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dessa0202

Filing K2 for my 5 y/o son. (Title edited, Updated info in thread)

By dessa0202 in K-1 Fiance(e) Visa Process & Procedures

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Ian H. Proficient

Ian H.   207

Posted
Filed: IR-1/CR-1 Visa Country: Dominican Republic
 Timeline
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OP: As suggested have your husband petition for your son because it will be much faster. He would only have to wait the same time a USC's spouse waits. It is not my business or anyone's on here for that matter to hassle you as to why you didn't include and/or bring your son with you. I'm sure that you had your reasons for doing that. Read the instructions on the I-130 regarding stepchildren/stepparent, you have to include a copy of the child's BC and a copy of your MC. Here is a link:

http://www.uscis.gov/i-130

This does not constitute legal advice.

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kzielu
kzielu

Thought is - you have about 2 years wait in front of you...

Ian H.
Ian H.

That's not correct. A conditional LPR has every right that a regular LPR has, including the right to petition family members.

NikLR Grand Master

NikLR   13,235

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Why you didn't file for him when you filed AOS for yourself with your husband? Does his biological dad gives him the permission to leave the country and does he gave up his custody over the child? You don't want to do kidnapping...but I may be way out of line..someone might chime in with smarter advice/thought...

Only the part about the father allowing the child to move is very relevant for the OP. I'm sorry but I agree with Ian that it's none of our business why the child did not move originally, however it may help the OP if the child can still be a derivative of her original visa.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

AnotherLostSoul Proficient

AnotherLostSoul   167

Posted
Filed: Timeline
Posted

Okay, I was not sure exactly. And you're right it is not our business. It was more a rhetorical question, and I wasn't really expecting an answer. Just...feel bad for the poor kid who has no choice over his head on things...:x

Only the part about the father allowing the child to move is very relevant for the OP. I'm sorry but I agree with Ian that it's none of our business why the child did not move originally, however it may help the OP if the child can still be a derivative of her original visa.

Ian H. Proficient

Ian H.   207

Posted
Filed: IR-1/CR-1 Visa Country: Dominican Republic
 Timeline
Posted

The OP hasn't responded to her thread yet, let's see. It's possible that she already has sole custody for the child or she has already obtained the father's permission. I'm not sure how they do it over there, but in my experience the formal permission is only needed at the time of exiting the country, not to issue the visa. Of course, she wants to make sure that if she does need the father's permission, that he doesn't change his mind later on. Usually the other parent has an interest in this case and the father would be wise to let his child immigrate because when the child turns 21 and is a USC, he would be able to for petition him.

This does not constitute legal advice.

Thomas&Cleofe Proficient

Thomas&Cleofe   358

Posted
Filed: IR-2 Country: Philippines
 Timeline
Posted

In the Philippines, the child custody law states that a child born out of wedlock becomes the sole custody of the biological mother. This is rarely disputed by the biological father and no permission is needed from the biological father for the child to immigrate.

OP, you are fine. I (U.S. citizen husband) just filed the I-130 petition (IR-2) visa for my 7 year old stepson. My wife has been in the USA for almost 2 years, and yes, we had good reason why my wife did not bring her son when she immigrated.

dessa0202 Rookie

dessa0202   0

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
  • Author
Posted

I got here as a k1 visa and I included him but we didn't have enough time to get him so I only have 1 month to get him which is not possible if we will apply follow to joint or k2. Thanks for the advice. My husband will file for him instead and hoping that we can get him soon but we will be patiently waiting and praying for a smooth process. I will keep you guys updated.

dessa0202 Rookie

dessa0202   0

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
  • Author
Posted

For those who asked about my son. I have the full custody over him. His last name is my last name and he doesn't have a middle name though we included his name on the birth certificate. We weren't married either so I don't think there's any problem with that. My son is staying with my mom right now and the father is giving support whenever he feels like it. I hope this makes everything clear. I appreciate all you reply but some is just out of line on their comments. You don't know what I'm going through and the path that I walk through so I politely asked to not criticize or judge. Godbless!

EireneFaith Enthusiast

EireneFaith   59

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

By the way, your green card must not be conditional (2-years) it must be 10 years to do F2A

Did you mention your kid on your previous immigration processes?

I am conditional green card holder and I already filed for my 2 son's petition after I got my conditional green card. Now they are waiting for PD to be in line. It does not matter even you are conditional green card holder. The USCIS allows petition for LPR and CGC.

EireneFaith Enthusiast

EireneFaith   59

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

I got here as a k1 visa and I included him but we didn't have enough time to get him so I only have 1 month to get him which is not possible if we will apply follow to joint or k2. Thanks for the advice. My husband will file for him instead and hoping that we can get him soon but we will be patiently waiting and praying for a smooth process. I will keep you guys updated.

Praying that your son can join you as soon as possible. That is a good idea that your husband will file for his petition as he is his step son now and no need to wait for visa number. Your son is considered Immediate Relative. I wish your son will be safe while he is still in the Philippines. God bless.

Ontarkie Grand Master

Ontarkie   15,090

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~One inappropriate post removed, if you cannot contribute to the thread please do not respond.~~

Mod hat off

I don't know how it works for follow to join or how fast things move in the Philippines but you may be able to still use follow to join. When in October did you interview, call or email them and get them to do follow to join you may have time!

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

dessa0202 Rookie

dessa0202   0

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
  • Author
Posted

~~One inappropriate post removed, if you cannot contribute to the thread please do not respond.~~

Mod hat off

I don't know how it works for follow to join or how fast things move in the Philippines but you may be able to still use follow to join. When in October did you interview, call or email them and get them to do follow to join you may have time!

Thanks you..... I got til oc.18 but I don't think we have enough time should we risk it.?

 
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