Waiting for K1, what is timeline to bring her Filipino child

[accumbyte 149]

11 hours ago, NikLR said:

She could inform the consulate but Im not particularly sure it matters where the K2 interviews? 

It does. As a Philippine citizen, the child needs a Canadian tourist visa to seek entry into Canada. Even if the child enters Canada, would the Montreal Consulate issue a K-2 to the child with only tourist status? In the other scenario, what would the process be for the K-2 to be issued in Manila if the K-1 is issued in Montreal? Would Manila need the complete original file of the approved I-129F?

Edited March 30, 2019 by accumbyte

[NikLR 13,227]

4 hours ago, accumbyte said:

It does. As a Philippine citizen, the child needs a Canadian tourist visa to seek entry into Canada. Even if the child enters Canada, would the Montreal Consulate issue a K-2 to the child with only tourist status? In the other scenario, what would the process be for the K-2 to be issued in Manila if the K-1 is issued in Montreal? Would Manila need the complete original file of the approved I-129F?

No i mean i dont think it matters that they interview at a different consulate. I know the child cannot interview in Montreal.  Im Canadian.  

There's nothing I read that says they must interview at the consulate or embassy of the parent.  But theres also nothing that says they can interview elsewhere either.  Calling the DOS may clarify for the OP. Im sure it's been done or asked before. 

Regardless after marriage the I-130 CR2 visa is also a viable route.  It will be a CR2 if the child enters before the couple are married for 2 years. Which, yes, means a separate ROC fee for the child if they dont recieve their green card within 90 days of the beneficiary parent.  At that point it may be beneficial to wait financially for the marriage to be more than 2 years old.  Whether or not the OPs fiancee wants to wait that much longer to live with their child again is up to them.  

 

[accumbyte 149]

15 hours ago, NikLR said:

Which, yes, means a separate ROC fee for the child if they dont recieve their green card within 90 days of the beneficiary parent.  At that point it may be beneficial to wait financially for the marriage to be more than 2 years old.

Cost comparisons

K-2 Follow to Join (this differs with a young K-2 that comes about the same time as the K-1; i.e. a $390 cheaper K-2 AOS "Under 14 and filing with the I-485 application of at least one parent"):

Petition filing fee: No separate petition means no fee. $0

Embassy fee: $265

Medical Exam: Varies

Travel Costs: Varies

AOS: $1140 if under 14. $1225 if 14-78.

ROC: Not completely ruled out since USCIS processing is not always predictable. E.g. the K-2 enters 11 months after the K-1. Depending on the field office (and sometimes luck), AOS could be approved before OP's 2 year marriage anniversary. Thus a separate $680 ROC fee.

 

IR-2/CR-2:

I-130: $535

NVC fee: $445

USCIS Immigrant Fee: $220

Medical Exam: Varies

Travel Costs: Varies

AOS: No AOS. $0

ROC: Very likely. $680

 

Summary (CR-2 ROC fee assumed below)

No K-2 ROC fee comparison: K-2 is ~$475 ($1880-$1405) cheaper than CR-2

With K-2 ROC fee comparison: CR-2 is ~$205 ($2085-$1880) cheaper than K-2

 

Not a huge difference. With the IR-2/CR-2 there is no guesswork, i.e. the exact process, etc., unlike the K-2 follow to join for OP's future step-child. OP could follow the following steps:

1. His fiance enters the US with the K-1.
2. They marry (and wait for an official copy of the marriage certificate).
3. Around the time the K-1 AOS is filed OP can start the IR-2/CR-2 process by filing the I-130.
4. After I-130 approval it's NVC stage.
5. Then Embassy stage.
6. If only the OP picks up the child, then the child would need Department of Social Welfare and Development travel clearance: https://rapidvisa.com/taking-fiances-spouses-children-philippines/ Then the child enters the US.
7. Very likely ROC will be required 2 years later.

[accumbyte 149]

50 minutes ago, accumbyte said:

If only the OP picks up the child, then the child would need Department of Social Welfare and Development travel clearance: https://rapidvisa.com/taking-fiances-spouses-children-philippines/

The child would also need a document from the Commission of Filipinos Overseas: https://cfo.gov.ph/rnr-pdos.html Minors aged 12 and below are exempted from attending the PDOS/Peer Session but still need to register personally or by proxy. The Peer Counseling Program is for children aged 13-19 years old.

[Usaph 19]

On 3/30/2019 at 9:04 PM, NikLR said:

No i mean i dont think it matters that they interview at a different consulate. I know the child cannot interview in Montreal.  Im Canadian.  

There's nothing I read that says they must interview at the consulate or embassy of the parent.  But theres also nothing that says they can interview elsewhere either.  Calling the DOS may clarify for the OP. Im sure it's been done or asked before. 

Regardless after marriage the I-130 CR2 visa is also a viable route.  It will be a CR2 if the child enters before the couple are married for 2 years. Which, yes, means a separate ROC fee for the child if they dont recieve their green card within 90 days of the beneficiary parent.  At that point it may be beneficial to wait financially for the marriage to be more than 2 years old.  Whether or not the OPs fiancee wants to wait that much longer to live with their child again is up to them.  

 

Appreciate the info, thanks!

9 hours ago, accumbyte said:

Cost comparisons

K-2 Follow to Join (this differs with a young K-2 that comes about the same time as the K-1; i.e. a $390 cheaper K-2 AOS "Under 14 and filing with the I-485 application of at least one parent"):

Petition filing fee: No separate petition means no fee. $0

Embassy fee: $265

Medical Exam: Varies

Travel Costs: Varies

AOS: $1140 if under 14. $1225 if 14-78.

ROC: Not completely ruled out since USCIS processing is not always predictable. E.g. the K-2 enters 11 months after the K-1. Depending on the field office (and sometimes luck), AOS could be approved before OP's 2 year marriage anniversary. Thus a separate $680 ROC fee.

 

IR-2/CR-2:

I-130: $535

NVC fee: $445

USCIS Immigrant Fee: $220

Medical Exam: Varies

Travel Costs: Varies

AOS: No AOS. $0

ROC: Very likely. $680

 

Summary (CR-2 ROC fee assumed below)

No K-2 ROC fee comparison: K-2 is ~$475 ($1880-$1405) cheaper than CR-2

With K-2 ROC fee comparison: CR-2 is ~$205 ($2085-$1880) cheaper than K-2

 

Not a huge difference. With the IR-2/CR-2 there is no guesswork, i.e. the exact process, etc., unlike the K-2 follow to join for OP's future step-child. OP could follow the following steps:

1. His fiance enters the US with the K-1.
2. They marry (and wait for an official copy of the marriage certificate).
3. Around the time the K-1 AOS is filed OP can start the IR-2/CR-2 process by filing the I-130.
4. After I-130 approval it's NVC stage.
5. Then Embassy stage.
6. If only the OP picks up the child, then the child would need Department of Social Welfare and Development travel clearance: https://rapidvisa.com/taking-fiances-spouses-children-philippines/ Then the child enters the US.
7. Very likely ROC will be required 2 years later.

Wow!! Thank you for such a detailed reply! What an awesome community here

[Usaph 19]

On 3/29/2019 at 10:14 PM, accumbyte said:

There is an alternate option #3. After she enters the US and you marry, you, not her, should file the I-130 petition to start the IR-2 process for your then step-son; https://www.visajourney.com/content/child:

The IR-2 process takes about 14 months. With the IR-2 process your then step-son will have green card status upon entry to the US with the IR-2 visa.

We're revisiting this topic now that we're married and planning our next steps

 

If my wife (child's birth mother) picks up the child in the Philippines, is there any need for clearance or any other paperwork?

 

Once the IR-2 is approved, is there a time limit on entry to the US?

 

Thank you so much!

Edited November 25, 2019 by Usaph

[payxibka 10,045]

37 minutes ago, Usaph said:

We're revisiting this topic now that we're married and planning our next steps

 

If my wife (child's birth mother) picks up the child in the Philippines, is there any need for clearance or any other paperwork?

 

Once the IR-2 is approved, is there a time limit on entry to the US?

 

Thank you so much!

The visa once issued,  will have an expiration date.   Entry must happen before it expires 

[Usaph 19]

20 hours ago, payxibka said:

The visa once issued,  will have an expiration date.   Entry must happen before it expires 

How long is the expiration date out.. 6 months, a year?

[aaron2020 11,651]

Generally, the immigrant visa will expire 6 months from the date of the medical.

[Usaph 19]

15 minutes ago, aaron2020 said:

Generally, the immigrant visa will expire 6 months from the date of the medical.

Gotcha, thank you. Would be nice to have a longer window to coordinate with moving/school, but it'll work out.

[payxibka 10,045]

55 minutes ago, Usaph said:

Gotcha, thank you. Would be nice to have a longer window to coordinate with moving/school, but it'll work out.

Just delay the issuance of the Visa to fit your schedule 

[Usaph 19]

52 minutes ago, payxibka said:

Just delay the issuance of the Visa to fit your schedule 

So by that, delay when we schedule the medical?

[payxibka 10,045]

1 minute ago, Usaph said:

So by that, delay when we schedule the medical?

What scheduled medical?  SLEC is walk-in only.   By delay,  I mean drag your feet when submitting documents to NVC to delay the scheduling of the interview until you are closet to being ready 

[P&G2019 67]

On ‎3‎/‎29‎/‎2019 at 10:36 PM, accumbyte said:

Very safe option as long as the child is not close to the age of ~21.

This is great to know as we will go through the same process...

[Usaph 19]

2 minutes ago, payxibka said:

What scheduled medical?  SLEC is walk-in only.   By delay,  I mean drag your feet when submitting documents to NVC to delay the scheduling of the interview until you are closet to being ready 

Ok gotcha. We were hoping to start paperwork just to get it out of the way but we'll have to time it better.