Child visa

[Kirch 0]

My wife is permanent resident now, child was on the original k1 visa. It’s been almost 4 yrs since she been here. We want to bring daughter here, what do we need to file? I see something about child to join, or do I file i130. And if I do the 130 does anyone know the process of it. Especially how the interview is set up. 

[payxibka 10,045]

3 minutes ago, Kirch said:

My wife is permanent resident now, child was on the original k1 visa. It’s been almost 4 yrs since she been here. We want to bring daughter here, what do we need to file? I see something about child to join, or do I file i130. And if I do the 130 does anyone know the process of it. Especially how the interview is set up. 

Follow to join expired after one year of the k1 issuance.   Now it is an i130.  Child will interview at the embassy.   NVC will set up the interview after the petition is approved and you supply all required documents.   Probably a good year from when you first submit the petition 

Edited August 6, 2019 by payxibka

[Unlockable 7,314]

File I130. Follow to join is over. For follow to join the child would have had to come within 1 year of the mother.

[aaron2020 11,651]

Too late to do a follow to join.

 

You will need to file an I-130 to start a new process.  Read the Guide.  It will take about a year to get a visa interview.

[geowrian 22,337]

On the plus side, the child won't need to do AOS or ROC.

Edited August 6, 2019 by geowrian

[JFH 12,190]

Was the child under 18 when you married? And how old is she now? If she’s still a minor the processing time will be about a year. Much longer if she is now an adult. 

[Kirch 0]

13 hours ago, payxibka said:

Follow to join expired after one year of the k1 issuance.   Now it is an i130.  Child will interview at the embassy.   NVC will set up the interview after the petition is approved and you supply all required documents.   Probably a good year from when you first submit the petition 

We would like to go over in 2021. So I’m trying to figure out the interview date. I have a certain time we want to go. I wonder if there is a way to request a certain time for interview. 

[payxibka 10,045]

Just now, Kirch said:

We would like to go over in 2021. So I’m trying to figure out the interview date. I have a certain time we want to go. I wonder if there is a way to request a certain time for interview. 

You cannot select a future interview date.  You can manage the interview date somewhat by dragging your feet at NVC to get it into a window of time

[aaron2020 11,651]

32 minutes ago, Kirch said:

We would like to go over in 2021. So I’m trying to figure out the interview date. I have a certain time we want to go. I wonder if there is a way to request a certain time for interview. 

How old is the child?  Was the child under age 18 when you married mom?  The answers to those questions will determine if she can immigrate by 2021 or must wait 10+ years for a visa.

Edited August 6, 2019 by aaron2020

[Kirch 0]

She is 11. And is it best to file the i485 with the i130. Do you know the process of the I130

[Kirch 0]

Why would she not need to do adjustment of status?

[geowrian 22,337]

4 hours ago, Kirch said:

She is 11. And is it best to file the i485 with the i130. Do you know the process of the I130

4 hours ago, Kirch said:

Why would she not need to do adjustment of status?

The original post indicated she was not in the US. AOS is only available for those currently within the US.

She will get an immigrant visa abroad, which grants permanent residency (aka a green card) upon entry. No need for AOS.