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MG1024

Bringing my stepchildren to the US

By MG1024 in Bringing Family Members of US Citizens to America

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MG1024 Contributor

MG1024   2

Posted
Filed: K-1 Visa Country: Dominican Republic
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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?

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SusieQQQ
SusieQQQ

Well if you filed 5 months ago and it takes 5 months... are you in possession of the visa??

geowrian
geowrian

USCIS does not issue visas. They only handle 1 part of the process. According to USCIS -https://egov.uscis.gov/processing-times/ Nebraska: 12 Months to 15.5 Months Potomac: 7.5 Months t

poposopo
poposopo

two years when citizen applies for step child? that's a lie. timeline clearly says  5-12 month. plus when it comes to unmarried step child under 18 there are unlimited visas coz they are immediate rel

Boiler Grand Master

Boiler   43,491

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

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?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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MG1024 Contributor

MG1024   2

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Filed: K-1 Visa Country: Dominican Republic
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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? 

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Boiler Grand Master

Boiler   43,491

Posted
Filed: K-1 Visa Country: Wales
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Posted

One form per child.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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MG1024 Contributor

MG1024   2

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Filed: K-1 Visa Country: Dominican Republic
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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.

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Boiler Grand Master

Boiler   43,491

Posted
Filed: K-1 Visa Country: Wales
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Posted (edited)

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 by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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Posted
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).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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SalishSea Grand Master

SalishSea   16,789

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Filed: Lift. Cond. (apr) Country: New Zealand
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Posted

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

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Boiler Grand Master

Boiler   43,491

Posted
Filed: K-1 Visa Country: Wales
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Posted

All the kids are under 18.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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SalishSea Grand Master

SalishSea   16,789

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
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Posted
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.  

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MG1024 Contributor

MG1024   2

Posted
Filed: K-1 Visa Country: Dominican Republic
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Posted

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. 

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