I30 petition for a minor after K1 expired during Covid?

[GinaCarterWebster 67]

Hi folks!

 

I have a question about my stepson's petition.  My husband (2020 K1 arrival, now permanent resident) has filed for his minor son (17).  We included him on his K1, but he wasn't ready to come during Covid, so we put it off a bit thinking that the times (up to 1 year after K1 entered) would extend because of Covid - but apparently they didn't.  

 

So we have filed for him in May 2024.  We were bracing for the worst, but are delighted to find that the timeline is sitting at 5 months to be determined according the pending USCIS website!  Is that normal and/or reliable?  Is there a way to get more information?  That puts us out to the holidays for the decision and hoping that we can bring him home for Christmas, starting the new year in America!  Or are we just dreaming?

 

Has anyone else gone through this process after a K1/2 expired AFTER Covid?  I would love to hear about those who have been through this.  It seems all the other threads under this title are very OLD.  

 

Thank you in advance!

[OldUser 6,558]

Hi, don't believe estimated processing times in your account. They're very inaccurate.

 

It takes about a year for I-130 to be approved.

 

Then you need to factor possible delays by embassy scheduling visa interview after filing DS-260. This can easily add a few months on top.

 

It would be a true Christmas miracle if it somehow works for you and the child comes to the US this December.

 

I'd be expecting more like August-October of 2025.

 

Good luck!

Edited July 17 by OldUser

[Dashinka 24,448]

If your husband is an LPR and he filed it would be under the F2A classification, so even if the I130 is approved quickly, it will still be a wait for a visa to become available according to the visa bulletin (currently 15Nov21).  Why didn't you file the I130 for the step son under the IR2 classification?

 

Good Luck!

 

https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_August2024.pdf

[Crazy Cat 41,722]

11 hours ago, GinaCarterWebster said:

So we have filed for him in May 2024. 

Who filed for the child? 

[Boiler 45,411]

11 hours ago, GinaCarterWebster said:

  My husband (2020 K1 arrival, now permanent resident) has filed for his minor son (17). 

 

I was going to mention this but fell asleep!

[OldUser 6,558]

3 hours ago, Dashinka said:

If your husband is an LPR and he filed it would be under the F2A classification, so even if the I130 is approved quickly, it will still be a wait for a visa to become available according to the visa bulletin (currently 15Nov21).  Why didn't you file the I130 for the step son under the IR2 classification?

 

Good Luck!

 

https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_August2024.pdf

Good point, I missed the fact it was filed by LPR not US citizen.

 

@GinaCarterWebster there's probably 0.1% chance the kid will come this December. It will be several years...

[Family 3,988]

Just go ahead and file another I-130 by you ( USC step parent ) as this is the fastest way ( may still take 1.5 to 2yrs from start to finish) to bring him here and not be subject to the F-2A delay/retrogression and age out worries.

 

I know it’s another filing fee, chalk it up to DIY lesson….but stil way less than what attorney fees would be.

Edited July 17 by Family