Children of a K1 VISA Beneficiary (merged)

[Kawika & Michelle 108]

1 hour ago, powerpuff said:

the only other option is for you to petition him as a step son (I-130) or she can also petition him after becoming an LPR but that will take longer as opposed to you petitioning him 

 

That was what we were originally planning to do before we learned about the "follow to join" option. And based on the timetables for I-130 it could end up taking 2-3 years before he ever is able to join us in the US. That's not something I would ask of my fiancé. 

[Kawika & Michelle 108]

1 hour ago, powerpuff said:

Maybe ask another family member to accompany?

 

I think the problem here is that wouldn't that family member require some other visa as well...maybe a US tourist visa?

[powerpuff 6,697]

5 minutes ago, Kawika & Michelle said:

 

I think the problem here is that wouldn't that family member require some other visa as well...maybe a US tourist visa?

Sorry I should’ve expanded on my thoughts. I was thinking to ask a relative to accompany him and for you to come to PI so you’d have some time to bond, albeit brief but at least the relative is there to ease him into spending time with you. And then you can fly back with him to the US. 

[Kawika & Michelle 108]

4 minutes ago, powerpuff said:

Sorry I should’ve expanded on my thoughts. I was thinking to ask a relative to accompany him and for you to come to PI so you’d have some time to bond, albeit brief but at least the relative is there to ease him into spending time with you. And then you can fly back with him to the US. 

Understood. I've spent time with him on multiple albeit brief occasions (4 trips to the Philippines)...but without us being able to really communicate & with our prior interactions being limited to only interactions with his mom present...I just think that expecting him to be calm & comfortable traveling 20+ hours to the US will probably be too much at this point. The last thing I would want is to be trapped in a plane or in a foreign country on a layover (likely 8 hours or more in Taiwan) with a kid who is crying because he is legitimately scared.

[powerpuff 6,697]

4 minutes ago, Kawika & Michelle said:

Understood. I've spent time with him on multiple albeit brief occasions (4 trips to the Philippines)...but without us being able to really communicate & with our prior interactions being limited to only interactions with his mom present...I just think that expecting him to be calm & comfortable traveling 20+ hours to the US will probably be too much at this point. The last thing I would want is to be trapped in a plane or in a foreign country on a layover (likely 8 hours or more in Taiwan) with a kid who is crying because he is legitimately scared.

Unfortunately, I do not see a different option if your wife won’t have her AP on time. It’s either that or having you/his mom petition him 

[Kawika & Michelle 108]

1 minute ago, powerpuff said:

Unfortunately, I do not see a different option if your wife won’t have her AP on time. It’s either that or having you/his mom petition him 

 

Sadly...that would seem to be the case. You would think that they would have thought the process through a bit more to allow for situations like ours.

[Timona 4,207]

Have relative fly with kid to CDM.

 

You fly back with him. 1.5 hours to IAH

 

This plan, unfortunately, involves paying relatives round trip ticket but at least you guys can bond 3 or 4 days before leaving for US.

[Redro 4,611]

52 minutes ago, Kawika & Michelle said:

 

Sadly...that would seem to be the case. You would think that they would have thought the process through a bit more to allow for situations like ours.

1 year follow to join did allow for situations like yours ... but now with the backlogs USCIS has not extended follow to join or given the option for expedited AP to allow parents to pick up their K2 children. Sometimes bureaucracy moves to slowly to account for changes... but then again processing times could speed up.... 

As you have a year to get things sorted... I would look to bonding with the child via FaceTime/Zoom/Skype after your partner moves over to the US and then hopefully when his K2 visa is issued he will feel excited about seeing you as opposed to scared. 

Things might pick up though... and your wife might receive her GC or AP in a few months. There have been scattered reports of people receiving GC very quickly. 

I would plan for two eventualities... go the follow to join option and hope your wife gets AP/GC so she can pick up her son WHILE bonding with her son online and if she cannot travel find a way to fly him and his relative to a third country where you can meet him. Hang out with him and then fly to the US together... 

 

Edited April 24, 2023 by ROK2USA

[Kawika & Michelle 108]

13 hours ago, Timona said:

Have relative fly with kid to CDM.

 

Too early in the morning for me to figure this one out  Where is CDM?

[Timona 4,207]

38 minutes ago, Kawika & Michelle said:

 

Too early in the morning for me to figure this one out  Where is CDM?

 

Mexico City. It's only 1.5 hours flight from IAH. Been there, done it

I believe Filipinos can easily get into Mexico. So, this should sort your problem.

[Chancy 6,241]

22 hours ago, Kawika & Michelle said:

what exactly is the process for us to petition for her son after she is in the US? Should we start a petition for him immediately after we get married? After we apply for her AOS? What process would we be looking to follow to bring her son here?

 

Some key points to remember as you consider your options --

• Your fiancee's K1 visa will be valid for 6 months maximum from the date of her medical clearance.  So if she completed her medical end of March, she has until end of September to travel to the US.
• A K2 visa must be issued within 1 year of the issuance date of the parent's K1 visa.  Extension to 18 months after K1 issuance was previously in place due to COVID, but may still be allowed at the discretion of the consulate.
• A valid passport is required to submit DS-160 form for K2 visa, but not required for I-130 petition for step-child of a USC.
• You and your spouse-to-be will need to have a valid marriage certificate to file an I-130 for your step-child.
• A Filipino minor traveling abroad without either biological parent needs DSWD travel clearance to be able to board the plane.

Your options (assuming your fiance will attend her upcoming K1 interview without rescheduling) --

• [K2 option]  Get PH passport for the child.  File DS-160, book K2 interview, book SLEC medical.

1. Your fiancee and her son travel together after her son's K2 visa is issued and before her K1 visa expires.
2. Your fiancee travels to the US ahead of her son.  You two get married.  Your wife files I-485/I-765/I-131.  Your wife requests expedite for her I-131 AP on the basis of her son's K2 travel.  Hopefully your wife gets her AP or GC within 1 year and travels to the PH to accompany her son to the US with his K2 visa.  @BOKURAGAITA was able to do this recently, with a lot of luck and perseverance -- https://www.visajourney.com/forums/topic/790217-expedite-ap-approved/
3. If your wife does not get her AP or GC on time, ask your wife's relatives in the PH to apply for DSWD travel clearance for her son to be able to travel without her.  You travel to the PH to accompany your step-son to the US with his K2 visa and DSWD clearance.

• [CR2 option]  Your fiancee travels to the US ahead of her son.  You two get married.  Your wife files I-485/I-765/I-131.  You file I-130 for your step-child.  Get PH passport for the child.  File DS-260 after I-130 is approved.  NVC sends interview schedule after case is DQ.  Re-schedule interview if necessary until your wife has either AP or GC.  Book SLEC medical.  Your wife travels to the PH to accompany her son to the US with his CR2 visa.  Your step-son immediately gains LPR status, no need to file I-485.

[Kawika & Michelle 108]

@Chancy thanks for the detailed response & link to the thread. At this point we are planning to go the "Follow To Join" route with his mom flying over as soon as she has her visa in hand. I've reached out to the Manila embassy, as it appears that they do not require any children 14 years of younger to attend interviews. It really would be pointless for the interviewer to try to interact with her son at age 4/5. We'll just have to hope that we can work something out with the embassy or get our Advanced Parole expedited to make sure that she/we can go there next summer to bring him home with us. Our wedding is planned for June 10th..so I plan to file everything the following week to get the ball moving.