K1/K2 an I -130 questions

[Roy an Panitta 29]

I started a new topic cause im not sure of where to put it. So for the moderators feel free to move it if necessarygrandfather passed

 

My current status is NOA1 May filer an the ISCIS is currently working the May files an starting the June 2022 filers. An i had a few questions concerning how to go about getting my step kids to the US...

 

1- I have 3 step kids one is is going to be 19 an she is attending the University here in Thailand so she has decided to stay here in Bangkok. I have one who is 12 an she will be going with us when we leave and will be attending the interview with my fiance.  I have one that is 10 who will be staying behind and following us with in the year (maybe) cause he is currently staying with his grandfather. An all 3 are on our I-129F form  because the original intent was to bring them all home at the same time..

 

A. So my question is do i have to file a DS-160 for my 19yro step daughter who is on the I-129F but staying behind to attend collage in Bangkok? She will not be coming until after graduation..

B. Do i have to file a DS-160 for my 10yro  step son who will be following us with in a year an does he have to attend the interview with my fiancé?

C. If for some reason my step son doesn't follow us within the 1 year period what happens to his status?  (This might happen if my fiancé decides to let him stay here with his grandfather who is 75

D. If my 10yro step son's status does change do i have to file a I-130 (im assuming)...?

E. Will or can the process (I-130) be expedited because he is a minor who if he is still here will have nobody to care for him except his older sister..? This would mean his  grandfather would have passed..

 

 

[Loren Y 2,755]

12 year old is no issue, she will be coming with you. The 10 year old has a year to follow it is called on the approval of the K1 visa. The 19 year old may present a problem if she doesn't come now. I will have to check, or I'm sure someone will answer, but she will age out at 21 years old, or if she gets married, and then it becomes a long wait. She may have to come with you and enter the US, then apply for a re-entry permit to go back to Thailand to finish school and be able to return to the US later.

Also, if you are doing a K1, they are not your step-kids yet until you get married. hopefully all this can be done before the oldest one ages out.

Also, if longer than a year passes for the 10 year old, then yes, you will have to file an I130 for him, but he has a year to follow on the original K1.

Another thought is does your fiancee, or the kids mom have full custody of the children? You may need permission from the father to allow them to leave the country, Thailand is weird on the parenting thing depending if the kids were born in wedlock, or out of wedlock, so double check on that.

Edited June 26, 2023 by Loren Y

[Roy an Panitta 29]

Thanks for getting back to me..My fiancé. Does have full custody of the kids as documented in her divorce decree the father isnt in their lives even tho he lives 5km down the road. The 19 yro will be something we deal with when she graduates. Hopefully she'll reconsider an come with us an then return asap. That being said will my step son have to go to the interview with my fiancé? Even tho he might not come with in the year. The way im understanding it is i do the DS160 an  he comes to the interview if we wont him to be able to follow within a year. An if its a definite he wont be following within a year then he wont be required to attend the interview an i dont have to file a DS160 for him or the oldest.  Also on a side note the kids are not legally my step kids until we get married i get that its just the way im referencing them even tho were not married now but will be by the end of the year... Hopefully... praying hard.. 

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[IWander 589]

On 6/26/2023 at 4:10 AM, Roy an Panitta said:

Thanks for getting back to me..My fiancé. Does have full custody of the kids as documented in her divorce decree the father isnt in their lives even tho he lives 5km down the road. The 19 yro will be something we deal with when she graduates. Hopefully she'll reconsider an come with us an then return asap. That being said will my step son have to go to the interview with my fiancé? Even tho he might not come with in the year. The way im understanding it is i do the DS160 an  he comes to the interview if we wont him to be able to follow within a year. An if its a definite he wont be following within a year then he wont be required to attend the interview an i dont have to file a DS160 for him or the oldest.  Also on a side note the kids are not legally my step kids until we get married i get that its just the way im referencing them even tho were not married now but will be by the end of the year... Hopefully... praying hard.. 

Just be aware, if the 19 year old doesn't come on a K2, they aren't coming for a very very long time