Step child

[mamichula34 7]

My hubby got his GC 6/21 for 2 years. Now we working on petitioning his son. We are doing the I130, I485, G325 for 11 years old Dominican. 

Will it be best to do the I130 or K3?

[Georgia16 2,858]

Was the child mentioned on the I-129F? Or did you do spouse visa?

 

When did the father get his visa?

[Hypnos 6,576]

You should file an I-130 as the child's stepparent; this will be the fastest way to bring the son here.

 

K-2 is better (see below).

Edited July 5, 2017 by Hypnos

[Georgia16 2,858]

3 minutes ago, Hypnos said:

You should file an I-130 as the child's stepparent; this will be the fastest way to bring the son here.

K-2 will be faster if they have that option though.

[Hypnos 6,576]

True.

 

OP's timeline indicates they received their K-1 visa in September 2016, so they have a couple of months to get a K-2 issued.

 

OP, you should contact the embassy ASAP and indicate you wish to exercise follow-to-join benefits for a derivative child and have a K-2 issued for them. You need to act fast, since the child is only eligible to be issued a K-2 up to a year from the issue date of the original K-1.

[mamichula34 7]

 if i do k2 visa i will have to do the same Steps to aos

23 minutes ago, Georgia16 said:

Was the child mentioned on the I-129F? Or did you do spouse visa?

 

When did the father get his visa?

Child was mentioned in the k1 pet.

[Hypnos 6,576]

Yes, they would need to AoS in the same manner as your husband did.

[Georgia16 2,858]

4 minutes ago, mamichula34 said:

 if i do k2 visa i will have to do the same Steps to aos

Child was mentioned in the k1 pet.

Yes you can do a K-2 is you are fast and he can get here fast and then you'll have to do the AOS when he gets here OR you can do the I-130 as a stepchild which takes a year but then he gets his GC when he gets here. 

[Hypnos 6,576]

There's not much of a downside to a K-2 in this situation since a child isn't going to immediately need employment authorisation.

 

Be aware that you can only obtain a Social Security Number for a K-2 when you have their EAD; they cannot obtain an SSN simply by virtue of their K-2 status (like K-1s can).

[mamichula34 7]

4 minutes ago, Georgia16 said:

Yes you can do a K-2 is you are fast and he can get here fast and then you'll have to do the AOS when he gets here OR you can do the I-130 as a stepchild which takes a year but then he gets his GC when he gets here. 

I'm not in no rush. I will rather do the I130. Less 💰. Like that we can get mother mentally ready for her to take actions in the country forthe child prior to us going to interview.

[Georgia16 2,858]

2 minutes ago, mamichula34 said:

I'm not in no rush. I will rather do the I130. Less 💰. Like that we can get mother mentally ready for her to take actions in the country forthe child prior to us going to interview.

Then I would get started now with the I-130 so he can move early in the summer vacation and settle a bit before starting school here

[mamichula34 7]

1 minute ago, Georgia16 said:

Then I would get started now with the I-130 so he can move early in the summer vacation and settle a bit before starting school here

We trying to calculate time frame and 💰 prior to submitting anything. 

[Georgia16 2,858]

3 minutes ago, mamichula34 said:

We trying to calculate time frame and 💰 prior to submitting anything. 

$535 filing fee and about a year

 

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

[mamichula34 7]

Plus all the expenses out there, flights etc

[Georgia16 2,858]

1 minute ago, mamichula34 said:

Plus all the expenses out there, flights etc

Yes medical, green card fee and so on but that is not right now so a little time to save up for that