Bringing children to US after arrival [merged threads]

[Glenda and Tony 4]

Hi all,

Just a quick question here. My husband arrived in April on a K-1 visa. We did not bring the children because he wanted to see how things were here in the US before bringing them. Pretty soon we are looking at them coming over but I am not sure what we need to do. Does anyone know the process once the parent has arrived and then sends for the children? The children were listed on the K1 application. Please advise. Thank you.

[powerpuff 6,697]

You can have the child go through K2 follow to join:

Not sure if your spouse will have travel document to accompany the child to interview and then US,  you might have to ask a relative or yourself accompany your step child and fly back to the US.

 

Other option is for USC to petition a step child (I-130) or spouse can apply after becoming an LPR, those take much longer than follow to join. 

 

 

[JeanneAdil 6,498]

need to find the steps that allow the father to take the kids out of the country

permission from the mother or the court appointed guardian

or court papers saying u can

[powerpuff 6,697]

1 minute ago, JeanneAdil said:

need to find the steps that allow the father to take the kids out of the country

permission from the mother or the court appointed guardian

or court papers saying u can

Good point 

[Glenda and Tony 4]

16 hours ago, powerpuff said:

You can have the child go through K2 follow to join:

Not sure if your spouse will have travel document to accompany the child to interview and then US,  you might have to ask a relative or yourself accompany your step child and fly back to the US.

 

Other option is for USC to petition a step child (I-130) or spouse can apply after becoming an LPR, those take much longer than follow to join. 

 

 

Thank you. I will go to get the children but my brother in law can accompany the children for the interview. Do you know what ages they interview? The children are 10, 7, and 4.

[Chancy 6,241]

17 hours ago, Glenda and Tony said:

Does anyone know the process once the parent has arrived and then sends for the children? The children were listed on the K1 application.

 

You and your husband may choose either the K2 visa or the CR2 visa process for the children.  F2A visa is another option for when your husband gets his green card, but F2A will likely take many years longer than either K2 or CR2.

 

For K2, you just need to fill out a DS-160 form, pay the MRV fee, book the medical exam and visa interview appointment.  This must be done for each child, so DS-160 & MRV fee x 3.  Note that there is a time limit for the K2 -- the whole process up to visa issuance must be completed within 1 year of the parent's K1 visa issuance date.  After that, the children will no longer be eligible for K2 visas.

 

After the children arrive in the US with their K2 visas, they will need to go through the AOS process, just like your husband.  So I-485/I-765/I-131 & filing fees x 3 again.

 

For CR2, there is no 1-year limit.  You (the US citizen step-parent) may start the CR2 process anytime before the children turn 21 years old.  Start by filing an I-130 petition for each child.  Wait for petition approval, submit the NVC requirements, wait for visa interview schedule, complete the medical exam, and attend the interview.  After the children arrive with their CR2 visas, no need to go through AOS.  They immediately gain LPR status.

 

[Glenda and Tony 4]

Good morning,

Has anyone experienced getting married on a K-1 visa and children to follow at a later date? We are now ready for my husband's children to join us and I just wanted to know the steps. I know we have to complete a DS 160 for each child, get passports and complete the medical exam, but is there anything else? I read that since the children are under 14 years old they don't need an interview. Any information will be helpful. Thank you.

[Verrou 1,962]

did u and ur spouse married already?

if yes, its gonna be consular processing for the children and filed i-130, later on DS260 and not DS160

wheres ur spouse and the children now?

 

[Glenda and Tony 4]

Yes, we are married. My husband is here in the United States with me and the children are in Dominican Republic with their mother. 

[Mike E 11,739]

3 hours ago, Glenda and Tony said:

Good morning,

Has anyone experienced getting married on a K-1 visa and children to follow at a later date?

https://www.visajourney.com/forums/topic/710314-k2-follow-to-join/

3 hours ago, Glenda and Tony said:

 

 

We are now ready for my husband's children to join us and I just wanted to know the steps. I know we have to complete a DS 160 for each child, get passports and complete the medical exam, but is there anything else? 

How long ago did the K-1 enter the U.S?

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

 

Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required
 

3 hours ago, Verrou said:

did u and ur spouse married already?

if yes, its gonna be consular processing for the children and filed i-130, later on DS260 and not DS160

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html
 

If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa.
 

2 hours ago, Glenda and Tony said:

Yes, we are married.

While they might still enter as K-2s, for their safety it is better to do as @Verrou advises. As their step parent, you file I-130 before they reach age 21. After two years of marriage  submit all required documents to  NVC. They will then get IR-2 visas.

Edited August 31, 2023 by Mike E

[Chancy 6,241]

*** Merged related threads.  Please post your questions/updates related to this topic in this thread to keep the discussion in one place. ***

[Glenda and Tony 4]

8 hours ago, Mike E said:

https://www.visajourney.com/forums/topic/710314-k2-follow-to-join/

How long ago did the K-1 enter the U.S?

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

 

Separate petitions are not required if the children accompany or follow to join you within one year from the date of issuance of your K-1 visa. If they want to travel later than one year from the date your K-1 visa was issued, they will not be eligible to receive K-2 visas, and separate immigrant visa petitions will be required
 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html
 

If your child has a valid K-2 visa and you have already adjusted status to that of permanent resident, your child may still travel on the K-2 visa.
 

While they might still enter as K-2s, for their safety it is better to do as @Verrou advises. As their step parent, you file I-130 before they reach age 21. After two years of marriage  submit all required documents to  NVC. They will then get IR-2 visas.

My husband came here in April 2023 and we got married shortly after his arrival. I understand that the children could follow on a K2 visa as long as it was before March 2023. I just was trying to see what documents were needed, if they children would be interviewed, etc... What do you mean, "for their safety"? Also, wouldn't going the IR-2 visa route take longer? We are within the year time frame and I just thought we could complete their visa application, get necessary documents together and complete medical exam and that would be all.

[Mike E 11,739]

7 minutes ago, Glenda and Tony said:

What do you mean, "for their safety"?

Do as I advise and they will not be subject to I-751. I-751 gets messy for kids of parent and step patent divorce.

 

8 minutes ago, Glenda and Tony said:

Also, wouldn't going the IR-2 visa route take longer?

Of course.

[Scott-Ilyn 81]

On 5/4/2023 at 4:33 PM, Glenda and Tony said:

Does anyone know the process once the parent has arrived and then sends for the children? The children were listed on the K1 application.

We emailed the Manila embassy that we would like to process the K2 children follow to join - In our case, the case needed to be transferred from HK to the Philippines.  Once transferred, we received an email back from the embassy about the process, 1) we filled out the DS160, 2) paid their visa fees, 3) scheduled their embassy interview, 4) schedule their medical exam, and 5) They attended their interview.  This took several flights and hotel stays back and forth between their home town and Manila.  Their ages were 10 and 15.  We had them memorize facts and details about me, my address, my work, etc for the interview.  There were a few questions that they asked the kids and they did very well.  My wife flew to the Philippines from the US for the embassy interview in March and I flew out to the Philippines in May.  We picked up their passports with the k2 visas in May after I arrived.  We all flew back together at the end of May.  No problems departing the Philippines or arriving in the US (Chicago POE).  We didn't have to deal with the father's allowing the children to leave because they were out of the picture and the Philippines law assumes the mother has full custody, I guess.  All I know is that it went as smoothly as it could given the level of complexity that the immigration process entails.  We were very blessed because I've read other horror stories on VJ.

 

See more details below

 

1)  DS160-We filled out 1 DS160 for each child and saved / printed the DS-160 confirmation page.

2) Paid visa fees - Paid the fees locally and obtained a receipt

3) Scheduled their interview - We used the receipt number to record the payment on the ustraveldocs website for the Philippines which allowed us to schedule our interview

4) Scheduled their medical exam - We needed to have the the interview letter to schedule their medical exam.  The medical exam required lots of paperwork (Interview letter, immunization records, passports, passport sized photos, DS-160 confirmation page)

5) Attended their interview - We took the (medical exam results, original petition, i-134, interview letter, ds-160, passports, passport sized photos, marriage certificate, petitioner divorce decree)

 

The kids are in the US now and are adjusting to the new culture, schools,etc.  They love their schools and are getting English language assistance now.