I-824 for child of LPR (Arrived via K1)

[habesha14 0]

Hello,

I have spent countless hours on the phone with USCIS and hours reviewing its website.  I cannot find the answer to my question. 

 

Situation

Husband and child arrived to US using the K1/K2 Visa (April 2016).  Due to difficulty adjusting to the US, the child returned before we got married.  We married and husband has since received his green card (June 2016). We now want our child to return to the US.  The K2 visa has already been used so it is no longer an option.  Should my husband (LPR) file an I-824 or should I (USC) file an I-130?  The I-824 instructions (https://www.uscis.gov/i-824) state you can use the I-824 based on a family preference visa petition (I-130).  As a K1, we did not file the I-130. Does that mean we can't use it?  It seems the I-824 is much faster, which is why we prefer to file it.  Does anyone know if a K1 to LPR can file the I-824 to bring their child to the US. 

 

So confused.

 

 

 

[Villanelle 4,121]

824 doesnt apply to you.

 

Either you or your spouse file the 130. It is quicker if the USC does it vs the LPR.

 

[aleful 1,905]

hi

 

exactly, you have to file the i130 because it's quicker, around a year

 

 

now, does the child want to come? because it would be a waste of money and time, if he comes and he leaves a few weeks later. the GC is for living here in the US, he can visit but the most part he needs to live with you here, and go to school here.

 

 

 

[habesha14 0]

Thank you Damara and aleful!  

 

I will work on the paperwork for the I-130.  And yes, aleful, our son is coming for good this time.