Under 21 child sponsorship

[Leafsfan 54]

Apologies if this is a topic that's overdone. I went through about a dozen pages of posts, but finding a direct comparable is never easy.

 

I went through my green card journey about 6 years ago and have since naturalized. I have a now 20 year old son from a previous marriage that wants to go through the process and immigrate, possibly naturalize in the future.

 

First step; I complete the I-130. No problem.

 

What I'm hoping to figure out is the next and best step for moving him here. He's coming from Canada, and as many of my fellow former Canadians could attest to, the medical and interview process in Montreal is a burden to anyone living in western Canada. I'm not sure if it's avoidable for him, but naturally I'm hoping.

 

My options, as I understand them, are as follows:

1 - wait for consular processing to contact him for the next steps while he remains living in Canada.

2 - form I-129F for a K visa while the I-130 processes. I-751 to change status later. It's my understanding he would get student and work clearance with a K visa? We've communicated our expectations that he attend college and acquire part time employment if he's doing this, so that's something I'd like to confirm. Had anyone gone this route? I'd love to hear what your experience is.

 

One last thing, with him being 20, I don't imagine that the old custody agreement with my ex is relevant to this at all? Most of these documents are gone. No longer relevant after he graduated high school.

 

Thank you for any advice or experiences!

 

[Timona 4,207]

You can only do I-130. K-1 is for fiancé

[Leafsfan 54]

3 minutes ago, Timona said:

You can only do I-130. K-1 is for fiancé

The K visa referenced on the USCIS website is a K-4. Form I-129F

[SalishSea 17,787]

11 minutes ago, Leafsfan said:

The K visa referenced on the USCIS website is a K-4. Form I-129F

That visa is obsolete.

 

He will get an IR-2 visa via consular processing.  If he is in BC, I believe he could do the medical in Surrey, but yes, he would have to fly to Montreal for the interview, as that is where all US immigrant interviews are done.

 

 

[Lil bear 4,181]

14 minutes ago, Leafsfan said:

The K visa referenced on the USCIS website is a K-4. Form I-129F

K 4 visa is for the child of a current K3 visa holder. This does not apply in your circumstance 

[Leafsfan 54]

Once again the VJ forums to the rescue! Thanks for everyone's input. He's in Alberta, so nowhere near any services in this journey. Mine was 8 days in Montreal that I was hoping he could avoid. Ah well! Maybe I'll make a vacation of it too. Cheers!

 

Edited February 6, 2023 by Leafsfan

[nastra30 2,284]

Op, I'm assuming you've already submitted the I-130. if not, submit it ASAP so you can freeze his age before he turns 21.

[Leafsfan 54]

7 minutes ago, nastra30 said:

Op, I'm assuming you've already submitted the I-130. if not, submit it ASAP so you can freeze his age before he turns 21.

That's the plan! He posed the question just a few weeks ago. Just turned 20 last week.