VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion
My brother (LPR) came to the US without his only child (minor, she is 16 yo. now). He filed a I 130, but didnt realize that there is a Follow to Join benefit. It has been 3 years and no status yet. He received a Notice, but it was very vagu and the petition is still pending. How can we expedite this petition to get his only child. Please advise.
Did brother come to USA by a spousal visa? If they married a US Citizen before child's 18th birthday, the the US Citizen should file the I-130 as a step-parent.
QUOTE(lqtan1971 @ Apr 15 2008, 12:43 PM) 
My brother (LPR) came to the US without his only child (minor, she is 16 yo. now). He filed a I 130, but didnt realize that there is a Follow to Join benefit. It has been 3 years and no status yet. He received a Notice, but it was very vagu and the petition is still pending. How can we expedite this petition to get his only child. Please advise.
The Follow to Join benefit has to be processed at the time his original I-130 was processed. Then they have 1 year after his visa was granted to make an interview appointment at the embassy for the child that will join him at a later date.
If he filed on his own as an LPR after he arrived in the States, it will take years for the child's petition to be approved. But if his wife files as a step-parent as YuAndDan suggested, it shouldn't take that long.
Diana
QUOTE(Mononoke28 @ Apr 15 2008, 02:09 PM)
QUOTE(lqtan1971 @ Apr 15 2008, 12:43 PM)
My brother (LPR) came to the US without his only child (minor, she is 16 yo. now). He filed a I 130, but didnt realize that there is a Follow to Join benefit. It has been 3 years and no status yet. He received a Notice, but it was very vagu and the petition is still pending. How can we expedite this petition to get his only child. Please advise.
The Follow to Join benefit has to be processed at the time his original I-130 was processed. Then they have 1 year after his visa was granted to make an interview appointment at the embassy for the child that will join him at a later date.
If he filed on his own as an LPR after he arrived in the States, it will take years for the child's petition to be approved. But if his wife files as a step-parent as YuAndDan suggested, it shouldn't take that long.
Diana
Isn't follow-to-join a "K" visa benefit only?
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