Follow-to-join for K2

[jlvr 1]

Okay, I read the guide and I'm a little confused.

The guide says this regarding a USC petitioning for a stepchild:

If you are a U.S. citizen and the father or stepparent of the child or son or daughter, you must file the following with the U.S. Citizenship and Immigration Services:

* Form I-130, Petition for Alien Relative

* A copy of your birth certificate or U.S. passport

* If you were not born in the U.S., a copy of either:

o your Certificate of Naturalization or Citizenship or

o your U.S. passport

* A copy of the child’s birth certificate showing the child’s name and the names of both parents

* A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday)

* A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse

* Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. For example, the child’s birth certificate displaying the father’s name, evidence showing that the father and child at some point lived together, or that the father held out the child as his own, or that he has made financial contributions in support of the child, or that in general his behavior evidenced genuine concern for and interest in the child. A blood test proving paternity may also be necessary.

* If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

But this is what it says regarding follow to join:

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.

Is my nonUSC husband a lawful permanent resident, or does that mean green card? We haven't filed AOS yet, which we are now unsure of whether we should because another poster mentions that the K2 is based on the K1 and once AOS is filed for the spouse, it is no longer a valid K1 visa.

[amalitta 0]

Hi there

For a long time I have been confused just like u are now..

From my experience i can advice you this:

FIrst:

Ur husband must file AOS(adjustment of status) to be able to became a lawful permanent resident( green card)

Second

IF u want to bring his children to USA

THis is not clear to me ,but ...if hes holding an K1 visa when entered to USA ( and his children were mentioned on that petition) then, the children are elligible for K2 Visa....which means FOLLOW TO JOIN BENEFFITS..all he has to do is call the Embassy and mention that his ready to bring the children to usa on a K2 visa( FOLLOW TO JOIN BENEFFITS)

...

i hope everythings clear to u...

if not ....just ask me..i would be glad to help u!

Amalia

[sunandmoon 450]

Is my nonUSC husband a lawful permanent resident, or does that mean green card? We haven't filed AOS yet, which we are now unsure of whether we should because another poster mentions that the K2 is based on the K1 and once AOS is filed for the spouse, it is no longer a valid K1 visa.

The requirement is the K-2 visa has to be issued within one year from the date the k-1 was issued. do as Amalia suggests and contact the Embassy where the K-1 was issued.

[GrenadianCrix 1]

Jlvr,

I haven't reached this far in the process (my fiance STILL doesn't have his visa and I've been back in the states for a month and a half) but I've done a lot of research for when the time comes.

As long as the child is listed on the original I-129F petition and any subsequent forms from the interview you should be fine.

The child needs to receive the K-2 visa within one year of the K-1 visa being issued. (make sure you start as early as needed so they application doesn't 'time out' before the year is up.) The child will then have 6 months (check that) to travel on the visa.

The process is started by contacting the embassy and they will tell you to send in a DS-230 part 1.

There is obviously more to the process but that get's the ball rolling.

Depending on the childs age s/he may need to go to an interview at the embassy. Any child will also need a medical evaluation.

Good Luck!

Sue