Bring stepchildren to the US (ages 15 and 9)

[Scott-Ilyn 81]

Hello,

 

I married my fiance on 1/26/2022.  She came to the US on a Fiance Visa on 1/15/2022.  She has children in the Philippines who are being raised by their grandparents.  We indicated on the i-129f and DS-160 that her children are NOT joining her.  If we needed to bring her children to the US due to unforeseen circumstances, what is the best way to do that?  I've researched and found these two options.

 

Option 1.  I've read that I would need to fill out an i-130 for each of them.

Option 2.  I've also read that my wife could fill out an i-824 for both of them once she receives her green card.

 

Which of these options are correct given our circumstances?  If both options are available, which is the better of the two options?  Is there a another option that we're missing?

 

Thanks

[JeanneAdil 6,505]

I 824 under reason for form???

i do not see one that fits your situation

[Scott-Ilyn 81]

Hi,

 

Thanks for your response.  I believe the option would be: Option 1c under Part 2?

 

[JeanneAdil 6,505]

U would have to wait till she got her green card and its taking so long

not sure this is the fastest way to go

i am sure others have more experience than me with this process so i bow out to experience

good luck to u both 

happy life to u

[Scott-Ilyn 81]

I don't think we are in a big hurry.  It was more of a hypothetical question that I wanted to be prepared for just in case.

 

[JeanneAdil 6,505]

2 minutes ago, ScottLangbehn said:

I don't think we are in a big hurry.  It was more of a hypothetical question that I wanted to be prepared for just in case.

 

don't wait too long as it becomes harder when the 15 year old gets older especially if they marry ,etc

Edited March 28, 2022 by JeanneAdil

[Boiler 45,499]

Timing of course matters as K2 FTJ is only good for a year, if after this then you could petition them or she could assuming she has her GC. If she has her GC then probably more logical for her to petition them.

[Scott-Ilyn 81]

Yes.  Understood. Thank you for your time and assistance.

[Scott-Ilyn 81]

2 minutes ago, Boiler said:

Timing of course matters as K2 FTJ is only good for a year, if after this then you could petition them or she could assuming she has her GC. If she has her GC then probably more logical for her to petition them.

I guess that's my question. If I petition, i use the i-130.  If she (as LPR) petitions them, can she use the i-824?

[Boiler 45,499]

1 minute ago, ScottLangbehn said:

I guess that's my question. If I petition, i use the i-130.  If she (as LPR) petitions them, can she use the i-824?

That depends when, FTJ is only good for a year and then she has to file I 130's.

[Scott-Ilyn 81]

Thanks Boiler,

 

Are you saying that we cannot use the i-824 form because we specified that the children were not going to follow to join her?

[JeanneAdil 6,505]

10 minutes ago, ScottLangbehn said:

Thanks Boiler,

 

Are you saying that we cannot use the i-824 form because we specified that the children were not going to follow to join her?

no,  it means the I 824 would need to be done within a year of the K1 

[Scott-Ilyn 81]

That's the answer I was looking for.  I just wasn't sure of how / when exactly to use the i-824.  Most likely we will need to go the i-130 route.

 

Thanks @JeanneAdil

[mam521 2,062]

Just throwing this out there - if the children's father have any involvement in their lives, your wife will require permission to bring them to the US.  She will need full, court ordered custody or the father will have to grant her permission to bring them to the US.  Since you're in the planning phases, it's something worth noting.  

[Chancy 6,241]

2 minutes ago, mam521 said:

Just throwing this out there - if the children's father have any involvement in their lives, your wife will require permission to bring them to the US.  She will need full, court ordered custody or the father will have to grant her permission to bring them to the US.  Since you're in the planning phases, it's something worth noting.  

 

OP's wife and stepchildren are from the Philippines.  If she was never married to the children's biological father, no custody documents required.  Under Philippine law, mother has sole custody of children born out of wedlock.