Bringing child to us

[lrpburton25 3]

My husband just got his Green Card and wants to bring his son . His son is on the Fiance Visa paper work . So what shall we do. How to we start filing for him he is 13 years old. What are the steps we need to take. 

 

[geowrian 22,337]

When was the K-1 issued by the embassy? If it's within 1 year since then, the son can use follow-to-join to get a K-2 visa.

 

After that, the child needs to be petitioned with an I-130. The USC should do this since it's about a 1 year wait. If the LPR does it, it's a ~2 year wait from filing to visa in hand currently (maybe longer).

[lrpburton25 3]

The K 1 was issued last year in June. Its been a year but my husband just got his green card 2 months ago. The year is up 

[lrpburton25 3]

So are you saying that its a 2 year wait and what is the LPR

[geowrian 22,337]

4 minutes ago, lrpburton25 said:

The K 1 was issued last year in June. Its been a year but my husband just got his green card 2 months ago. The year is up 

Ok, then a K-2 is no longer possible since it's been over a year since the K-1 was issued.

 

3 minutes ago, lrpburton25 said:

So are you saying that its a 2 year wait and what is the LPR

LPR = Legal Permanent Resident (green card holder)

 

It's a 2 year wait if your husband files. It's about a 1 year wait if you apply for your stepchild.

 

Guides:

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

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

Edited August 31, 2017 by geowrian

[lrpburton25 3]

No, I will file for him. So we need to start asap we starting with the 130?

[geowrian 22,337]

4 minutes ago, lrpburton25 said:

No, I will file for him. So we need to start asap we starting with the 130?

Okay. Yes, the first step is the I-130. Then there's several months of waiting for an approval. Then it goes to NVC where the next phase begins (I-864, DS-260, etc.). Once your case is complete, an interview is scheduled at the embassy. If approved, the embassy will issue a CR-2 visa, which grants LPR status the moment he enters the US on it. The physical green card will arrive in the mail later, but he can use his passport stamp (I-551) as a temporary green card in the meantime.

Edited August 31, 2017 by geowrian

[lrpburton25 3]

thank you how much they charge for 130

[geowrian 22,337]

8 minutes ago, lrpburton25 said:

thank you how much they charge for 130

$535 for the I-130. A brief summary of costs is here (it's for a spouse, but the costs are the same): https://rapidvisa.com/spousal-visa-cost/

Full disclosure: They are a site that helps prepare your application. I'm not endorsing them for this purpose...they just have a simple cost guide to reference.

[abum 324]

On 8/31/2017 at 5:43 PM, geowrian said:

Okay. Yes, the first step is the I-130. Then there's several months of waiting for an approval. Then it goes to NVC where the next phase begins (I-864, DS-260, etc.). Once your case is complete, an interview is scheduled at the embassy. If approved, the embassy will issue a CR-2 visa, which grants LPR status the moment he enters the US on it. The physical green card will arrive in the mail later, but he can use his passport stamp (I-551) as a temporary green card in the meantime.

Hi. A question here, if a child is adopted by a USC (via marriage to a non USC), would it still be filed under CR-2 visa? 

 

Also, wouldn't adoption cause the child to be USC automatically upon the entry into the USA with LPR status?

[geowrian 22,337]

7 hours ago, abumiqdad said:

Hi. A question here, if a child is adopted by a USC (via marriage to a non USC), would it still be filed under CR-2 visa? 

 

Also, wouldn't adoption cause the child to be USC automatically upon the entry into the USA with LPR status?

Adoption is a tricky subject with immigration...just adopting a child doesn't make them a USC nor grant LPR status, and there are many restrictions to prevent fraud and trafficking. It's possible to legally adopt a child and not have the child be eligible for any immigration benefits. I will refer to this very-summarized flyer: https://www.uscis.gov/sites/default/files/USCIS/Resources/A3en.pdf

 

That said, I think you're referring to a stepchild here, not necessarily an adopted child. A stepchild can be petitioned like any other child so long as they became a stepchild before age 18. This would fall under CR-2/IR-2 if the petitioning parent is a USC, or F2A if the petitioning parent is an LPR and the child is under 21 (and F2B if they are 21 or older).

 

A stepchild won't be granted citizenship upon entry with an immigrant visa. An adopted child, if the child meets the requirements, can be granted citizenship upon entry on the immigrant visa, which can then be recognized via an N-600 or by obtaining a US passport.

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

Edited September 16, 2017 by geowrian

[SimplyAmazing36 1]

Hello I have a question So my husband a Jamaican just got approval letter for his daughter. The wait was 6 months next week . He received his 2 year green card last year and we did the I130 for his daughter in March. So what happens after the approval letter, Please Thanks in Advance