Bringing my wifes son to US after K1 Visa and AOS?

[Steve and angela 0]

Hello,

My wife came over from Colombia in November 2014 on a K1 Visa. We married in January 2015 and AOS was completed shortly after (she has 2 year green card now).

She has a 13 year old son who we listed in the original I-129 application but he did not immigrate with her as we wanted to get ready first. Now we are ready to bring him to the US.

Would he be eligible under following to join benefit or do we have to file the I-130?

If we have to file the I-130 is it advisable that I file as his stepfather (US citizen) or that my wife file as his natural mother (Current green card LPR)?

Thanks everyone for your help!

[aleful 1,905]

hi

the i130, follow to join is valid for only a year after arrival

the process will take around a year

[Steve and angela 0]

Disappointing to hear but thanks for the info.. Was hoping we could get him here faster than that..

[Steve and angela 0]

So to my 2nd question..

Who should file the I-130?

Me (US citizen) stepfather

or my wife (LPR) his mother?

[aaron2020 11,651]

A K-2 can only be issued within one year after a K-1 is issued; not when the K-1 arrives in the US.

It would be faster for the USC stepparent to file because this would be treated as an Immediate Relative case and take about 6-12 months. You should file the I-130 as the USC stepparent.

An LPR parent would petition the child in the F2a category where it currently takes about 18 months for a visa. It could be longer.

[Steve and angela 0]

Ahh understood.

Thanks so much!

[GUNS4WORK 0]

I have the same situation but my wife's children were not listed on the i-129. It has not been quite one year since see received here 2 year green card. Can we add the kids using the i-824 form?

Thanks

[Boiler 45,658]

Sounds unlikely.

Why were they not listed?

[aaron2020 11,651]

I have the same situation but my wife's children were not listed on the i-129. It has not been quite one year since see received here 2 year green card. Can we add the kids using the i-824 form?

Thanks

The relevant date for issuing the K-2 is not when she received the 2 year green card. The relevant date is one year from when the K-1 was issued.

Why weren't the kids listed as instructed?

You can try, but then you would have to pay for AOS. Might as well file the I-130s.

[Steve and angela 0]

A K-2 can only be issued within one year after a K-1 is issued; not when the K-1 arrives in the US.

It would be faster for the USC stepparent to file because this would be treated as an Immediate Relative case and take about 6-12 months. You should file the I-130 as the USC stepparent.

An LPR parent would petition the child in the F2a category where it currently takes about 18 months for a visa. It could be longer.

Will they require a 13 year old child to do an interview at the embassy in Bogota? If so can his aunt go with him ordoes it have to be a parent?

We are a little worried the father may not bother to show at the interview.

[aaron2020 11,651]

Will they require a 13 year old child to do an interview at the embassy in Bogota? If so can his aunt go with him ordoes it have to be a parent?

We are a little worried the father may not bother to show at the interview.

He is required to have an interview.

His aunt can accompany him to the interview.

His father needs to sign a notarized consent letter allowing his child to immigrate. The US Embassy will not grant a visa without this letter.

[Steve and angela 0]

He is required to have an interview.

His aunt can accompany him to the interview.

His father needs to sign a notarized consent letter allowing his child to immigrate. The US Embassy will not grant a visa without this letter.

Thank you!