Bringing step daughter here

[Don and Venus 2]

I am a USC and my wife came over here on a K-1 visa from the Philippines. She received her K-1 visa in August 2010. She came over, we married and she just got her 2 year Green Card in April 2011. We would like to bring her daughter over who was 17 when we married and she is considerd a child by immigration law. I declared her children on all the previous paperwork except at the time we didn't intend for them to follow. Now we would like for them to be with us but we are only going to petition the oldest daughter first. I'm a little confused by the guidelines here on VJ and I'm not sure if I should just use the I-130 Petition For Alien Relative OR can I use Following-to-Join Benefits and file the I-824 Application for Action on an Approved Application or Petition?

Also, I know for Following-to-Join is a K-2 visa but what type visa would the I-130 route be?

Helping me get this straight would be greatly appreciated.

Thank you,

Don

[Don and Venus 2]

Does anyone have any experience with this and can offer a little input?

[JimVaPhuong 4,863]

I am a USC and my wife came over here on a K-1 visa from the Philippines. She received her K-1 visa in August 2010. She came over, we married and she just got her 2 year Green Card in April 2011. We would like to bring her daughter over who was 17 when we married and she is considerd a child by immigration law. I declared her children on all the previous paperwork except at the time we didn't intend for them to follow. Now we would like for them to be with us but we are only going to petition the oldest daughter first. I'm a little confused by the guidelines here on VJ and I'm not sure if I should just use the I-130 Petition For Alien Relative OR can I use Following-to-Join Benefits and file the I-824 Application for Action on an Approved Application or Petition?

Also, I know for Following-to-Join is a K-2 visa but what type visa would the I-130 route be?

Helping me get this straight would be greatly appreciated.

Thank you,

Don

A K2 follow to join would be faster since she would be riding on the coattails of the approved I-129F. She'd only need to submit a visa application at the consulate, and wouldn't have to wait out another petition. She's eligible for a K2 until she's 21, but there's also a general requirement that she needs to complete adjustment of status before she's 21.

I-130 would be for a CR2 - child of a US citizen. She's eligible because you married her mother before she was 18. It's CR2 rather than IR2 because you and her mom have been married less than two years. However, if the marriage is over two years at the time she enters the US then she'd probably get a 10 year green card, and wouldn't have to remove conditions.

[Don and Venus 2]

Thank you JimVaPhuong!

[brykit 0]

Doesn't the K-2 "follow to join" have a one year limit from the time the fiance enters the U.S.?

[JimVaPhuong 4,863]

Doesn't the K-2 "follow to join" have a one year limit from the time the fiance enters the U.S.?

Yes. According to the OP's timeline, his wife entered the US in September, 2010, so his step-daughter has until September, 2011, to get a K2 visa. That should be more than enough time.

[cdbernardino 0]

I am a USC and my wife came over here on a K-1 visa from the Philippines. She received her K-1 visa in August 2010. She came over, we married and she just got her 2 year Green Card in April 2011. We would like to bring her daughter over who was 17 when we married and she is considerd a child by immigration law. I declared her children on all the previous paperwork except at the time we didn't intend for them to follow. Now we would like for them to be with us but we are only going to petition the oldest daughter first. I'm a little confused by the guidelines here on VJ and I'm not sure if I should just use the I-130 Petition For Alien Relative OR can I use Following-to-Join Benefits and file the I-824 Application for Action on an Approved Application or Petition?

Also, I know for Following-to-Join is a K-2 visa but what type visa would the I-130 route be?

Helping me get this straight would be greatly appreciated.

Thank you,

Don

hi. i would like to ask if you've already sent the k2 visa application coz i have the same situation as you. My visa was issued on aug 27, 2010. I entered as K1 on nov.21 last year and got married with my fiance within the 90 day period. i have a 2 year old son in the phils. what documents are needed and where to file for the Following-to-Join i K-2 visa? please update me. thanks

[cdbernardino 0]

what are the steps in filing Following-to-Join K-2 visa? i really want my son to get here asap. please help me. thank u