I130 or I824 for Children

[VictoriaS208 178]

Hello. 

 

I'm the USC getting to ready to prepare my husbands petition to remove conditions on his conditional green card. 

 

He immigrated on a K1 Visa. He has 3 children who were not included in the I129F petition because we believed the children needed to immigrate with him. Due that they are small children and the they were not coming to the USA, we failed to include them.

 

Since my husband and I are still less than 2 years married, we want to petition the children now before the removal of conditions. 

 

Should I file I130 form for each chid or form I824 follow to join?? I'm confused on these two. 

[geowrian 22,338]

I-824 doesn't apply for FTJ from K-1. They would just apply for the K-2 visa at the consulate/embassy. But it has to be within 1 year of the original K-1 visa being issued, which doesn't appear to be the case based on your timeline.

 

I-130s for each child are needed. ETA: ~12-16 months.

 

Not having listed the children is not a bar, but you may be asked why they weren't listed...it's not uncommon for people to hide children (or now claim children that aren't legally their own) so there may be some suspicion. At the same time, many people make that mistake as well.

[VictoriaS208 178]

16 minutes ago, geowrian said:

I-824 doesn't apply for FTJ from K-1. They would just apply for the K-2 visa at the consulate/embassy. But it has to be within 1 year of the original K-1 visa being issued, which doesn't appear to be the case based on your timeline.

 

I-130s for each child are needed. ETA: ~12-16 months.

 

Not having listed the children is not a bar, but you may be asked why they weren't listed...it's not uncommon for people to hide children (or now claim children that aren't legally their own) so there may be some suspicion. At the same time, many people make that mistake as well.

Perfect, thank you so much for taking your time to respond and clarify! Very much appreciated!

[moreyna 11]

On 10/1/2018 at 1:17 PM, geowrian said:

I-824 doesn't apply for FTJ from K-1. They would just apply for the K-2 visa at the consulate/embassy. But it has to be within 1 year of the original K-1 visa being issued, which doesn't appear to be the case based on your timeline.

 

I-130s for each child are needed. ETA: ~12-16 months.

 

Not having listed the children is not a bar, but you may be asked why they weren't listed...it's not uncommon for people to hide children (or now claim children that aren't legally their own) so there may be some suspicion. At the same time, many people make that mistake as well.

I’m doing the same process but I thought i 824 would be filed because he has adjusted status to CPR. The 824 would be them joining at his current immigration status they dont need k visas because he is no longer a fiance. The 824 would be them following to join based on his approved AOS. Now if he had immigrated already as a spouse then i130 would be needed or at least that is my understanding.

[geowrian 22,338]

1 hour ago, moreyna said:

I’m doing the same process but I thought i 824 would be filed because he has adjusted status to CPR. The 824 would be them joining at his current immigration status they dont need k visas because he is no longer a fiance. The 824 would be them following to join based on his approved AOS. Now if he had immigrated already as a spouse then i130 would be needed or at least that is my understanding.

Please post your own thread. Feel free to tag me ("@" + "geowrian"). Please also provide more details of the history of your case.