Fiance's child-to-follow questions.

[Aztec&Taino 144]

Hello fellow VJ members,

I have a question regarding the K2 or child-to-follow procedure. My fiance has a 6 year old son who lives with his mother. His mother married and recently had a baby girl. This is the family that my fiance's child has known for almost his whole life. Since my fiance's son has mostly lived all of his life with his mother and is still quite young, I was wondering if we should bother with the K2 or child-to-follow procedure. My fiance would not want his son to live with us, at least not yet because he is quite young and would mean a separation from the family he has known all his life. On the other hand, my fiance would like for his son to have a visa so he could come and spend time with us during vacations or holidays. My question is the following: If we do not complete the child-to-follow at the interview or consulate stage, then what would be the procedure to follow to request for the child? Would we have to wait until my fiance becomes my husband and he is given his conditional permanent residence status? Or would he have to be a permanent resident without conditions in order to request for his son? Or would he have to wait until he becomes a US citizen? Also, besides the I 130, what other form(s) would we need to file? Would the child be given resident status or a visa?

Thank you in advance for your answers and input!

[kunleseun 2]

If u both plan on having the kid around anytime soon...I would advice...u include him in the application(k2)....... I came in thru a k2 visa back in 2004....It wont harm your application....!!!!

[Audy_Rob 26]

I do not believe the K-2 is appropriate for an occasional visitation if I read your question correctly. I do not think he would be in the US long enough to qualify for the green card.

The USC could petition for the child to come to the US immediately (or later) after you two have married because the USC is now related to the child as a step-child/step-parent using an I-130.

I think the best but not guaranteed approach is a B-2 visitor's visa. I think you would need to show the ties to the child's main family in the foreign country and the desire of the US family to ensure the child will return to home country in order to get the visitor's visa.

There might be a better answer out there.

Good luck.

[Darnell 8,478]

Ya - I echo what Audy_Rob mentions -

have the USCitizen Spouse (later, when married and the foreign spouse has green card in hand)

file an I-130 petition on the child - will result in a CR-2 visa

the good news, is that it can be filed anytime, but I suggest not to file

until age 16 or so - current regs state (I'm going from memory here, at it might change in 10 years):

--must have married the child's parent prior to child turning 18

--child's parent must be an LPR (or higher)

--can file up to age 18 (or is it 20?) but is better to file prior, so that the CHILD arrives in USA prior to 18th birthday (or is it 21st birthday?)

Good Luck !