Child to follow

[dgalster 1]

I need to get started on having my fiance/wife's daughter come over from Ukraine. However, I am having trouble finding information on what to do. She was listed on the DS-160 but did not go right away. Where can I find instructions for this?

[dwheels76 5,459]

I need to get started on having my fiance/wife's daughter come over from Ukraine. However, I am having trouble finding information on what to do. She was listed on the DS-160 but did not go right away. Where can I find instructions for this?

Did you also have her listed on the I-129F petition?

http://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

Following-to-Join Benefits

This section is for beneficiaries who became permanent residents through a preference classification.

If you had children who did not obtain permanent residence at the same time you did, they may be eligible for follow-to-join benefits. This means that you do not have to submit a separate Form I-130 for your children. In addition, your children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your children can apply for an immigrant visa.

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

• The relationship existed at the time you became a permanent resident and still exists, AND
• You received an immigrant visa or adjusted status in a preference category.

If your family member (child) falls into this category and you adjusted to permanent residency in the United States, you may submit the following:

• 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 immigrant status
• A copy of Form I-797, Notice of Action, for the original application or petition
• A copy of your Form I-551 (green card)

If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 for your child overseas with your Form I-485. When concurrently filing Form I-824, it does not require any supporting documentation.

If you received the immigrant visa overseas, you may contact the National Visa Center (NVC) for follow-to-join information. Direct such inquiry by sending an e-mail to NVCInquiry@state.gov or by writing to the National Visa Center, ATTN: WC, 32 Rochester Ave., Portsmouth, NH 03801-2909.

Edited August 23, 2014 by dwheels76

[dgalster 1]

Yes, she was listed in both documents.

I'm thinking this section applies:

"If you are in the United States and have not yet filed to adjust your status to permanent resident, you can file Form I-824 for your child overseas with your Form I-485. When concurrently filing Form I-824, it does not require any supporting documentation."

But I don't understand, no supporting documentation? Doesn't she need a medical and an interview?

[Boiler 43,425]

How old is she?

[dgalster 1]

How old is she?

She will be 21 in March.

Also on the I-485 I'm confused what to put for USCIS status.

I made a blunder in that I did not apply for a social security number before we were married. So Social Security says she is no longer in a K1 status but is now K3 or something.

Then I found a website that said after your are married the status is Conditional Permanent Resident, but then another page says you have to apply for that status (using 485 of course).

[dwheels76 5,459]

She will be 21 in March.

Also on the I-485 I'm confused what to put for USCIS status.

I made a blunder in that I did not apply for a social security number before we were married. So Social Security says she is no longer in a K1 status but is now K3 or something.

Then I found a website that said after your are married the status is Conditional Permanent Resident, but then another page says you have to apply for that status (using 485 of course).

Until you file your I-485 she is out of status once the I-94 expires in 90 days. The I-485 is what will give her the status to work and get license and other things. K3 no she isn't that. You weren't married when she came over so that doesn't apply to you.

When they are speaking of supporting documents they are talking evidence you don't need that, but yes she will have medical and all that and an interview.

So she was 21 when you petitioned the mom?

[Boiler 43,425]

Must have been 19 or so.

[dgalster 1]

Until you file your I-485 she is out of status once the I-94 expires in 90 days. The I-485 is what will give her the status to work and get license and other things. K3 no she isn't that. You weren't married when she came over so that doesn't apply to you.

When they are speaking of supporting documents they are talking evidence you don't need that, but yes she will have medical and all that and an interview.

So she was 21 when you petitioned the mom?

She's not 21 yet but we only have a few months.

So on I-485 I say K1 status? But Social Security said her status is no longer K1.

Back to the documents. So if she doesn't need documents, what will they want to see at the interview? Do they have all the documents there? They never gave my fiance (now wife) any back except the packet for customs.

[dwheels76 5,459]

She's not 21 yet but we only have a few months.

So on I-485 I say K1 status? But Social Security said her status is no longer K1.

Back to the documents. So if she doesn't need documents, what will they want to see at the interview? Do they have all the documents there? They never gave my fiance (now wife) any back except the packet for customs.

Are you talking about

Part 2 of the Application Type (Check one)

Part 2. Application Type

(Check one)

I am applying for an adjustment to permanent resident status because:

I entered as a K-1 fiancé(e) of a U.S. citizen whom I married within 90 days of

entry, or I am the K-2 child of such a fiancé(e). (Attach a copy of the fiancé(e)

C. I entered as a K-1 fiancé(e) of a U.S. citizen whom I married within 90 days of entry, or I am the K-2 child of such a fiancé(e). (Attach a copy of the fiancé(e)petition approval notice and the marriage certificate.

For your step-daughter you need to move like now before she turns 21. I believe medical, police report she will have to get since she is over 16.

Sorry the above is pertaining to your wife. You would not be filling out a I-485 for your daughter she isn't here to adjust anything. I attached above what you need to fill out to bring your daughter as the follow to join. You need to do that immediately.

Edited August 23, 2014 by dwheels76

[dgalster 1]

No, it's the last line of Part 1, which says "Current USCIS Status" and "Expires on".

As for the daughter, there is this from the instructions for the I-485 which seems to say you can apply for a visa for the child along with the I-485:

"B. If the spouse or child is residing abroad, the person adjusting status in the United States should file Form I-824, Application for Action on an Approved Application or Petition, together with the principal's Form I-485, to allow the derivatives to immigrate to the United States without delay if the principal's Form I-485 is approved."

This is one of many confusing quotes I have found...

[ToddB 10]

We just did this...son just arrived 4 July. My wife came 21 March.

Since her daughter was listed on I-129F...she has 1 year (from approved K-1 petition) to join her mother as K-2 applicant. AS LONG AS SHE IS YOUNGER THAN 21. Forget K-3!!!! It can take forever.

Will need: - to complete DS-160 for her

- call and make appointment for medical. Will need mother's notification she got from US embassy that they received her case. Notification should indicate 2 applicants.

- after medical...make appointment for interview.

- pay visa fee $240

She will need to take:

- confirmation page of DS-160

- confirmation of interview appointment (printed out when you scheduled appointment)

- certified copy of marriage license

- scanned copies of wife's passport pages (bio metric page, visa page with entry stamp)

- copy Mother's I-94

- copy of NOA2 from I-129F petition

Was daughter listed on I-134 Affidavit of support? She should have been. Anyway...

- copy of this form (I-134) (as long as she was listed) If not fill out separate I-134 for daughter.

- two passport style photos

- envelope containing results from medical

- international passport

- birth certificate

- police certificate

We had certified translation of birth certificate just in case. Your choice.

If you start now, and all things need...you can accomplish this in 3-4 weeks no problem.

When she arrives, and has her I-94...waste no time applying for AOS.

Any question...feel free to ask. Good luck!!!!!

[ToddB 10]

Reading some of the responses above....If you want to save yourselves a mound of frustration...follow the steps above, start K-2 process, and ask us any questions you might have.

Like I said...we just did this, and my wife spent hours, and hours figuring out this process that worked beautifully.