RandyW

Enough? Why not make sure you have MORE than enough? What you REASONABLY can gather - include the statement.

What you G8ARANTEED was that you earn enough money to support ONE Household with TWO PEOpLE - tthe immigrant and yourself Make SURE to hire a lawyer who is good enough to handle the NEW situation. YOU WILL SOON hablve two houshlods to support, if HER layer manages to bambo9zle the judge.

The I-130 petition paid for by the American applicant COVERS the cost of the green card. The beneficiary isn't charged. We are debating basic arithmetic and who pays for what. In my own K2 case - the beneficiary decided he didn't WANT the green card. No one had to pay for anything, although I did cover the court costs of fighting his removal.

In the OP's case that money was paid up front by the applicant. YOU don't care -I'm thinking SHE does. and can make her own decisions.

My answer to the original poster here is YES YES YES straight across the board. She will NOT need to pay additional money for her daughter's green card regardless of the path she chooses.

We were CHALLENGED on that issue by USCIS. He ultimately decided to return to China rather than face the court proceedings. No the green card is NOT automatic with a K2. The application MUST be filed separately as I have stated. The poster here will need to do the same regardless of whether K1, K2, or F1. The APPLICANT pays for the original I-130 or "fiance" applications. The beneficiaries do not. The poster here is a BENEFICIARY, not an applicant. I believe her misplaced concern is with the COST of the green card. That COST is borne by the American applicant.

My wife's son did a K2 follow-to-join TWO YEARS after her K1. He entered the US carrying his separate medical package in one hand, and ALL his luggage in the other. But he never got a green card. It is not a problem.

The K1, K2, and F1 visas do not affect each other. You will need to apply for her GREEN CARD separately. I think THAT is what you are REALLY asking about.

. . . and from China Briefing China Joins Apostille Convention, Simplifying the Use of Foreign Documents On March 8, 2022, China officially acceded to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, also known as the “Apostille Convention”. China acceded when the Chinese Ambassador to the Netherlands Tan Jian submitted the “instrument of accession” on behalf of China to the Ministry of Foreign Affairs in the Netherlands, the official custodian of the Apostille Convention. I have yet to see any official Chinese sources. The closest to that is this post in the Going to China: Tailor-Made China Tours Facebook group. https://www.facebook.com/groups/going2china/posts/6481683118626671/

CHINA ACCEDES TO THE HAGUE APOSTILLE CONVENTION The accession will go into effect on November 7, 2023. What this is: China has acceded to the Hague Convention Abolishing the Requirement of Legalization, as of March 8, 2023. The accession will go into effect on November 7, 2023. What this means: At that time, documents destined for use in China will no longer require consular legalization. An apostille from the appropriate Secretary of State or the U.S. Department of State should be accepted. from Cogency Global The Accession of China to the Hague Apostille Convention will be welcome news to businesses working in China or with Chinese companies. It means they no longer have to rely on the full legalization process to enable documents originating in the US to be authenticated for use in China. This process, required for countries that have not acceded to the Hague Apostille Convention, can be time consuming and difficult, often involving multiple agencies and delays that can last several weeks. The Hague Apostille Convention, formally known as the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, is an international treaty that simplifies the process of authenticating public documents for use in other countries. The Convention requires member countries to recognize apostilles as sufficient evidence of the authenticity of the public documents to which they relate. After November 7, authenticating a public document for use in China, or authenticating a Chinese public document, will only require that an apostille is attached by a Competent Authority. In the US, the U.S. Secretary of State, the Secretaries of State for each individual state and the federal courts are all competent authorities. So, for example, to authenticate certified copies of the certificate of incorporation for a Delaware corporation, you will only need to request the copies with an attachment of an apostille for the country of China from the Delaware Secretary of State.

We had a case at CFL where an ex-Dad was demanding a large sum of money in order to grant his daughter permission to emigrate. The mother (and NEW dad) simply waited until the daughter became old enough to leave without the permission (I believe it is 18?). But that may have been a requirement for the visa, rather than a border exit issue. Still, with child trafficking concerns in international travel, it IS advisable to have that letter handy when traveling.

It's no problem. We're here to help. It's up to you to sort everything out. It seems to me that you've got a LOT to be thinking about.

Reconsider, though, if maybe it WAS a mental health facility that he was held in. That seems to better fit the circumstances. Check with a lawyer to see what that would mean, but my guess is that it would mean that he wasn't arrested and there is no pending case. I'm simply saying that might better fit what you have described - use your own judgment there.

I would suggest that she have a copy of the child's birth certificate, the mother's green card and passport, and the permission letter from her father (which I think she would have shown at the interview?)

Be sure to check your responses on CFL - I added a note about your son's citizenship status.