8 yr old step son - application to come to US

[David and Ariana 2]

I need help understanding the process to get my 8yr step son here. First some background.

I am a natural born US citizen. Applied for a K-1 for my fiancee in China in Nov 2009, she got visa in July 2010, joined me in US (San Francisco), we married in Nov 2010. For reasons that seemed good at the time, we did not bring her 8yr old son with her when she came. I think I got bad advice at the time - an immigration attorney told us that now that we were married, her son could not follow on her K-1 visa - she said that was now void and a new I-1-130 petition was necessary. She did not tell us that perhaps we could apply for a K-3/K-4 visa for him to come in the mean time. Could we/can we do that?

Anyway, submitted I-130 for my wife's son (my stepson) in Nov 2010. Today got the letter asking me to come to an interview in San Francisco in 1 month to verify the relationship.

First question - what will happen after this, assuming they have no problems? Do we then have to apply for a Visa for him, and how long does that take? Or do they issue him a visa immediately or automatically?

How does the fact that he is still in China affect this? Does he have to go to the consulate in Guangzhou? Does he need a medical exam at the Guangzhou hospital?

Could we have applied for a K-3/K=4 visa for him to come in the meantime? Should we now? Or are we so close to him getting a visa that it no longer makes sense?

Any help would be apprecaited. I've read the USCIS descriptions of the process for the I-130, but since he is a young step son, it is not clear to me how they actually apply and what the specifics in our situation will be.

David and Ariana

[aleful 1,905]

I need help understanding the process to get my 8yr step son here. First some background.

I am a natural born US citizen. Applied for a K-1 for my fiancee in China in Nov 2009, she got visa in July 2010, joined me in US (San Francisco), we married in Nov 2010. For reasons that seemed good at the time, we did not bring her 8yr old son with her when she came. I think I got bad advice at the time - an immigration attorney told us that now that we were married, her son could not follow on her K-1 visa - she said that was now void and a new I-1-130 petition was necessary. She did not tell us that perhaps we could apply for a K-3/K-4 visa for him to come in the mean time. Could we/can we do that?

Anyway, submitted I-130 for my wife's son (my stepson) in Nov 2010. Today got the letter asking me to come to an interview in San Francisco in 1 month to verify the relationship.

First question - what will happen after this, assuming they have no problems? Do we then have to apply for a Visa for him, and how long does that take? Or do they issue him a visa immediately or automatically?

How does the fact that he is still in China affect this? Does he have to go to the consulate in Guangzhou? Does he need a medical exam at the Guangzhou hospital?

Could we have applied for a K-3/K=4 visa for him to come in the meantime? Should we now? Or are we so close to him getting a visa that it no longer makes sense?

Any help would be apprecaited. I've read the USCIS descriptions of the process for the I-130, but since he is a young step son, it is not clear to me how they actually apply and what the specifics in our situation will be.

David and Ariana

I don't know anything about Chinese process but he couldn't have come on a K3/K4 because your wife didn't come on that type of visa. he would have had to be a K4, child of a K3, just like your wife, fiance then, came on a K1, as her child he could have come on the K2.

her son comes on the same petition that you petition for your wife.

you didn't petition your wife on a K3.

so you are good, filing the i130 as a step parent

[JimVaPhuong 4,863]

I need help understanding the process to get my 8yr step son here. First some background.

I am a natural born US citizen. Applied for a K-1 for my fiancee in China in Nov 2009, she got visa in July 2010, joined me in US (San Francisco), we married in Nov 2010. For reasons that seemed good at the time, we did not bring her 8yr old son with her when she came. I think I got bad advice at the time - an immigration attorney told us that now that we were married, her son could not follow on her K-1 visa - she said that was now void and a new I-1-130 petition was necessary. She did not tell us that perhaps we could apply for a K-3/K-4 visa for him to come in the mean time. Could we/can we do that?

Anyway, submitted I-130 for my wife's son (my stepson) in Nov 2010. Today got the letter asking me to come to an interview in San Francisco in 1 month to verify the relationship.

First question - what will happen after this, assuming they have no problems? Do we then have to apply for a Visa for him, and how long does that take? Or do they issue him a visa immediately or automatically?

How does the fact that he is still in China affect this? Does he have to go to the consulate in Guangzhou? Does he need a medical exam at the Guangzhou hospital?

Could we have applied for a K-3/K=4 visa for him to come in the meantime? Should we now? Or are we so close to him getting a visa that it no longer makes sense?

Any help would be apprecaited. I've read the USCIS descriptions of the process for the I-130, but since he is a young step son, it is not clear to me how they actually apply and what the specifics in our situation will be.

David and Ariana

Geez, you've been the victim of a host of bad advice.

Your step-son could have applied for a K2 visa up to a year after your wife's K1 was issued. It doesn't matter that you already married. In fact, if you'd already applied for the AOS then the consulate would probably want to see proof of that.

A K4 is a derivative of a K3. Your wife didn't get a K3, so your step-son can't get a K4. It's as simple as that.

What you have to do at the interview is prove you are a relative who is qualified to petition for the child. This means you have to prove:

1. You are married to your wife.

2. The marriage took place before the child was 18 years old.

3. Your wife is the biological mother of your step-son.

Step 1 and 2 are easy. Step 3 may be a little more difficult. She'll need his birth certificate with her name on it as the biological mother. Since documents in China can often be had for the right price, they may want further evidence, like photos of her and her son at different points while he was growing up, a copy of the Hukou showing she and he lived in the same household, school records, etc. In the most extreme case they may ask for a DNA test to prove maternity. This may seem like overkill, but you'd be surprised how many people try to bring their cousins or nieces/nephews to the US claiming they are their biological children.

If the I-130 is approved then it will be forwarded to the National Visa Center where you'll continue processing. You'll be asked to submit an I-864 affidavit of support, with associated fees. Your step-son will be asked to submit the visa fees. Eventually, the whole package will be sent to the consulate in China for an interview. It would probably be best if you and/or your wife were there to attend the interview with him.

[David and Ariana 2]

JimVaPhuong,

Thanks - that is very helpful. So odd that an experienced immigration attorney would tell me that - it has really caused us a lot of grief. But your answers are helpful. I didn't think the interview would be much of a challenge, but it sounds like we really need to prepare.

One question - so after it is sent to the NVC - is the time period/delay going to be about the same that we experienced with the K-1 Visa? It was about 6 months from when I got the notice that my fiancee's application was going to NVC to when she had her interview, but about 6 weeks of that was the time needed to prepare documents. Are we then looking at another 4 months after the SF interview before we can get the visa??

David and Ariana

[JimVaPhuong 4,863]

JimVaPhuong,

Thanks - that is very helpful. So odd that an experienced immigration attorney would tell me that - it has really caused us a lot of grief. But your answers are helpful. I didn't think the interview would be much of a challenge, but it sounds like we really need to prepare.

One question - so after it is sent to the NVC - is the time period/delay going to be about the same that we experienced with the K-1 Visa? It was about 6 months from when I got the notice that my fiancee's application was going to NVC to when she had her interview, but about 6 weeks of that was the time needed to prepare documents. Are we then looking at another 4 months after the SF interview before we can get the visa??

David and Ariana

Immigration attorneys are only human. They make mistakes too. The one you spoke to may have simply forgotten about the "follow to join" option, or may not have understood how it worked. You get a lot better results with an attorney if you are a proactive and educated client.

Immediate relative visa petitions spend more time at the NVC than fiancee visa petitions. The NVC will send correspondence to you and you will have to respond to it. There's a flowchart here that outlines the NVC process:

http://www.visajourney.com/examples/NVC_Process_Flowchart_v1-2.pdf

[Darnell 8,478]

I need help understanding the process to get my 8yr step son here. First some background.

I am a natural born US citizen. Applied for a K-1 for my fiancee in China in Nov 2009, she got visa in July 2010, joined me in US (San Francisco), we married in Nov 2010. For reasons that seemed good at the time, we did not bring her 8yr old son with her when she came. I think I got bad advice at the time - an immigration attorney told us that now that we were married, her son could not follow on her K-1 visa - she said that was now void and a new I-1-130 petition was necessary. She did not tell us that perhaps we could apply for a K-3/K-4 visa for him to come in the mean time. Could we/can we do that?

Anyway, submitted I-130 for my wife's son (my stepson) in Nov 2010. Today got the letter asking me to come to an interview in San Francisco in 1 month to verify the relationship.

1. First question - what will happen after this, assuming they have no problems? Do we then have to apply for a Visa for him, and how long does that take? Or do they issue him a visa immediately or automatically?

2. How does the fact that he is still in China affect this? Does he have to go to the consulate in Guangzhou? Does he need a medical exam at the Guangzhou hospital?

3. Could we have applied for a K-3/K=4 visa for him to come in the meantime? Should we now? Or are we so close to him getting a visa that it no longer makes sense?

Any help would be apprecaited. I've read the USCIS descriptions of the process for the I-130, but since he is a young step son, it is not clear to me how they actually apply and what the specifics in our situation will be.

David and Ariana

1. Casefile will be sent back to the Application Center that it came from (EAC or WAC, check yer receipt number) then normal processing on the I-130 will resume. At some point after, there will be NVC processing - suggest you OPT IN for NVC Electronic Processing, cuts down a lot of the wait time.

2. Not at all, as one is applying for a VISA for him. Yes, and yes.

3. Meantime? no - but within 1 year of her K-1 visa 'as of' date, you could have applied for a K-2 visa for him directly with the IV Unit in Guangzhou, it's called a 'follow to join' application. I don't think you qualify any more, as it's been more than 1 year, though.

Good Luck !

Edited May 28, 2011 by Darnell

[Darnell 8,478]

JimVaPhuong,

Thanks - that is very helpful. So odd that an experienced immigration attorney would tell me that - it has really caused us a lot of grief. But your answers are helpful. I didn't think the interview would be much of a challenge, but it sounds like we really need to prepare.

One question - so after it is sent to the NVC - is the time period/delay going to be about the same that we experienced with the K-1 Visa? It was about 6 months from when I got the notice that my fiancee's application was going to NVC to when she had her interview, but about 6 weeks of that was the time needed to prepare documents. Are we then looking at another 4 months after the SF interview before we can get the visa??

David and Ariana

If you OPT IN for NVC Electronic Processing, figure 3 months from the time a GUZ # is assigned until the interview date in Guangzhou, if you drive all of the documents into NVC, not wait for anything to be postal mailed to you .

[sib 7]

He wrote the wife got the visa in July 2010, so it should still be possible to file for a K2 visa which probably would be faster!

Did you investigate the K2 in detail? I don't think you will need a lot of paperwork for it, so it could be done quickly. You do not have a lot of time left!

Sib

[Darnell 8,478]

ah - July 2010, you say? eek - my bad.

Ya, a K-2 follow to join case is possible, but ya gotta jumpstart it at Guangzhou IV UNIT, via email.

Start with this web form email thingie -> http://guangzhou.usembassy-china.org.cn//immigrant-visa-unit-question.html

and be prepared to send off an OF-169, quickly - see http://guangzhou.usembassy-china.org.cn/forms_and_packets.htm in the very top section labelled K Visa Instruction Packet (“Packet 3”)

Edited June 4, 2011 by Darnell

[David and Ariana 2]

ah - July 2010, you say? eek - my bad.

Ya, a K-2 follow to join case is possible, but ya gotta jumpstart it at Guangzhou IV UNIT, via email.

Start with this web form email thingie -> http://guangzhou.usembassy-china.org.cn//immigrant-visa-unit-question.html

and be prepared to send off an OF-169, quickly - see http://guangzhou.usembassy-china.org.cn/forms_and_packets.htm in the very top section labelled K Visa Instruction Packet (“Packet 3”)

Thank you everybody for the suggestions. We have an "Infopass meeting" in SF tomorrow morning and hope to get this cleared up and get clear path forward.

[Darnell 8,478]

I need help understanding the process to get my 8yr step son here

oh my, why not send in OF-169 to GUZ IV instead ?

I hope you carry this printed page with you ?

I need help understanding the process to get my 8yr step son here

The clock is ticking, sir - you've wasted a week already.

K-2 FTJ has a time limit on it, yer fast approaching it.

I need help understanding the process to get my 8yr step son here

When you go to the Infopass Meeting, ask for the Supervisor, as the front line desk animal won't be so knowledgeable about anything related to Immigration.

Edited June 6, 2011 by Darnell

[David and Ariana 2]

I need help understanding the process to get my 8yr step son here

oh my, why not send in OF-169 to GUZ IV instead ?

I hope you carry this printed page with you ?

I need help understanding the process to get my 8yr step son here

The clock is ticking, sir - you've wasted a week already.

K-2 FTJ has a time limit on it, yer fast approaching it.

I need help understanding the process to get my 8yr step son here

When you go to the Infopass Meeting, ask for the Supervisor, as the front line desk animal won't be so knowledgeable about anything related to Immigration.

Had the meeting - the officer was actually very helpful and knowledgable. I think it helped that she was Chinese as well. We remedied the problem on my application (the address I gave for my step-son), she updated the file and she assured us we didn't need him to be at the appointment (which was the question that started this). She confirmed what two lawyers (another one this week) have said - that I couldn't apply for a K-2 visa after we were married, though once I told her that we HAD included him on the DS-230 as "planned to follow" she said that helped - but that it was up to the discretion of the consulate. So while she didn't actually recommend that we do that, it seemed pretty clear that contacting them, giving them all the information and the story was a viable option, just as you recommended. So I'll get that all started today. (Yes, guess I should have started last week - I now have 5 weeks until July 14th.)

[Darnell 8,478]

Best to EMAIL GUZ IV when they are open, about this. for some reason (I still haven't figured it out), you'll get a faster response on a K-3 FTJ case.

But remember, K-2 FTJ cases have been 'going away' the last 18 months. It's do-able, if you get a knowledgeable VO to 'open the casefile' again, but .....

IMO, sending in the OF-169 nowish, to GUV IV unit, will jump start all, remember to include a cover letter about what's going on, ask for the earliest scheduled interview date possible (July 14 is creeping up, la) ..

[JimVaPhuong 4,863]

Had the meeting - the officer was actually very helpful and knowledgable. I think it helped that she was Chinese as well. We remedied the problem on my application (the address I gave for my step-son), she updated the file and she assured us we didn't need him to be at the appointment (which was the question that started this). She confirmed what two lawyers (another one this week) have said - that I couldn't apply for a K-2 visa after we were married, though once I told her that we HAD included him on the DS-230 as "planned to follow" she said that helped - but that it was up to the discretion of the consulate. So while she didn't actually recommend that we do that, it seemed pretty clear that contacting them, giving them all the information and the story was a viable option, just as you recommended. So I'll get that all started today. (Yes, guess I should have started last week - I now have 5 weeks until July 14th.)

Both lawyers AND the moron you spoke to at the InfoPass appointment were wrong.

Foreign Affairs Manual, section 9, 41.81 N12

9 FAM 41.81 N12 CHILD OF ALIEN K-1 FIANCÉ(E)

USCIS and the Department have agreed that the child of a K-1 principal alien may be accorded K-2 status if following to join the principal alien in the United States

even after the principal alien has married the U.S. citizen fiancé(e), and acquired lawful permanent resident (LPR) status

. However, the cutoff date for issuance of a K-2 visa is one year from the date of the issuance of the K-1 visa to the principal alien. After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required.

http://www.state.gov/documents/organization/87391.pdf

[David and Ariana 2]

Thanks for the link. Showed it to both lawyers and they both acknowledged they were wrong. Have appt with one on Friday.

I've been trying to figure out the process for K-2, putting together with your mention of the OF-169. At first I was thinking there was a second process for the K-2, but now I think I have figured out that what we need to do is start in the middle of the K-1 process, as if we had just received the packet 3. In our case, I DID put my stepson on my then fiancee's DS-230/156 as "not accomplaning but following". Should we have filled out a second DS-230/156 for him specifically, or with that application do we just resubmit the original DS-230 saying we need a second appointment for my stepson, since he wasn't at the first? How does electronic processing fit in. Anyway, I'll go ahead and use the web form and email to send them a letter and a copy of the DS-230 - but any more advice is appreciated.