K1 or CR1

[Tim and Joan 5]

Hello everyone,

I have been researching my situation a lot and need some help. My Fiancé is Filipino and she has been working in Hong Kong for 6 years. She has 2 children that we would also like to bring to the US. From what I can tell the K1 is a good option for this however we want to go through the embassy in Hong Kong because the wait time in Hong Kong is less and that is where she lives. My understanding is when a K2 is applied for the children the embassy will want to move her case to Manila. With a CR1 she can travel back to the Philippines right away after coming to the US. I would rather here leave Hong Kong and bring them through the POE with her all in 1 trip due to travel costs. 
 

any thoughts would be appreciated. 
thanks

Tim

[Boiler 45,445]

How old are the children?

[Tim and Joan 5]

They are 9 and 12

[Boiler 45,445]

Then CR1 and 2.

[Chancy 6,241]

19 hours ago, Tim y said:

She has 2 children that we would also like to bring to the US.

 

Was she married to her children's father?

 

[Tim and Joan 5]

24 minutes ago, Chancy said:

 

Was she married to her children's father?

 

Yes she was. She is completing her divorce in Hong Kong now. It should be done in a month. Her ex is okay with her bringing them to the IS. Any advice on that would be appreciated. 
 

Thabks,

Tim

[Chancy 6,241]

3 minutes ago, Tim y said:

Yes she was. She is completing her divorce in Hong Kong now. It should be done in a month. Her ex is okay with her bringing them to the IS.

 

If it is possible for her to get legal custody papers as part of her divorce proceedings in Hong Kong, advise her to do it.  The US consulate, whether in Hong Kong or in Manila, might require legal custody documents for her children's immigration.

 

[Tim and Joan 5]

1 minute ago, Chancy said:

 

If it is possible for her to get legal custody papers as part of her divorce proceedings in Hong Kong, advise her to do it.  The US consulate, whether in Hong Kong or in Manila, might require legal custody documents for her children's immigration.

 

That’s great advice. I think she did but I will make sure. I’ll post what I find out. 
 

thank you

Tim

[Boiler 45,445]

Where are the children?

[Tim and Joan 5]

3 minutes ago, Boiler said:

Where are the children?

They live in the Philippines with my Fiancé parents. Dad hasn’t been in their lives at all for 9 years. 

[Boiler 45,445]

8 minutes ago, Tim y said:

They live in the Philippines with my Fiancé parents. Dad hasn’t been in their lives at all for 9 years. 

You will need to make sure he is out of the picture, sometimes payment is required.

 

Obviously they need passports, will they be moving to HK or what is the plan?

 

[Tim and Joan 5]

18 minutes ago, Boiler said:

Where are the children?

They are working on passports now. Dad lives in Manila and the kids are in Cebu. He signed the divorce papers and I think he gave up custody with those papers.  The plan is for them to stay in Cebu until the visas are done. 

[Boiler 45,445]

PI is likely to take a lot longer so just a heads up and make sure the paper work is sorted.

[Tim and Joan 5]

19 hours ago, Boiler said:

PI is likely to take a lot longer so just a heads up and make sure the paper work is sorted.

Ya they sure are  I found out from the attorney that did the divorce the legal custody part wasn’t addressed because it needs to come from the Philippines court. Also they explained it needs to be done closer to the interview. So bummer there. At the time I file for the I130 is that when I should file for the CR2 /K2?