LPR wife wants to bring daughter to USA

[Alex 0]

My wife would like to bring her daughter from the philippines to the us. She is 9 years old.

Originally she was issued a K2 visa and was supposed to immigrate with her mother(K1 visa) 1.5 years ago. She ended up staying in the Philippines. Now we would like her to join us in the states. My question is should my wife file an I-130 or should we file the I-824 since she already had an approved visa application and was issued a (now expired) K2 visa?

thank you.

-Alex

[Alex 0]

I just noticed this on the Manila Embassy website.

Following-to join derivative beneficiaries must present documentation establishing the principal applicant’s immigration status in the United States and their relationship to their principal. These include:

· A copy of the child’s birth certificate issued by the National Statistics Office

· A copy of the marriage certificate issued by the National Statistics Office

· A copy of the principal alien’s registration receipt card or I-551 or a copy of the principal alien’s passport pages indicating admission to the U.S. as an immigrant

· If applicable, Form I-824, Application for Action on an Approved Application or Petition

To register a family member as a following-to-join derivative, the above documents may be faxed to the Immigrant Visa Section at (632) 338-4129 or mailed to the U.S. Embassy, Immigrant Visa Branch, Roxas Blvd, Ermita, Manila. The documents must come with a letter of request clearly indicating the name of the applicant(s) and the applicant(s)' contact address and telephone number.

Once the Embassy ascertains the eligibility for following-to-join derivative status, it will provide instructions on how to apply for the visas.

It is important to remember that a child is only eligible for following-to-join benefits, if he or she is a child, stepchild or adopted child in accordance to U.S. immigration law.

Does this mean that I don't have to apply for the 1-824 at my service center that originally approved the application and that I can just fax all these documents to the embassy? Basically cut out the middle man?

[Yodrak 7]

Alex,

You should submit an I-130 petition for your stepdaughter.

An I-824 is meaningless in your situation. It is not applicable to the now expired K2 visa.

Yodrak

My wife would like to bring her daughter from the philippines to the us. She is 9 years old.

Originally she was issued a K2 visa and was supposed to immigrate with her mother(K1 visa) 1.5 years ago. She ended up staying in the Philippines. Now we would like her to join us in the states. My question is should my wife file an I-130 or should we file the I-824 since she already had an approved visa application and was issued a (now expired) K2 visa?

thank you.

-Alex

[Alex 0]

Thank you as always.