Teenage son wants to move to US after saying he didnt want to

[Amazon 0]

I came to the US on a K1 visa and am now going through the AOS steps. During this whole process my son had NO intensions of moving to the US but now he is on hard times and desperate and is thinking of moving to the US. He was not on the K1 visa and all the paperwork says that no children will be coming with me. I do not know what to do now.. or even how to go about applying for him to be here in the US with us.

Please help

P.S. Happy New Year!!!

[Penguin_ie 5,986]

I assume the son was mentioned in the paperwork (as a child of yours, since all kids need to be listed), you just didn't apply for a visa for him?

How old is he- it is important to known whether he turned 18 before your USC husband and you married especially.

[JimVaPhuong 4,863]

This is off the top of my head, and before my first cup of coffee, so forgive me if I'm off on anything...

The child should qualify for a K2 derivative visa up to one year after the K1 visa is issued. You submit the visa application to the foreign consulate, just as you would have done if you'd been applying for the visa at the same time as the K1, using the same case number.

The requirement that a parent/step-child relationship be established before the child is 18 applies to derivatives of spousal visas - it does not apply to K1/K2. It wouldn't make sense if it did because it would mean the child's parent and new step-parent would have to be married in order for him to qualify, but the child's parent isn't eligible for a K1 if she's married. For a K2, the requirement is that the child must adjust status before he's 21.

I'm pretty sure Gary has actually done this, so he should have some first hand knowledge.

[pushbrk 12,212]

This is off the top of my head, and before my first cup of coffee, so forgive me if I'm off on anything...

The child should qualify for a K2 derivative visa up to one year after the K1 visa is issued. You submit the visa application to the foreign consulate, just as you would have done if you'd been applying for the visa at the same time as the K1, using the same case number.

The requirement that a parent/step-child relationship be established before the child is 18 applies to derivatives of spousal visas - it does not apply to K1/K2. It wouldn't make sense if it did because it would mean the child's parent and new step-parent would have to be married in order for him to qualify, but the child's parent isn't eligible for a K1 if she's married. For a K2, the requirement is that the child must adjust status before he's 21.

I'm pretty sure Gary has actually done this, so he should have some first hand knowledge.

This is correct for a case where the follow to join occurs within a year of the K1 entry and even if they child's name didn't appear on the I-129F. It's a little more complicated but doable. If the K1 visa was issued more than a year ago, then the USC step-parent files an I-130 for the child and they can come as a CR2 or IR2 depending on the length of the marriage at visa issue.

[SuperDuper! 230]

This is correct for a case where the follow to join occurs within a year of the K1 entry and even if they child's name didn't appear on the I-129F. It's a little more complicated but doable. If the K1 visa was issued more than a year ago, then the USC step-parent files an I-130 for the child and they can come as a CR2 or IR2 depending on the length of the marriage at visa issue.

Am I seeing a ghost?! Pushbrk, where have you been? We've missed your always friendly and helpful advice!

[Amazon 0]

I assume the son was mentioned in the paperwork (as a child of yours, since all kids need to be listed), you just didn't apply for a visa for him?

How old is he- it is important to known whether he turned 18 before your USC husband and you married especially.

Yes he was mentioned but it was stated that he was not coming to the US (as that was his choice). He is 18yrs old, and yes he was 18 before we married.

[Amazon 0]

Yes he was mentioned but it was stated that he was not coming to the US (as that was his choice). He is 18yrs old, and yes he was 18 before we married.

So now what do I need to do? Would I file a K2 ? or would my husband file another type of visa?

[pushbrk 12,212]

So now what do I need to do? Would I file a K2 ? or would my husband file another type of visa?

As long as the child was listed on the I-129F as your child, simply contact the Consulate and follow their procedures for follow to join. Your son must obtain the visa within a year of the time you did, so you have nearly four months to get the visa for him.

[Gary and Alla 3,694]

Yes he was mentioned but it was stated that he was not coming to the US (as that was his choice). He is 18yrs old, and yes he was 18 before we married.

As long as he was listed on the I-129f call the consulate and schedule an interview for him using the same NVC number as for your case. He will submit a K-2 application with the documents needed by thte consulate and as long as it is within ONE YEAR of the issuance of your visa, he can come.

As long as the child was listed on the I-129F as your child, simply contact the Consulate and follow their procedures for follow to join. Your son must obtain the visa within a year of the time you did, so you have nearly four months to get the visa for him.

welcome back Pushbrk

[Gary and Alla 3,694]

Yes he was mentioned but it was stated that he was not coming to the US (as that was his choice). He is 18yrs old, and yes he was 18 before we married.

This is a K-2 derivitive of a K-1, his age when you married does not matter. The establishment of the marriage before age 18 does not apply to the K-2, you are good to go. Very simple procedure and nothing else to file with USCIS. Call the consualte and make an appointment for an interview. They can tell you what he will need, but it is basically a repeat of the K-1 process.