Question regarding Child following on.

[Twinkles 10]

Hello all,

Hopefully im in the right section for this.

Little background. I came here just over 2 years ago on a K1 Visa. Married and have just filed ROC (Green card has just been extended for one year)

At the same time i recieved my K1 visa, we secured a Visa for my Son as well in 2010

He had a full Medical in August 2010 and also his Immigration interview (London Embassy) was in August 2010

Due to the Medical Dr wanting quite a few things done, our passports were held by the London Embassy for several months.

In November 2010 we both received our passports back with visas inside. Before we were due to emigrate (Leave England)

My Son decided to stay there and finish Education. I had to inform the London Embassy and return his passport, with the visa inside.

They removed the Visa, returned his passport and told me, just to let them know, when he wanted to follow me on.

I emigrated in February 2011. My Son is age 19 now and we are hoping to move him out of England before he is 21.

We are trying to find out if due to the length of time since we sent his Visa back to the Embassy, if we will need to redo things.

Like police check.. Embassy interview... Medical?

Is there a special form we need to fill in *shrugs* Or do i just call the London Embassy and say ok he is now ready to leave and just give them his planned leaving date. Looking at the back end of next year December 2014 for him leaving England.

If there are things we need to do, i dont want to be missing the Boat on this, so any advice appreciated.

[Inky 1,111]

Moved from bringing family members of PR to K-1 forums as the OP is asking about a K-2 derivative visa that had been filed for.

[Penguin_ie 5,999]

It's been too long, a follow-to-join has to happen within a year of the K1.

Since you got married to your US citizen husband before the child was 18, the quickest thing would be for him to file a I-130 stepchild petition, it should take less than a year.

[Twinkles 10]

It's been too long, a follow-to-join has to happen within a year of the K1.

Since you got married to your US citizen husband before the child was 18, the quickest thing would be for him to file a I-130 stepchild petition, it should take less than a year.

Thx for your response Penguin.

Been abit of a journey this, what with medical issues and Education tu boot.

We know a rough leaving date now for him.

Can i ask if this I-130 Visa is like the K1 with a 6 Month expiry on it, once granted?

And also, for him to qualify as a Step Child and it to take less than a year, will he need to be off British Soil, by the time he turns 21 years of age? He is turning 21 in January of 2015.

Looks like he needs UK Police check, his, like his K2, has expired.

Not sure expiration on Medical, guessing that too has expired

and possibly interviewed at the London US Embassy? all over again >.>

Hoping we can get the Medical and Interview done in the same trip to London. Things may have changed, so im searching to see if thats still possible.

[Penguin_ie 5,999]

Yes, 6 months expiry. I know the visa has to be granted before he is 21. I *think* he has to immigrate/ use the visa before then too, but not 100% sure. If he ends up being over 21, the wait time would be about 7 years, as he is no longer "immediate family" without a priority date/ wait list.

Yes, he will need to do it all again, pay again etc. I am not sure if he could do medical and interview in the same visit, as I believe in the UK, you must do the medical first and then get an interview, and it takes at least a couple of weeks.. but you want to check that with the folks in the UK regional forum. The Guide here explains the process n general: http://www.visajourney.com/content/child

[aaron2020 11,651]

Yes, 6 months expiry. I know the visa has to be granted before he is 21. I *think* he has to immigrate/ use the visa before then too, but not 100% sure. If he ends up being over 21, the wait time would be about 7 years, as he is no longer "immediate family" without a priority date/ wait list.

Yes, he will need to do it all again, pay again etc. I am not sure if he could do medical and interview in the same visit, as I believe in the UK, you must do the medical first and then get an interview, and it takes at least a couple of weeks.. but you want to check that with the folks in the UK regional forum. The Guide here explains the process n general: http://www.visajourney.com/content/child

This is an Immediate Relative case, USC petitioning an unmarried stepchild under 21. Under CSPA, his age freezes on the day that the I-130 is received. The visa can be granted after his 21st birthday. He can come to the US after his 21st birthday. As long as the visa is valid, he has no age problem. Visas are generally valid for up to six months or the expiry of the medical - whichever is first.

You are confusing the rule for the K-2. The K-2 must be used before the beneficiary's 21st birthday (i.e. must use by age 21).

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This is a new case. Everything has to be redone. New fee. New petition. New medical. New police report. New interview. Etc. Nothing done before matters. This case has nothing to do with the K-1 or K-2 at this point.

Edited June 10, 2013 by aaron2020