Child out of wedlock; K2 petitioned but didn't get here in the US

[babygirl28 4]

Hi everyone! I just received my GC last March of this year and I want to petition my son (10 yrs.old and out of wedlock) from the PH, do I have to get the consent of his biological father? He hasn't seen his father for the last 8 years, no communication either. He was also included in the K2 petition (2013) before but didn't get the chance to come out here in the US. Will getting him a tourist visa an option too??

Edited May 2, 2017 by babygirl28

[Unlockable 7,316]

Tourist visa is for tourism. NOT for immigration. The K2 (follow to join) has passed since you came here in March of last year so it is no longer available because it has to be done within 1 year of you coming to the US.

 

What you will need is to for an immigrant visa for him. There are two ways to do this. You can file an I-130 for him as your immediate relative minor child, but this process will take about 2 years. Or, your spouse can file an I-130 for him as a stepchild, which will take about 1 year.

 

You spouse filing for him will be the faster and better route.

 

Follow these guides on the steps to proceed... http://www.visajourney.com/content/childpet

 

ETA: To answer your question about biological father's consent, usually the Philippines give sole custody to single mothers so consent from the father is often not needed. If the father has join or shared custody, then consent may be needed.

Edited May 2, 2017 by NuestraUnion

[NikLR 13,232]

Is his father on the birth certificate? Generally speaking you will have sole custody on a child out of wedlock since you're from the Philippines.  Adjusting on a tourist visa is not an option.  I suggest your USC spouse petition for your child as the wait is less by about 1 yr. 

[babygirl28 4]

13 minutes ago, NuestraUnion said:

Tourist visa is for tourism. NOT for immigration. The K2 (follow to join) has passed since you came here in March of last year so it is no longer available because it has to be done within 1 year of you coming to the US.

 

What you will need is to for an immigrant visa for him. There are two ways to do this. You can file an I-130 for him as your immediate relative minor child, but this process will take about 2 years. Or, your spouse can file an I-130 for him as a stepchild, which will take about 1 year.

 

You spouse filing for him will be the faster and better route.

 

Follow these guides on the steps to proceed... http://www.visajourney.com/content/childpet

I'm already divorced to my ex-husband. I had to file for a waiver to petition myself. Sorry for the confusion but I came out here Dec. 2013, I started to have marital troubles later of 2014, (my son was supposed to come out same time) which then led to my divorce.

Edited May 2, 2017 by babygirl28

[babygirl28 4]

5 minutes ago, NikLR said:

Is his father on the birth certificate? Generally speaking you will have sole custody on a child out of wedlock since you're from the Philippines.  Adjusting on a tourist visa is not an option.  I suggest your USC spouse petition for your child as the wait is less by about 1 yr. 

Yes, his father is in the birth certificate. He was acknowledged. 

[Unlockable 7,316]

8 minutes ago, babygirl28 said:

I'm already divorced to my ex-husband. I had to file for a waiver to petition myself. Sorry for the confusion but I came out here Dec. 2013, I started to have marital troubles later of 2014, (my son was supposed to come out same time) which then led to my divorce.

OK. I see.

Then you will file for the I-130 yourself. As I mentioned before, it will take about 2 years because you are a permanent resident.

You can still refer to the guides on how to proceed.

[babygirl28 4]

2 minutes ago, NuestraUnion said:

OK. I see.

Then you will file for the I-130 yourself. As I mentioned before, it will take about 2 years because you are a permanent resident.

You can still refer to the guides on how to proceed.

Ok. Thank you for the advice! I guess there's no other and better way for him to come out here faster. Do you know why it's taking longer now, the processing? I mean he's a minor. Just wondering. 

[Unlockable 7,316]

There is a faster/better way. It is called the K2. It was made specifically for situations like yours when  you first migrated to the US. But you passed the timeframe for that. So your only option now is the I-130.

 

Sorry things didn't work out with your marriage.

[babygirl28 4]

1 minute ago, NuestraUnion said:

There is a faster/better way. It is called the K2. It was made specifically for situations like yours when  you first migrated to the US. But you passed the timeframe for that. So your only option now is the I-130.

 

Sorry things didn't work out with your marriage.

Ok, got it! Thanks again!

[Jojo92122 1,924]

Visas for unmarried children under age 21 petitioned by an LPR parent is limited.  There are more beneficiaries than visas.  The current wait is 2 years.