Bringing my minor child to the US after my green card approval

[Jonan 4]

Hi VJ members! 

 

I moved to the US in May 2019 under a K1 visa. I am planning to bring my 13-year-old son after I receive my green card (sometime this March!).  I have included him in the I 129F petition and I-130. Do we apply for a K2 or K4  for him to come to the US? 

 

Thanks 

 

Jonan

[geowrian 22,337]

What I-130? You said you came on a K-1 visa. Unless you married after 90 days from entry, there should not be an I-130 anywhere.

 

K-4 is for the child of a K-3 holder. There is no K-3 here, so that does not apply.

 

When was your K-1 visa issued? A K-2 follow-to-join can be issued for up to 1 year from that date.

If that date has already passed or getting the K-2 visa will take beyond that date to be obtained, then he will need to be petitioned via an I-130.

If the stepparent (US citizen here) petitions then it will be under CR-2 vategory. ETA: ~11-15 months from petition filing to visa interview on average.

If you petition them, it will fall under F2A, which historically has taken the better part of 2 years.

 

Do you have permission from the other parent, or a court order, for him to immigrate? If not, start on this.

Edited March 11, 2020 by geowrian

[Just Paul 4,595]

4 hours ago, Jonan said:

 I have included him in the I 129F

There is no technical reason not to have already filled.   A K2 is much faster compared to any other option.

 

Have your spouse petition the child via I-130 if it is too late to do K2 follow to join.  

[Jonan 4]

My k1 visa was issued on January 17, 2019. My spouse applied for my I-130 AOS and I included my son’s name in the petition.  
 

Yes. His biological father permits him to immigrate to the USA. 

 

So we have to apply for a CR2 category? Does that make the process faster compared to F2A?

Edited March 11, 2020 by Jonan

[Jonan 4]

Thank you! I guess we have to file a separate I-130 for my son being my spouse as the petitioner. 
 

[Just Paul 4,595]

13 minutes ago, Jonan said:

So we have to apply for a CR2 category? Does that make the process faster compared to F2A?

Yes CR2 is faster than F2 by 6 to 10 months.   File now to get it started.   You don't need to have a green card issued.

[geowrian 22,337]

Yup, the window for a K-2 has passed. You gotta do an I-130 now, preferably via the USC petitioner for a CR-2 for the fastest path.