Please Help AOS for child not included in a K1 Visa

[Blopid 0]

Ok, so it could be a K2 or a IR2 then?  But question, with a IR2 visa he will get a green card upon entering the US...  Will that happen also with a K2?  

[aaron2020 11,651]

You can not file AOS for the child with mom since the child is outside the US and never got a K-2.  Even if the child enters now, you can not file for them together.  Filing for AOS together requires them to have enter the US within 90 days of each other. 

 

The K-2 is the quicker path to the US since the K-1 has been approved.  The K-2 can take a few short months.  It's also the more expensive route.  The K-2 can be issued up to one year after the K-1 is issued.  After the year, you can not file for a K-2.  You would have to file a separate AOS for the child.  Upon completing AOS, the child gets a 2 years conditional green card.

 

The CR-2 path starts with you filing an I-130 and can take up to a year to process.  The child will remain outside the US while waiting for a visa.  The CR-2 upon entry results in a 2 years condition green card.

 

In both cases, you would need to file at the 2 years mark to remove condition on the conditional green card.

Edited February 6, 2017 by aaron2020

[Blopid 0]

I want to thank all of you for your help...  With this information we can decide what's the best step to take...  All in all, I think the IR2 path would be cheaper in order to achieve the visa and the green card, although it might take longer...  Would I be right in thinking that?  Well, I just re-read the last post and my question was answered. Lol  Thank you all again for your help... 

Edited February 6, 2017 by Blopid

[f f 725]

if the child enters the us 2 years after you are married they will get a 10 year green card so they will not have to do roc which is about 550 bucks now.

[Blopid 0]

What your saying about waiting 2 years and the 10 year green card, is that for the IR-2 visa for her son?  Also, I'm sorry but can you tell me what "ROC" is?  I thank you in advance...

[aleful 1,905]

yep

 

up to a year from when the k1 was issued to your wife, her son can come under the k2 visa, as follow to join

 

roc is removal of conditions, having a 2 year GC, to change it to a 10 year GC before the 2 year GC expires

Spoiler

Spoiler

 

 

 

 

Edited February 6, 2017 by aleful

[foreverbluebird 0]

Hi, I'd like to chime in, because I had exactly the same situation.

By the immigration rules, your fiancee's child can get his K-2 visa within a year from the date when your fiancee has received her K-1. So it would make it Feb 1, 2018 to be the deadline. If you are able to make it in time, you won't have to file another case. However, you will need to schedule an interview at the U.S. embassy in your fiancee's country, and she needs to be present there with her child with the packet of supporting documents which you used for your K-1 process, and a notarized letter from you stating that you are able to welcome her child in the U.S. and ready to provide full support (yes they do ask for this letter often, even though it's not on the list of the required documents).

That's the easiest way to bring your fiancee's child to U.S. within a year, but be careful with dates, interview schedules get busy at times.

Edited February 6, 2017 by foreverbluebird

[NikLR 13,220]

Roc is removal of conditions.  Anyone that has not been married 2 or more years when they recieve their permanent residency, will get a conditional green card that is valid for 2 years.   Just before those 2 years are up, the foreigner must remove the conditions on the card and prove to the USCIS they married in good faith and have a genuine marriage.  Read the ROC forum for details on how to do this but start collecting evidence from marriage onward.  

Now I doubt your fiancée is going ton want to wait 2 years to bring her son.  I suggest, right after marriage, filing the k2 or cr2 for the boy.  The k2 is follow to join and he has to AOS in the USA.  If you do his AOS at the same time as his mom's, it's cheaper than hers.  I never understand why people make their under 14 kids wait for a k2 when AOS could be half the price!  It takes a few months. 

CR2 would get him a green card upon arrival but takes about a year. 

[Blopid 0]

You are all awesome!!!  The information you gave me here is great and with all the detail explained, my soon to be wife and I can make an informed decision.   Despite the high cost of everything, I'm grateful that the options are available...  

 

     One further question if anyone knows...  For the CR-2/IR-2, is there an interview for the child back in her country?  Also, what is the difference between a CR-2 and a IR-2?  Thanks all...  

[NikLR 13,220]

25 minutes ago, Blopid said:

You are all awesome!!!  The information you gave me here is great and with all the detail explained, my soon to be wife and I can make an informed decision.   Despite the high cost of everything, I'm grateful that the options are available...  

 

     One further question if anyone knows...  For the CR-2/IR-2, is there an interview for the child back in her country?  Also, what is the difference between a CR-2 and a IR-2?  Thanks all...  

Yes there will be a medical and interview. Same with K2.

 

CR2 is a conditional card.  If you and the mother have been married less than 2 years the child will get a CR2 and will need to remove conditions.  If you are married more then 2 years the child will get an IR2 which is a 10 year green card and no need to remove conditions. 

 

So keep in mind for cost (excluding medical and travel costs) 

K2 filing AOS at same time as mom: $265 DS-160, $750 for child under 14 who files AOS with parent AOS = $1015

K2 filing AOS at different time than mom: $265 DS-160, $1140 for AOS = $1450

CR2 = $535 I-130, $120 AoS, (affidavit of support) $325 DS-260, $220 green card fee = $1200

 

Edited February 6, 2017 by NikLR

[Enigma11561 336]

If he as listed in all your docs then he is a K2 "to follow". You then have one year ( I think..could be 6 months) after your fiance was issued her visa to get his. i would suggest you AOS your wife, get her a SS number, etc  during this waiting period or as soon as possible. When her son comes over you will go thru the process a second time. As an aside, because I went thru heck and back on this issue, do not wait until the last minute to inform the embassy you want to do this to ensure they still have all the paperwork still available. And throw away nothing.

[Blopid 0]

Once again, great information.  I understand all the options and my fiancée and I will be able to make the proper decision now.  I'm very grateful...    

[SparklePony 238]

12 hours ago, foreverbluebird said:

However, you will need to schedule an interview at the U.S. embassy in your fiancee's country, and she needs to be present there with her child with the packet of supporting documents which you used for your K-1 process, and a notarized letter from you stating that you are able to welcome her child in the U.S. and ready to provide full support (yes they do ask for this letter often, even though it's not on the list of the required documents).

Chiming in with a different experience. My two daughters had K2s done at the last possible moment after my K1 was issued (just had to be done this way due to circumstances beyond my control). The embassy was aware of this. They did their medicals and interview without my presence and there was no issue whatsoever. I would ask the embassy from your wife's country exactly what they require - ours didn't require any notarized letter from me like this poster mentions. Different embassies will probably have different requirements so they're the ones you should contact.