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lrpburton25 Enthusiast

lrpburton25   3

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Filed: K-1 Visa Country: Jamaica
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Hello, I am late in filing for AOS for my husband and his daughter. They are in the US on a K1 and K 2 visa. We were married last year august in the time that we were suppose too. We are just now filing because I had some health issues and had surgery. So this week I will be submitting his AOS.. My question is. He has a son in Jamaica that he wants to bring here. We have a year on a k2 visa to get him which will be up in 2 months.but by my husband being out of status will this be an issues? should we at least wait for the receipt that immigration received our AOS. Before we file the ds 160 for his son?  A lawyer told us we can do it the same time.

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NigeriaorBust Grand Master

NigeriaorBust   4,087

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Filed: Citizen (apr) Country: Nigeria
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  You can't file the I130 for the son as he was over 18 when you married  ( the marriage has to be before 18 for an I130  strange disconnect between the two rules )  You hubby could file once he is an LPR but that will be a 7 year wait and the son must remain single.

This will not be over quickly. You will not enjoy this.

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lrpburton25 Enthusiast

lrpburton25   3

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Filed: K-1 Visa Country: Jamaica
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My step son is 12. How do I file for him since he is listed on the I129. I thought all I had to file out was the ds160 for him, They said any child we file for on the petition has to  come within a year. From when we filed K1 visa. So by my husband being out of status and we only have 2 months before his sons time run out. will it be an issue

 

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lrpburton25 Enthusiast

lrpburton25   3

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Filed: K-1 Visa Country: Jamaica
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23 minutes ago, f f said:

I think your husband's status is a non issue. for a bit of peace of mind you can file an i130 for your step child and that is completely independent of his status and the only time limit for that is your step sons 21 birthday.

good luck

Thank You

 

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Georgia16 Mentor

Georgia16   2,858

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Filed: Citizen (apr) Country: Denmark
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7 minutes ago, lrpburton25 said:

We have 2 months to file for my step son.

under k 1. hes 12 he was listed on I 129 petition. 

Then contact the embassy and they will get it started. He will need medical, DS-160 + interview. And also consent from the mother to immigrate.

 

 

 

 

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lrpburton25 Enthusiast

lrpburton25   3

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Filed: K-1 Visa Country: Jamaica
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4 minutes ago, Georgia16 said:

Then contact the embassy and they will get it started. He will need medical, DS-160 + interview. And also consent from the mother to immigrate.

We have the consent from mom and everything else ready to go. 

 

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SparklePony Proficient

SparklePony   238

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Filed: Citizen (apr) Country: Portugal
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If you are all set to file for AOS for your husband, you can always do that, wait the few weeks that it takes to get the NOA1 and then start the K2 for the 12-year old. That could bring you some peace of mind. 

 

I would also contact the embassy and ask what is the deadline for the K2s interview, to make sure you don't miss that window by mistake. I had my daughter's K2 interviews at the last possible date before their case expired - our embassy was very accommodating to our needs and requests. 

The K1 journey:                                                                                                                             The AOS journey:

11/09/2013 - I-129F Packet mailed to Dallas Lockbox                                                                                         06/22/2015 - AOS packet mailed to Chicago Lockbox

02/14/2014 - Case shipped to Embassy, where it waited for over a year at my request                                 11/07/2015 - AOS approved (EAD and AP had already been approved) - there was no interview

05/21/2015 - Interview - Approved

06/19/2015 - Wedding (L) 

                                                                                                                                                                      

The ROC journey:                                                                                                                         

10/12/2017 - ROC packet mailed to VSC

01/21/2019 - ROC Approved - there was no interview

 

The N-400 journey:

02/16/2020 - N-400 application filed online

02/21/2020 - Paper NOA received in the mail

03/13/2020 - Biometrics

02/02/2021 - Interview & test - Approved

02/05/2021 - Oath Ceremony

 

 

JOrOp1.png

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