What is the fastest way to bring my wife's son to the US?

[EZgoing378 0]

Hi,

My wife is from China. She came to the US on a K1 Visa in Sept. 2009 and we were married in Oct. 2009. Once we have everything settled, which will be sometime this year, we want to bring her 16 year old son. I have read about bringing a child of a USC or Permanent Resident. It seems that I cannot bring my stepson because I have not adopted him. In any case, his mother can bring him I am sure of this.

The question I have is when I read the guide about bringing children it is very clear if I want to file an I-130 for him, wait for the approval, then get him a Visa number and eventually a visa. At the end of the section there is information about "following to join" where an I-130 is not needed. It states that he can use my wife's visa number. The part I am unclear about is where it states the conditions for the child. Basically, it says that the mother must have been married to the father of the child when she came to the US. However, earlier it states that "following to join" is open to K1 fiancee marriages. That seems to make no sense because how could the mother be married if she came to the US to get married.

I hope someone that understands this process will give me the lowdown. I don't want to file an I-130 if I don't have to and I don't want to file the "following to join" paperwork if it will get rejected. That will waste time and money. If I am not sure, I will just file the I-130 and then file for a K-3 for the boy.

Thank you all for reading this and for your help.

[EZgoing378 0]

Correction, that would be a K-2 Visa for my stepson. The way I understand it is since he was listed on the original 129f that we have one year from the time my wife's K-1 visa was approved to get the K-2 visa for her son on a "join to follow basis." That raises another question, do we have one year to get the K-2 approved, or one year to apply for it? Since I posted the original to this, I have done more reading and found a number of helpful posts in other areas of VJ. I still don't have a firm answer. Perhaps the only way to be sure would be to call the embassy in Shenyang which would issue the visa. I hope we don't have to go through GUZ where the original K-1 visa was issued.

Thanks.

[Darnell 8,478]

Call/email/fax the Consulate - you can initiate a K-2 follow to join case AT THE Consulate - no need to waste time on anything else in the states.

Shenyang doesn't issue K-2's - K-2s are handled in Guangzhou.

Forget the I-130 for now.

In the email/fax - include the following:

A paragraph about starting the K-2 Follow to Join process, and

1. wife's name on her visa, her email address, her address in USA.

2. her GUZ casefile number

3. the son's name, passport number, china id card number

4. the son's address

5. the son's email address

6. the son's telephone number

7. The casefile number on the NOA-2 letter for his mother.

The IV Unit at GUZ may or may not send him forms -

if no forms - then get them yerself at http://guangzhou.usembassy-china.org.cn/forms_and_packets.htm

He'll need the P3 packet for K visas, then the Packet 4 for K-2 .

If No Forms - then he'll receive just an appointment letter to come in.

Pay particular attention to the OF-169 form.

It MAY BE that all he has to do is contact GUZ IV, let them know he is ready to be processed, and then send in the Packet 3 forms. That, in itself, should jumpstart his visa application process.

It's my understanding that the child has 1 year from the time the mother's visa was approved, until the child applies. I could be wrong, it could be one year until the child's visa is approved, instead.

Good Luck !

Edited April 1, 2010 by Darnell

[mikelangelo11 0]

The fastest way for you to reunite is for you to naturalize to US citizenship and petition them.That should take just under 2 years if all goes well.If you do not want to naturalize,you can petition them now in fact you should petition now regardless of what you do later.They need a place in the queue,and the wait for a visa number is about 4-5 years.Add another year for them to go through their immigrant visa application.

[Darnell 8,478]

mikelangelo - specifically for EZGoing378 - your advice would NOT be the fastest path for them. A K-2 FTJ case goes pretty fast, within 4 to 5 months of 'kicking into play' at ANY IV unit of ANY Consulate/Embassy, that K-2 visa is awarded.

It's hard to contact the IV Unit at GUZ for this, though - there is no 'number to call' anymore. Email/Fax is the best way to start all, on a K-2 FTJ case where the K-1 beneficiary has already left China. You might want to review the steps at http://www.visajourney.com/forums/topic/249720-what-is-the-fastest-way-to-bring-my-wifes-son-to-the-us/page__view__findpost__p__3839669

Edited April 2, 2010 by Darnell

[payxibka 10,044]

The fastest way for you to reunite is for you to naturalize to US citizenship and petition them.That should take just under 2 years if all goes well.If you do not want to naturalize,you can petition them now in fact you should petition now regardless of what you do later.They need a place in the queue,and the wait for a visa number is about 4-5 years.Add another year for them to go through their immigrant visa application.

OP,

Please DO NOT follow the above suggested route....

[Darnell 8,478]

Hey EZGoing - any news? you kick that K2 into play yet?

Hope all is well?

[EZgoing378 0]

Hey EZGoing - any news? you kick that K2 into play yet?

Hope all is well?

Hi Darnell,

Thank you for your interest in our case. I appreciate your information very much. It seems that sometime recently, a decision was made that all FTJ cases must originate in the US. I went to the GUZ website and looked around to finally end up on a page that says something to this effect and then gives a link for "more information" that does not function. I think this change is very recent. I have to file a form I-824. This is a form that serves many purposes one of which is to initate a FTJ case. My read on this is that this is an attempt to make all FTJ cases more uniform by starting them all off in the US.

However, things in the immigration world being what they are, I still did as you suggested and sent that email to GUZ. What is the worst that can happen? They will tell me to file an I-824 (which costs $340 by the way). Best case is that I am reading things wrong and they will start the case for us.

I am quite sure that the way of contacting the consulates is over. Just reading the instructions on the I-824 makes that pretty clear. Our AOS hearing is 5/6/2010. I anticipate no problems there but it brings up a very big potential problem. Although I cannot find it in the rules anywhere, I got information from many sources that the FTJ case must be started before the one year anniversary of her K1 Visa, which is July 15, 2009. That is really cutting it close. I will ask about it at the interview if we have a chance. Otherwise we will just have to hope we get approval quickly. I will have the I-824 ready to mail out with a check the day she gets her I-551.

This information is on the USCIS site at this link if you are interested in seeing it follow this path:

Home>Family>Family of Green card Holders (permanent residents)>Children

If you go to the bottom of that page, there is a section on FTJ. I am hoping that I am reading something wrong or that the consulate at GUZ will still take the case. However, from what I read on the site at GUZ that option is no longer open.

Thank you again for your interest in our case.

[Darnell 8,478]

EZGoing - ouch.

What I've been spewing about was standard for K-2 cases, where the child was not interviewed at same time as the parent.

I pray this is not something NEW that you've stumbled into. Instead, I hope it's still a 'lack of information'.

a delayed K-2 FTJ case was ALWAYS jump-started at the IV Unit, with some 'initial contact'.

You are right about the 1 year span though - I had mentioned it on my initial reply in yer topic here.

If you have clear path on the I-824, suggest you jump quickly, soonish, this week. As a last resort, though, I suggest you make a call into NVC, and ask for a VISA SPECIALIST, then ask them for the exact steps on how to initiate the K-2 FTJ case.

FWIW, in the USCIS linkage you provided, if you scroll down to the bottom, and review Following-to-Join Benefits, you'll see the stuff I was talking about, earlier - ie In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa. THe bit that is confusing, past this paragraph, is 'if you received your immigration visa overseas, contact NVC instead' - which is exactly the bit yer wife qualifies.

galumph. It's confusing, again Strongly suggest you call NVC, get a Visa Specialist, and inquire. NVC is open till 00:00 EST, M-F.

What I did NOT read from you, is that you actually emailed the IV unit at Guangzhou, and initiate a Follow to Join Case/Request. What's up with that? I know you emailed them, but if I'm reading ya right, you've not gotten a response back from the IV unit, yet. If you did email them, and got no response, email back using the template I supplied - see http://guangzhou.usembassy-china.org.cn//immigrant-visa-unit-question.html

Hang In There!

Edited April 14, 2010 by Darnell

[EZgoing378 0]

EZGoing - ouch.

What I've been spewing about was standard for K-2 cases, where the child was not interviewed at same time as the parent.

I pray this is not something NEW that you've stumbled into. Instead, I hope it's still a 'lack of information'.

a delayed K-2 FTJ case was ALWAYS jump-started at the IV Unit, with some 'initial contact'.

You are right about the 1 year span though - I had mentioned it on my initial reply in yer topic here.

If you have clear path on the I-824, suggest you jump quickly, soonish, this week. As a last resort, though, I suggest you make a call into NVC, and ask for a VISA SPECIALIST, then ask them for the exact steps on how to initiate the K-2 FTJ case.

FWIW, in the USCIS linkage you provided, if you scroll down to the bottom, and review Following-to-Join Benefits, you'll see the stuff I was talking about, earlier - ie In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa. THe bit that is confusing, past this paragraph, is 'if you received your immigration visa overseas, contact NVC instead' - which is exactly the bit yer wife qualifies.

galumph. It's confusing, again Strongly suggest you call NVC, get a Visa Specialist, and inquire. NVC is open till 00:00 EST, M-F.

What I did NOT read from you, is that you actually emailed the IV unit at Guangzhou, and initiate a Follow to Join Case/Request. What's up with that? I know you emailed them, but if I'm reading ya right, you've not gotten a response back from the IV unit, yet.

Hang In There!

Thanks for the fast response, check out this link:

http://guangzhou.usembassy-china.org.cn/following-to-join.htmm/

This pretty much sums it up. So as you advise, I am proceeding to find out as much I can about the NVC route and will follow it as soon as my wife is approved. Timing is going to be very, very close. I will ask for a visa specialist, perhaps there is a way I can get an extension. Otherwise, I have to put him through the entire process. Not good.

[Darnell 8,478]

you don't have to wait for yer wife to be approved for AOS. I don't know why you wish to wait for that.

The derivative status is from the K-1 (solely) - which was approved last year. IMO, you can apply NOW.

[EZgoing378 0]

I neglected to answer your question. Yes, I emailed the consulate and provided them with all the information you listed in your template. I did that on Friday and as of now, have got no answer. They say sending multiple emails without a reply will just slow down the process. Of course, at some point, I will send another one but if you read that link I sent you, I think you can see that this I-824 route is a change. Did you notice when you clicked on the "more information" link it went to nowhere, just some page filled with errors. That leads me to believe this is very new and under construction. The I-824 pub date is 12/09. Never a dull moment with this stuff.

Thanks again

[Darnell 8,478]

This may be a 'last resort' - but - you can also call the Visa Information Line (must pre-pay to use it) and inquire about current FTJ procedures. http://guangzhou.usembassy-china.org.cn/visa_information_center_.html

The wording in the Follow To Join page that you referenced, was ambiguous to me because a FTJ case USUALLY is initiated WITHOUT the AOS being appoved, and in that page, is referencing one with LPR status, which MOST do not have when starting the K-2 FTJ within the ONE YEAR period.

Edited April 14, 2010 by Darnell

[Darnell 8,478]

Surprisingly, most ppl got quick responses when emailing the IV unit when the IV unit was open. Suggest you do try that email again, when the office is open (tis currently 9:25 AM in Guangzhou )

[EZgoing378 0]

The reason I am waiting for her I-485 approval is that the box that I need to check on why I am using form I-485 text reads:

I am requesting:

A.

B.

C. USCIS to notify a U.S. consulate through the NVC that my status has been adjusted to permanent resident based on an approved I-485 application. Please notify the US consulate at ___________

From this I assumed that I have to wait until the I-485 is approved. Of course, with the 1 year limit, it will be very hard for many people to make this deadline. It takes a year if you don't get married right off the plane and then fill out the I-485 on your honeymoon!!