I brought my filippino fiance here to the US on a K-1 visa, and married her. I had her 10 yr old son put on her K-1 visa , because I thought this would be best. We are awaiting her Green card approval



Now


During this time when were getting the paperwork ready for her interview ; she noticed they had used a wrong spelling on her sons birth certificate. It took 5 months to get that changed and well; she had to go thru the interview and physcial alone and he had to stay at home with his grandparents.


So now we finally have a correct birth certificate and are ready to get an passport and interview.


So; since he didnt make it to the orginal interview on the K-1 visa; is it a wash ???


I guess we just wait for her to receive her green card and then file a I-130 ???



Anyone been thru this ???


Regards to all and good luck

K-2's have follow on benefits for up to one year after the K-1 beneficiary so you need to exhaust that avenue first. It may be too late but that would be the way if it is still an option. If you do go the I-130 route who will be the petitioner?

If they go the I-130 route the LPR needs to be the petitioner. In this case the approximate timing is about 2 years to process the petition at CSC, and VSC.

The USC would be the petitioner if they go the I 130 route.... he is the step parent.

I'm sure they can start that any time they wish....not sure they have to wait for her to get the greencard.

The point of my question was to inquire what the OP was thinking. Not everyone knows that not only would the USC be the petitioner but HAS to be.

The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required - I-130.

I see that your visa was issued in May 06. You have until then to use the child's "follow to join" benefits. You would have to file both a DS-156 and DS-230 (if I remember correctly), but I would simply call the consulate and ask them to send you the necessary forms for your child to apply for a K-2 visa using their "follow to join" benefits.

The I-130 will take considerably longer than the "follow to join" route, and in this case the USC can petition for the child (if you married before the child turned 18) or the alien parent can petition for the child once they become a LPR.

Good Luck!

This might be insignificant in this paricularlar case but K-2 "follow to join" benefits are available for one year as long as the child was named on the original I-129F (which we are assuming to be the case)

Thank you very much; kinda cornfused here; much clearer now


Yes, he was listed on the orginal I-129


Thanks again, I need to update my timeline