-1s because they do NOT become permanent residents through a preference classification!

K-1 is NOT preference classification.

"Following-to-Join Benefits

This section is for beneficiaries who became permanent residents through a preference classification.

If you were married and/or had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa.

Your spouse and/or children may be eligible for following-to-join benefits if:

The relationship existed at the time you became a permanent resident and still exists, AND

You received an immigrant visa or adjusted status in a preference category.

If your family member falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

Form I-824, Application for Action on an Approved Application or Petition

A copy of the original application or petition that you used to apply for immigrant status

A copy of Form I-797, Notice of Action, for the original application or petition

A copy of your Form I-551 (green card)

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 with your Form I-485, in which case no supporting documents are needed other than those submitted with Form I-485."

What is then a preference classification?

"What are Preference Classes?

Preference Classes are numbered categories which define types of immigrant visas. There are separate sets of preference classes for family-based immigration and employment-based immigration.

The case must fit into one of the preference classes for an immigrant petition to be approvable, and the preference class into which it fits must be indicated on the form filed for that petition (the I-140 for employment-based petitions, the I-130 for family-based petitions).

The best way to find out what the different preference classes are is to look at the Department of Status current Visa Bulletin (the explanation is always there): http://travel.state.gov/visa/bulletin/bulletin_1360.html"

Edited December 15, 2016 by EM_Vandaveer

[muravez 0]

YOU ARE WRONG !!!!

A k-1 visa is family preference in this case. Obviously you need to be schooled. And you are not an immigration attorney !!!

Take a look at this. This is from the US Embassy Manila Philippines website:

http://www.ustraveldocs.com/ph/ApplyforImmigrantVisa.html

Following-to-Join

The spouse and children of a principal applicant are entitled to derive immigration benefits from their principal’s approved visa petition and may travel to the United States at a later date. Under no circumstance will the derivative spouse or child be allowed to travel to the U.S. ahead of the principal applicant.

Following-to-join applicants may derive immigration benefits only if:

1. The spouse or children were acquired before the principal applicant’s admission into the United States; and
2. The principal applicant gained lawful permanent resident (LPR) status or was issued an immigrant visa under the family-preference or employment-based (E) visa categories or was issued a non-immigrant K or V visa. Foreign nationals who immigrated to the U.S. under an immediate relative (IR) visa category need to file a separate Form I-130 visa petition on behalf of their spouses and children. ....

IF you understand the above information, the follow-to-join benefits ARE extended to a K VISA !!!

Once again, you are not an attorney and if you look on the US Embassy - Phillipines website like many other US Embassy websites they say THE SAME INFORMATION that follow-to-join benefits ARE extended to a K VISA family based preference that becomes a permanent resident

[EM_Vandaveer 2,408]

For you to say that the K-1 visa path to Permanent Resident does NOT get follow-to-join benefits means that you DO NOT understand Immigration Law and the whole purpose of these benefits to keep the family together.

From the same link you are quoting from:

"Can family members of the Filipino fiancé(e) be included in the petition?

Only the unmarried, minor children (below 21 years old) of the Filipino fiancé(e) can be included in the K-1 petition. They are eligible to apply for a K-2 visa. If they are unable to depart with their Filipino parent, children who are named in the petition have one (1) year (from the time the K-1 visa is issued) to be issued K-2 visas. They must apply for visas in a timely manner to allow visa issuance within the required time. Otherwise, the children will no longer be able to derive any immigration benefit from their parents K-1 visa and new immigrant visa petitions need to be filed on their behalf."

Preference categories are explained here (there are also employment-based once, but those obviously aren't relevant to the discussion):

"Unmarried adult (21 years or older) sons and daughters of U.S. citizens.

Quota: 23,400/year plus any visas unused in F4 category

They do not qualify for immediate relative(IR) category because they are over 21 years of age. To qualify for this category, they must have met the legal definition of "child" when he or she was under the age of 21, as described in the IR category.

Family Second Preference (F2)

Spouses, minor unmarried children (under 21 years of age), and unmarried sons and daughters (over age 21) of lawful permanent residents.

Quota: 114,200/year plus any visas unused in F1 category

At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.

Unmarried children or sons/daughters should not get married prior to the green card approval. If they get married after I-130 is filed, the petition is considered invalid. Neither the married child/son/daughter not his/her spouse would be able to get a green card under this category.

The F2 category is further divided into the two sub-categories:

F2A. Spouses and unmarried minor (under 21 years) Children:

77% of the overall second preference limitation, of which 75% are exempt from the per-country limit. If the marriage took place just to get a green card, the green card will not be given or if already given will be terminated. If the marriage took place 2 years before the green card was granted, it will be on conditional basis. Please read more details in IR category about this.

If you were married to your spouse before you became a permanent resident, your spouse may be eligible to receive following-to-join benefits. This means that you would not have to submit a separate Form I-130, Petition for Alien Relative, for your spouse, and your spouse would not have to wait any extra time for an immigrant visa to become available.

If the marriage is less than 2 years old when you enter the U.S. as a new immigrant based on the petition filed by your U.S. spouse, the green card is conditional and you will have to apply to remove the conditions to get a permanent green card. However, because of long waiting list (usually 3 to 5 years), it is highly unlikely that you actually will be able to get an immigrant visa within 2 years of marriage, you will get a permanent green card initially itself.

If the adopted child has lived with the family (adoptive parents) under legal authority for 2 years, he/she would be regarded as a child under immigration law and may be able to get a green card at the same time parents get a green card. Otherwise, adopted children would also be under this category.

F2B. Unmarried Sons and Daughters (21 years of age or older):

23% of the overall second preference limitation.

Married Son/Daughter:

There is no visa category for married son or daughter of permanent residents. If an unmarried son or daughter of a permanent resident marries before the permanent resident becomes a U.S. citizen, any petition filed for that son or daughter will be automatically revoked.

Family Third Preference (F3)

Married sons and daughters (any age) of U.S. citizens.

Quota: 23,400/year plus any visas not used by F1 and F2 categories.

As always, each son or daughter must have, at some earlier point, met the definition of "child" for immigration law purposes.

Family Fourth Preference (F4)

Brothers and sisters of United States citizens, and their spouses and children, provided the U.S. citizens are at least 21 years of age.

Quota: 65,000 per year.

To qualify under this category, the sponsoring citizen and his or her sibling must both meet (or have met) the definition of "child" in relation to the same parent.

Permanent residents can not petition for their brother(s) or sister(s)."

Edited December 15, 2016 by Penguin_ie

[EM_Vandaveer 2,408]

For you to say that the K-1 visa path to Permanent Resident does NOT get follow-to-join benefits means that you DO NOT understand Immigration Law and the whole purpose of these benefits to keep the family together.

Of course the purpose is to keep the family together. That's what K2s are for. If they run out of time for K2s, but the USC married their K1 fiance(e) before the children's 18th birthday, the USC can still petition for them as stepchildren. The family will be reunited either way.

Please just look up the definition of "preference categories".

Also from the same website you linked earlier:

"Children (unmarried and below 21 years of age) of a K-1 applicant may derive immigration benefits from the same I-129F petition and are issued K-2 visas. Children identified in the approved I-129F petition are called derivatives. Derivatives may apply at the same time as the principal applicant parent or may apply later, but must be issued K-2 visas within one year from the date the K-1 visa was issued to the principal applicant parent. Derivatives who are following-to-join the principal applicant parent must apply for their K-2 visas in a timely manner to allow visa issuance within the required period."

Follow-to-join for K1s IS the K2 visa. There is NOT a separate process for follow-to-join for K1s' children.

Edited December 15, 2016 by Penguin_ie

[muravez 0]

Just Google search without the spaces: IM MI HE LP follow-to-join and you will see that K-Visa is a path to follow to join benefits