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Moya30

Process for step child (split)

By Moya30 in IR-1 / CR-1 Spouse Visa Process & Procedures

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Moya30 Newbie

Moya30   7

Posted
Filed: AOS (pnd) Country: Jamaica
 Timeline
Posted

I really don't know where to post this. But if I'm in the wrong spot I'm really sorry.I don't know if anyone can help me with this but if you can please do I really appreciate it. so I have a pending adjustment. My husband is a US citizen. We want to petition for my son which is my husband stepson. My son is out of the country I want to get my son here I realize that I have to file i-130, after I file a i-130 can I file a k4 Visa?  Or I have to be in the same country as him to file k4 visa along with the  k3  Visa

 

 

Thanks in advance.

 

 

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
12 minutes ago, Moya30 said:

I really don't know where to post this. But if I'm in the wrong spot I'm really sorry.I don't know if anyone can help me with this but if you can please do I really appreciate it. so I have a pending adjustment. My husband is a US citizen. We want to petition for my son which is my husband stepson. My son is out of the country I want to get my son here I realize that I have to file i-130, after I file a i-130 can I file a k4 Visa?  Or I have to be in the same country as him to file k4 visa along with the  k3  Visa

K-4 is only applicable as the derivative of a K-3 visa. Unless he entered the US on a K-3 visa (these are extremely rare...less than a handful were issued last year), a K-4 is out of the question.

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

 

Moya30 Newbie

Moya30   7

Posted
Filed: AOS (pnd) Country: Jamaica
 Timeline
  • Author
Posted
Just now, geowrian said:

K-4 is only applicable as the derivative of a K-3 visa. Unless he entered the US on a K-3 visa (these are extremely rare...less than a handful were issued last year), a K-4 is out of the question.

Ok thanks so much. So the only option it to wait until i-130 approve?

 

On 5/26/2020 at 2:41 PM, Hassan Raza said:

It does help, thank you!

 

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
2 minutes ago, Moya30 said:

Ok thanks so much. So the only option it to wait until i-130 approve?

Yes. I-130 approval -> NVC -> consulate interview -> visa in hand.

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

 

Ontarkie Grand Master

Ontarkie   14,313

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Hijack post and related replies split off to its own thread. Thread also moved to IR1/CR1 P&P as the USC spouse will start the process for the child.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

JFH Grand Master

JFH   12,190

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You will also need to look into what pet issuing is needed from the child’s birth mother for your husband to permanently remove the child from the country. I’m guessing that since your husband arrived here without the child and has been living without the child since he arrived he does not have sole custody. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Ontarkie Grand Master

Ontarkie   14,313

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
6 minutes ago, JFH said:

You will also need to look into what pet issuing is needed from the child’s birth mother for your husband to permanently remove the child from the country. I’m guessing that since your husband arrived here without the child and has been living without the child since he arrived he does not have sole custody. 

She's the mother :) so something from the birth father. 

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

pushbrk Grand Master

pushbrk   12,999

Posted
Filed: Other Country: China
 Timeline
Posted
1 hour ago, Ontarkie said:

She's the mother :) so something from the birth father. 

Correct and yes, the CR2 or IR2 visa process, PROVIDED the son was under 18 when the marriage took place.  If not, no process based on the marriage.

 

The OP/Mother would need the father's specific permission for the child to immigrate to the USA, or court ordered full custody.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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