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Question Regarding Petition

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Filed: K-1 Visa Country: Philippines
Timeline

Hello…

I have a friend of mine who needs some advice for her situation right now I told her that I will discuss it into the visajourney forum because I dont have enough knowledge about the immigration procedures and policy

friend situation

Just wanna ask something…She have a 12-year old son…she and her fiance decided not to include her son for the petition (I-129f) because they would like to get to know each other first…then, after a year or 2 , that’s the time they will work for his papers… My friend question is, do you think is it a good idea? Does it affect his petition? I am waiting for your reply/ and good advice as much as possible pls....

Thanks!!!


AOS JOURNEY

2007-05-07 (PM) Married

2007-05-09 AOS package sent

2007-05-10 AOS delivered to Chicago IL (day 1)

2007-05-15 NOA (not rcved in the mail) (day 6)

2007-06-01 Biometrics Notice in the Mail (day 23)

2007-06-27 Biometrics (day 49)

2007-06-20 Interview Notice Issued (day 42)

2007-06-23 Interview Notice in the Mail (day 45)

2007-08-10 Interview 10:00 am Sn Francisco (day 93) Approved

2007-08-21 Greencard received

Removal of Condition

2009-06-19 - sent

2009-06-25 - received

2009-06-26 - cheque cash

2009-07-17 - notice date

2009-08-14 - Biomentrics

2009-09-08 - Approved

2009-09-08 - 09-15 Card production ordered (email)(day 82)

2009-09-17 - Approval notice sent (email)

2009-09-19 - 10 year greencard received (w/wrong information)

2009-09-21 - I-90 sent

2009-11-04 - Card Production Order

2009-11-09 - Approval Notice received

2009-11-10 - Touched

1009-11-14 - Replacement 10 years greencard received (55 days)from filing expired 11/09/2019

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Filed: K-1 Visa Country: Vietnam
Timeline
Hello…

I have a friend of mine who needs some advice for her situation right now I told her that I will discuss it into the visajourney forum because I dont have enough knowledge about the immigration procedures and policy

friend situation

Just wanna ask something…She have a 12-year old son…she and her fiance decided not to include her son for the petition (I-129f) because they would like to get to know each other first…then, after a year or 2 , that’s the time they will work for his papers… My friend question is, do you think is it a good idea? Does it affect his petition? I am waiting for your reply/ and good advice as much as possible pls....

Thanks!!!

If they include the son on the I-129F then he qualifies for derivative status with a K2 visa, but he must follow his mother to the US within a year after she goes. If they wait more than a year to bring him then he loses his derivative status. At that point, assuming she's gotten her permanent residency, she'll have to file for a family second preference (F2A) visa. Those are currently taking a little less than 5 years.

The "year or two" window isn't going to work. He's either going to have to come within the first year by including him on the I-129F and getting a K2 visa, or wait up to five years after she files for him to get a family 2A visa.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: K-1 Visa Country: Philippines
Timeline
Hello…

I have a friend of mine who needs some advice for her situation right now I told her that I will discuss it into the visajourney forum because I dont have enough knowledge about the immigration procedures and policy

friend situation

Just wanna ask something…She have a 12-year old son…she and her fiance decided not to include her son for the petition (I-129f) because they would like to get to know each other first…then, after a year or 2 , that’s the time they will work for his papers… My friend question is, do you think is it a good idea? Does it affect his petition? I am waiting for your reply/ and good advice as much as possible pls....

Thanks!!!

If they include the son on the I-129F then he qualifies for derivative status with a K2 visa, but he must follow his mother to the US within a year after she goes. If they wait more than a year to bring him then he loses his derivative status. At that point, assuming she's gotten her permanent residency, she'll have to file for a family second preference (F2A) visa. Those are currently taking a little less than 5 years.

The "year or two" window isn't going to work. He's either going to have to come within the first year by including him on the I-129F and getting a K2 visa, or wait up to five years after she files for him to get a family 2A visa.

There's your answer and the best advice you will get. Better to include him on the 129 now. Good luck. Mike


IT'S NOT THE DESTINATION ITS THE JOURNEY...AND WHAT A JOURNEY IT HAS BEEN

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Filed: K-1 Visa Country: Philippines
Timeline
Hello…

I have a friend of mine who needs some advice for her situation right now I told her that I will discuss it into the visajourney forum because I dont have enough knowledge about the immigration procedures and policy

friend situation

Just wanna ask something…She have a 12-year old son…she and her fiance decided not to include her son for the petition (I-129f) because they would like to get to know each other first…then, after a year or 2 , that’s the time they will work for his papers… My friend question is, do you think is it a good idea? Does it affect his petition? I am waiting for your reply/ and good advice as much as possible pls....

Thanks!!!

If they include the son on the I-129F then he qualifies for derivative status with a K2 visa, but he must follow his mother to the US within a year after she goes. If they wait more than a year to bring him then he loses his derivative status. At that point, assuming she's gotten her permanent residency, she'll have to file for a family second preference (F2A) visa. Those are currently taking a little less than 5 years.

The "year or two" window isn't going to work. He's either going to have to come within the first year by including him on the I-129F and getting a K2 visa, or wait up to five years after she files for him to get a family 2A visa.

There's your answer and the best advice you will get. Better to include him on the 129 now. Good luck. Mike

Thanks Mike

My friend is already here!


AOS JOURNEY

2007-05-07 (PM) Married

2007-05-09 AOS package sent

2007-05-10 AOS delivered to Chicago IL (day 1)

2007-05-15 NOA (not rcved in the mail) (day 6)

2007-06-01 Biometrics Notice in the Mail (day 23)

2007-06-27 Biometrics (day 49)

2007-06-20 Interview Notice Issued (day 42)

2007-06-23 Interview Notice in the Mail (day 45)

2007-08-10 Interview 10:00 am Sn Francisco (day 93) Approved

2007-08-21 Greencard received

Removal of Condition

2009-06-19 - sent

2009-06-25 - received

2009-06-26 - cheque cash

2009-07-17 - notice date

2009-08-14 - Biomentrics

2009-09-08 - Approved

2009-09-08 - 09-15 Card production ordered (email)(day 82)

2009-09-17 - Approval notice sent (email)

2009-09-19 - 10 year greencard received (w/wrong information)

2009-09-21 - I-90 sent

2009-11-04 - Card Production Order

2009-11-09 - Approval Notice received

2009-11-10 - Touched

1009-11-14 - Replacement 10 years greencard received (55 days)from filing expired 11/09/2019

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Filed: K-1 Visa Country: Philippines
Timeline
then she will have to wait until either a visa number becomes available -5 years- or until she is a USC and can file... if the kid is under 21.

My friend tell me that her husband is willing to petition her son (as a stepson), if her USC husband petition her son, the time processing will be the same? they will wait for 5 years you said?

Thanks Len


AOS JOURNEY

2007-05-07 (PM) Married

2007-05-09 AOS package sent

2007-05-10 AOS delivered to Chicago IL (day 1)

2007-05-15 NOA (not rcved in the mail) (day 6)

2007-06-01 Biometrics Notice in the Mail (day 23)

2007-06-27 Biometrics (day 49)

2007-06-20 Interview Notice Issued (day 42)

2007-06-23 Interview Notice in the Mail (day 45)

2007-08-10 Interview 10:00 am Sn Francisco (day 93) Approved

2007-08-21 Greencard received

Removal of Condition

2009-06-19 - sent

2009-06-25 - received

2009-06-26 - cheque cash

2009-07-17 - notice date

2009-08-14 - Biomentrics

2009-09-08 - Approved

2009-09-08 - 09-15 Card production ordered (email)(day 82)

2009-09-17 - Approval notice sent (email)

2009-09-19 - 10 year greencard received (w/wrong information)

2009-09-21 - I-90 sent

2009-11-04 - Card Production Order

2009-11-09 - Approval Notice received

2009-11-10 - Touched

1009-11-14 - Replacement 10 years greencard received (55 days)from filing expired 11/09/2019

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Filed: K-1 Visa Country: Vietnam
Timeline
then she will have to wait until either a visa number becomes available -5 years- or until she is a USC and can file... if the kid is under 21.

My friend tell me that her husband is willing to petition her son (as a stepson), if her USC husband petition her son, the time processing will be the same? they will wait for 5 years you said?

Thanks Len

US citizens cannot sponsor step-children. They can sponsor their own children, or orphans they adopt. A US citizen can also sponsor a fiance or spouse, and the children of the fiance or spouse (step-children) can get a visa as a derivative of their parent's visa. In the case of the K1 visa for the parent, the child would be eligible for a K2 visa.

As I said, the window of opportunity for the K2 is 1 year after the K1 visa holder comes to the US, and that presumes that the child was listed on the I-129F.

The only other way would be for the mother to get her citizenship after 3 years in the US, and then sponsor her child as an immediate relative (IR).


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Citizen (pnd) Country: Colombia
Timeline
then she will have to wait until either a visa number becomes available -5 years- or until she is a USC and can file... if the kid is under 21.

My friend tell me that her husband is willing to petition her son (as a stepson), if her USC husband petition her son, the time processing will be the same? they will wait for 5 years you said?

Thanks Len

US citizens cannot sponsor step-children. They can sponsor their own children, or orphans they adopt. A US citizen can also sponsor a fiance or spouse, and the children of the fiance or spouse (step-children) can get a visa as a derivative of their parent's visa. In the case of the K1 visa for the parent, the child would be eligible for a K2 visa.

As I said, the window of opportunity for the K2 is 1 year after the K1 visa holder comes to the US, and that presumes that the child was listed on the I-129F.

The only other way would be for the mother to get her citizenship after 3 years in the US, and then sponsor her child as an immediate relative (IR).

If they are married then the Husband can sponsor the Children I beg to differ. A USC Can sponsor step children if the marriage took place befefore the step child turned 18. I petioned my husbands children and it took about 10 months start to finish with one RFE and Xmas in between . As far as the child not being listed in the initial application that may pose some problems that I have no Idea about. The mom does not have to wait to receive her GC , as long as they are married the step father can send in a I-130 for the child

Edited by NArocks

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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Filed: Citizen (pnd) Country: Colombia
Timeline

I-130 instructions I-130

If the marriage took place after the child 18 birthday the USC may not file

Ho Do I fact sheet

For example: You marry someone with a child. The child will

usually qualify as your stepchild if he or she was unmarried and

under 18 years of age at the time of your marriage. In this example,

you are required to file two petitions: one petition for your wife and

another for the child.

Edited by NArocks

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


Share this post


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Share on other sites
Filed: K-1 Visa Country: Philippines
Timeline
then she will have to wait until either a visa number becomes available -5 years- or until she is a USC and can file... if the kid is under 21.

My friend tell me that her husband is willing to petition her son (as a stepson), if her USC husband petition her son, the time processing will be the same? they will wait for 5 years you said?

Thanks Len

US citizens cannot sponsor step-children. They can sponsor their own children, or orphans they adopt. A US citizen can also sponsor a fiance or spouse, and the children of the fiance or spouse (step-children) can get a visa as a derivative of their parent's visa. In the case of the K1 visa for the parent, the child would be eligible for a K2 visa.

As I said, the window of opportunity for the K2 is 1 year after the K1 visa holder comes to the US, and that presumes that the child was listed on the I-129F.

The only other way would be for the mother to get her citizenship after 3 years in the US, and then sponsor her child as an immediate relative (IR).

If they are married then the Husband can sponsor the Children I beg to differ. A USC Can sponsor step children if the marriage took place befefore the step child turned 18. I petioned my husbands children and it took about 10 months start to finish with one RFE and Xmas in between . As far as the child not being listed in the initial application that may pose some problems that I have no Idea about. The mom does not have to wait to receive her GC , as long as they are married the step father can send in a I-130 for the child

What RFE did you receive during your petition to your husband children? can you give me an example so I can explain it to my friend...

Thanks a lot for all you guys so I have an idea regarding to my friend situation, I will call her tonight!


AOS JOURNEY

2007-05-07 (PM) Married

2007-05-09 AOS package sent

2007-05-10 AOS delivered to Chicago IL (day 1)

2007-05-15 NOA (not rcved in the mail) (day 6)

2007-06-01 Biometrics Notice in the Mail (day 23)

2007-06-27 Biometrics (day 49)

2007-06-20 Interview Notice Issued (day 42)

2007-06-23 Interview Notice in the Mail (day 45)

2007-08-10 Interview 10:00 am Sn Francisco (day 93) Approved

2007-08-21 Greencard received

Removal of Condition

2009-06-19 - sent

2009-06-25 - received

2009-06-26 - cheque cash

2009-07-17 - notice date

2009-08-14 - Biomentrics

2009-09-08 - Approved

2009-09-08 - 09-15 Card production ordered (email)(day 82)

2009-09-17 - Approval notice sent (email)

2009-09-19 - 10 year greencard received (w/wrong information)

2009-09-21 - I-90 sent

2009-11-04 - Card Production Order

2009-11-09 - Approval Notice received

2009-11-10 - Touched

1009-11-14 - Replacement 10 years greencard received (55 days)from filing expired 11/09/2019

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Filed: Citizen (pnd) Country: Colombia
Timeline
What RFE did you receive during your petition to your husband children? can you give me an example so I can explain it to my friend...

Thanks a lot for all you guys so I have an idea regarding to my friend situation, I will call her tonight!

The RFE we received was at the NVC level, If the child father is alive and on the birth certificate you still must present a notorized letter stating the other parent allows the child to immigrate to the US. We got it pretty quick. There are many short cuts now that were not really around when I went through this and the one that was there I found after the fact ( James shortcuts ) Now they have LingChe shortcuts

LingChe NVC ShortCut

Edited by NArocks

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


Share this post


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Filed: K-1 Visa Country: Philippines
Timeline
What RFE did you receive during your petition to your husband children? can you give me an example so I can explain it to my friend...

Thanks a lot for all you guys so I have an idea regarding to my friend situation, I will call her tonight!

The RFE we received was at the NVC level, If the child father is alive and on the birth certificate you still must present a notorized letter stating the other parent allows the child to immigrate to the US. We got it pretty quick. There are many short cuts now that were not really around when I went through this and the one that was there I found after the fact ( James shortcuts ) Now they have LingChe shortcuts

LingChe NVC ShortCut

I think her son is A child born out of wedlock she was not married at the time the child was born. And she did not know where her x-boyfriend live now they have no communication at all, And i ask her did she wrote his x-bf name to his birth cerificate? she said "no" she wrote "unknown" in the blanks.... in FATHER'S NAME


AOS JOURNEY

2007-05-07 (PM) Married

2007-05-09 AOS package sent

2007-05-10 AOS delivered to Chicago IL (day 1)

2007-05-15 NOA (not rcved in the mail) (day 6)

2007-06-01 Biometrics Notice in the Mail (day 23)

2007-06-27 Biometrics (day 49)

2007-06-20 Interview Notice Issued (day 42)

2007-06-23 Interview Notice in the Mail (day 45)

2007-08-10 Interview 10:00 am Sn Francisco (day 93) Approved

2007-08-21 Greencard received

Removal of Condition

2009-06-19 - sent

2009-06-25 - received

2009-06-26 - cheque cash

2009-07-17 - notice date

2009-08-14 - Biomentrics

2009-09-08 - Approved

2009-09-08 - 09-15 Card production ordered (email)(day 82)

2009-09-17 - Approval notice sent (email)

2009-09-19 - 10 year greencard received (w/wrong information)

2009-09-21 - I-90 sent

2009-11-04 - Card Production Order

2009-11-09 - Approval Notice received

2009-11-10 - Touched

1009-11-14 - Replacement 10 years greencard received (55 days)from filing expired 11/09/2019

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Filed: Citizen (pnd) Country: Colombia
Timeline

Ok then as stated have her Join Vj and then she can go into the forum of her coutry and ask the question about the child being born out of wedlock as I do nto know on this one.

What RFE did you receive during your petition to your husband children? can you give me an example so I can explain it to my friend...

Thanks a lot for all you guys so I have an idea regarding to my friend situation, I will call her tonight!

The RFE we received was at the NVC level, If the child father is alive and on the birth certificate you still must present a notorized letter stating the other parent allows the child to immigrate to the US. We got it pretty quick. There are many short cuts now that were not really around when I went through this and the one that was there I found after the fact ( James shortcuts ) Now they have LingChe shortcuts

LingChe NVC ShortCut

I think her son is A child born out of wedlock she was not married at the time the child was born. And she did not know where her x-boyfriend live now they have no communication at all, And i ask her did she wrote his x-bf name to his birth cerificate? she said "no" she wrote "unknown" in the blanks.... in FATHER'S NAME


Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Vietnam
Timeline
then she will have to wait until either a visa number becomes available -5 years- or until she is a USC and can file... if the kid is under 21.

My friend tell me that her husband is willing to petition her son (as a stepson), if her USC husband petition her son, the time processing will be the same? they will wait for 5 years you said?

Thanks Len

US citizens cannot sponsor step-children. They can sponsor their own children, or orphans they adopt. A US citizen can also sponsor a fiance or spouse, and the children of the fiance or spouse (step-children) can get a visa as a derivative of their parent's visa. In the case of the K1 visa for the parent, the child would be eligible for a K2 visa.

As I said, the window of opportunity for the K2 is 1 year after the K1 visa holder comes to the US, and that presumes that the child was listed on the I-129F.

The only other way would be for the mother to get her citizenship after 3 years in the US, and then sponsor her child as an immediate relative (IR).

If they are married then the Husband can sponsor the Children I beg to differ. A USC Can sponsor step children if the marriage took place befefore the step child turned 18. I petioned my husbands children and it took about 10 months start to finish with one RFE and Xmas in between . As far as the child not being listed in the initial application that may pose some problems that I have no Idea about. The mom does not have to wait to receive her GC , as long as they are married the step father can send in a I-130 for the child

I stand corrected. The page on the State Department website didn't mention this (apparently, it's the IR2/CR2). :blush:


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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