I need informations. I have my greencard already. My son in the Philippines, who will be turning 17 yrs.old this November 2006, would like to follow but we were not able to include him in I-129F form. What do i need to do in order to petition him to come over? Can i used I-824 or I-130? Can my USC husband petition him as stepchild? Any help would be appreciated. Thank you and have a nice day.

As what I understand, you as a LPR can file an I-130 for your son and Yes your USC husband can also petition your son (as a stepchild) as long as your marriage occur before he turn 18 yrs old. I am not sure about the I-824 as you said he was not included on the I-129F. It would be better to contact the USCIS and talk to head supervisor or the department that know about case like this. Good luck! and hope you be able to get him here soon.

ralphlyn,

Your husband not only was able to put your son's name on the I-129f petition, he was supprosed to put your son's name on the I-129f petition - it was specifically asked for.

Contact the consulate and find out what you have to do for your son to apply for a K4 visa. It has to be issued by Jan 2007 so you should have time, but you will probably have some extra work to do to document that your son is your son.

Yodrak

Thanks for the info. my husband and I went to local USCIS office, here in Tucso. You're right, my husband can petition my son as a stepchild but they want us to file the I-130 then after we got the receipt number from USCIS then we have to redo the I-129F since my husband were not able to include my child's name in the original I-129F. My husband thought that he just need to put the child's name that will go same time with me and not the name of all my children. Anyway, I hope the process will not take that long as when we applied for the K1 visa. Thanks and have a nice day...

God bless,
-- LyN

LyN,

Your husband should not have to submit an I-130 petition for your son. Your son should be able to apply to the consular section in Manilla for a K2 visa without requiring a new petition. However, since your husband did not show your son on his I-129f petition the consulate may require more than the normal documentation (and perhaps some grovelling) to establish that he is your son and qualifies to apply for the visa.

Contact the IV unit of the consult and discuss with them, not the USCIS.

Even better have a consultation with a US immigration attorney, preferably one who has dealt with the IV unit in Manilla and knows how to work with them.

Yodrak