Following-to-join benefits

[meblue 5]

I came here in the US in K1 visa. My AOS just got approved. I have a daughter and she did not come with me to the US and I want her to join me in the United States now, she still eligible for following-to-join benefits? If yes, how to do it?

I'll appreciate any help. Thanks

[pj1959us 0]

I came here in the US in K1 visa. My AOS just got approved. I have a daughter and she did not come with me to the US and I want her to join me in the United States now, she still eligible for following-to-join benefits? If yes, how to do it?

I'll appreciate any help. Thanks

The follow-to-join K-2 would have to be issued within 1 year of the K-1. You've already had AOS approved; has it been more than 1 year since you received a K-1?

How old is the daughter? If the marriage to your spouse occurred before the child's 18th birthday your US citizen spouse can petition for the daughter as a stepchild with an I-130.

[meblue 5]

The follow-to-join K-2 would have to be issued within 1 year of the K-1. You've already had AOS approved; has it been more than 1 year since you received a K-1?

How old is the daughter? If the marriage to your spouse occurred before the child's 18th birthday your US citizen spouse can petition for the daughter as a stepchild with an I-130.

Thanks for the quick reply.... My daughter is 9 yrs old, she's listed in the K1 petition but for some reason she didn't make it to our interview. But I told the consul that she will follow to join. The consul asked her birth certificate and baptismal certificate and he attached it to my file. We are planning to get her now to join me here in the US. I hope someone can give me a good advice regarding this matter. Thanks again.

I read this information in the Guides section. And it's confusing to me.

http://www.visajourney.com/forums/index.ph...ildpet#usmother

Following-to-Join Benefits

Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as the immediate relative of a U.S. citizen.

If you had children before you became a lawful permanent resident, and your children did not physically accompany you to the United States, and you would now like your children to join you in the United States, your children may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your children, and your children will not have to wait any extra time for a visa number to become available. In this case, you can simply notify a U.S. consulate that you are a lawful permanent resident so that your children can apply for immigrant visas. If, however, you immigrated to the U.S. as an immediate relative of a U.S. citizen who did not or could not petition for your children, you will need to file a separate I-130, Petition for Alien Relative. In this case, see How Do I Bring My Child, Son or Daughter to Live in the U.S.?

Your children may be eligible for following-to-join benefits if:

* You immigrated on the basis of a fiancé(e) petition

* You immigrated on the basis of a diversity immigrant application

* You immigrated on the basis of an employment-based petition

* You immigrated on the basis of a petition filed by your brother or sister

* You immigrated on the basis of an immigrant petition filed by your U.S. citizen parent(s) when you were married or when you were unmarried and over 21 years of age

* You immigrated on the basis of your relationship with your lawful permanent resident parents when you were unmarried

Also, for your child to be eligible for following-to-join benefits, he or she must:

* Be unmarried and

* Be under 21 years of age and

* Have been a child from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or

* Have been a stepchild from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or

* Have been legally adopted prior to your admission to the U.S., and otherwise qualify as an adopted child under the immigration law.

If you fall into one of the categories above, please submit the following information to the U.S. Citizenship and Immigration Services:

* Form I-824, Application for Action on an Approved Application or Petition

* A copy of the original application or petition that you used to apply for your immigrant status

* A copy of the I-797 Notice of Action for your original application or petition

* A copy of your alien registration receipt card or I-551

* Proof that the child meets the appropriate criteria for Following-to-Join Benefits

You should file the I-824 at the USCIS office that took the most recent action on your case.

If the I-824 is approved, the USCIS will notify a U.S. consulate that you are now a lawful permanent resident so that your children can apply for immigrant visas. You must then ask your children to report to the local U.S. consulate to complete the processing.

Edited August 6, 2007 by meblue

[pj1959us 0]

As I stated above, the K-2 must be issued within 1 year of the K-1 or she can no longer be issued a K-2. Putting aside the I-824 information you posted, the pertinent issue is: when was the K-1 issued?

If it's been more than a year since the K-1 was issued, since your daughter is 9 years old, an I-130 would be submitted and due to her age your US citizen spouse ccould submit it since a visa number is immediately available in that situation. You would still have to wait for the I-130 to be processed and approved which is going to take longer than if had the K-2 been available.

[meblue 5]

Thanks for the good advice pj1959us. I really appreciate it.