Bringing my stepchildren to the US

[MG1024 2]

Hi, it's been a while since I've been here.  I started here on the K-i Visa Journey in December 2015.  I'm happy to report that my husband has been here in the U.S. now for three years and is now a permanent resident.  Now I'm back here because we are starting the process to petition for his four children (my stepchildren).  We decided to wait and not bring the children on a K-4 because my fiance (now husband) wanted to get established first. 

 

I will be petitioning for the kids.  Do I use just one form for all 4 kids and send in the fee of $535?  All the kids are under the age of 18?

[Boiler 45,541]

Not K4 and seems K2 option has long gone so you file an I 130 for each as the step parent.

Presumably the Mother is OK with this?

[MG1024 2]

That's correct. That was a typo.  Yes, we can no longer do the K-2 so I'm filing the I-130, and yes the mother is fine with this.  Is it one form for all the kids and one filing fee? 

[Boiler 45,541]

One form per child.

[aleful 1,905]

hi

 

exactly, one petition for each child so you will have 4 different petitions, one i130 per child

 

 

[MG1024 2]

Thank you. 

 

[MG1024 2]

So I checked the USCIS website and it says this:

 

If you are the lawful permanent resident petitioner and the beneficiary qualifies under Items 2.A., 2.B., or 2.C. above, you are not required to file separate petitions for the beneficiary’s unmarried children under 21 years of age. They are considered derivative beneficiaries and you should list them in Part 4. of this petition. 

 

So if my husband petitions for the kids it would be only be one form. Would it only be one fee ($535)? I couldn't find the answer on the fee.

[Boiler 45,541]

Your husband could file for them true and that category is current but may not stay so.

 

Siblings can not be derivative beneficiaries of each other.

Edited December 17, 2019 by Boiler

[geowrian 22,337]

7 minutes ago, MG1024 said:

So I checked the USCIS website and it says this:

 

If you are the lawful permanent resident petitioner and the beneficiary qualifies under Items 2.A., 2.B., or 2.C. above, you are not required to file separate petitions for the beneficiary’s unmarried children under 21 years of age. They are considered derivative beneficiaries and you should list them in Part 4. of this petition. 

 

So if my husband petitions for the kids it would be only be one form. Would it only be one fee ($535)? I couldn't find the answer on the fee.

If you were an LPR and petitioned for your spouse, then his children would be derivatives.

However, that's not the case....either you or him will petition the children directly. Re-read the bolded statement above. The derivatives would be his children's children (which I'm assuming is nobody here).

[MG1024 2]

Ok, got it. Thanks 

[SalishSea 17,839]

Keep in mind that you may only petition for them if the stepparent relationship was created (via marriage) before they turned 18.

[Boiler 45,541]

All the kids are under 18.

[MG1024 2]

Yes, all the kids are under 18.

[SalishSea 17,839]

2 minutes ago, MG1024 said:

Yes, all the kids are under 18.

Then for the two options, you could calculate the overall cost vs estimated time to visa issuance, if the timing is important to you.  

[MG1024 2]

Yes, something to think about. 

 

Does anyone know how long this process is taking now?  I heard it's taking about 2 years from some and others have told me it's less than that.