Jump to content
Sign in to follow this  
Usaph

Waiting for K1, what is timeline to bring her Filipino child

20 posts in this topic

Recommended Posts

We filed our I-129F for her K1 visa. She is from Canada and her child is in Philippines being raised by her parents. We originally planned on bringing her son over in 2 or 3 years after marriage. Is that unrealistic?

 

What are our options?

1. Bring her child with K2 visa within one year. When does the countdown start and end?

2. I-130, but is it approximately 4 years waiting time, on top of her 2 years to wait for permanent residence?

Share this post


Link to post
Share on other sites
Posted (edited)

There is an alternate option #3. After she enters the US and you marry, you, not her, should file the I-130 petition to start the IR-2 process for your then step-son; https://www.visajourney.com/content/child:

Quote

A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18

The IR-2 process takes about 14 months. With the IR-2 process your then step-son will have green card status upon entry to the US with the IR-2 visa.

Edited by accumbyte

Share this post


Link to post
Share on other sites

You have a year to do follow to join on the K1. That should be option 1.

Option 2 is YOU file I-130 as USC for child if that year is up. 


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

 

Share this post


Link to post
Share on other sites
17 minutes ago, accumbyte said:

There is an alternate option #3. After she enters the US and you marry, you, not her, should file the I-130 petition to start the IR-2 process for your then step-son; https://www.visajourney.com/content/child:

The IR-2 process takes about 14 months. With the IR-2 process your then step-son will have green card status upon entry to the US with the IR-2 visa.

Ahh good idea! That will give us time to adjust from all the planning for the fiancee visa. Is that a safe route to go (good approval rate)? Thank you!

Just now, NikLR said:

You have a year to do follow to join on the K1. That should be option 1.

Option 2 is YOU file I-130 as USC for child if that year is up. 

Ok makes sense, thank you.

Share this post


Link to post
Share on other sites
5 minutes ago, NikLR said:

You have a year to do follow to join on the K1. That should be option 1.

So does OP inform NVC, at that stage, that the child's K-2 will be issued in the PH, not in Canada? What is the process?

Share this post


Link to post
Share on other sites
Posted (edited)
2 minutes ago, JFH said:

I assume the father is not on the birth certificate? 

Does not matter for Philippines law. Single mothers have full custody. USEM is very aware of this.

Edited by accumbyte

Share this post


Link to post
Share on other sites
33 minutes ago, accumbyte said:

Does not matter for Philippines law. Single mothers have full custody. USEM is very aware of this.

I was thinking the child was Canadian. OP said his fiancée is “from Canada”. Being “from Canada” is more than just living there. I know the child is living in the Philippines but with a mother “from Canada”, the child would be Canadian, would he not?


 

 

 

 

Share this post


Link to post
Share on other sites
3 minutes ago, JFH said:

I know the child is living in the Philippines but with a mother “from Canada”, the child would be Canadian, would he not?

Good point. But in a globalized world the "from" phrase is watered down. E.g. some people still describe 21 Savage as a rapper "from Atlanta" but he's actually from Newham in east London. Thus, OP should clarify.

1 hour ago, Usaph said:

She is from Canada and her child is in Philippines being raised by her parents.

  • Where was the child born?
  • Does the child have both Philippine and Canadian citizenships?

Share this post


Link to post
Share on other sites
4 hours ago, JFH said:

I was thinking the child was Canadian. OP said his fiancée is “from Canada”. Being “from Canada” is more than just living there. I know the child is living in the Philippines but with a mother “from Canada”, the child would be Canadian, would he not?

The title says "her Filipino Child" and initial post stated "herchild is in Philippines being raised by her parents". 

 

I could derived that the child is Filipino and grandparents are Filipino. I assumed mother is Filipino too but working/living in Canada. Although, there is no information if mother was able to acquire Canadian Citizenship.


Pinoy Ako! ^_^

Share this post


Link to post
Share on other sites
6 hours ago, accumbyte said:

So does OP inform NVC, at that stage, that the child's K-2 will be issued in the PH, not in Canada? What is the process?

NVC really doesnt do much for K1 so they're not the ones youd inform regardless.  She could inform the consulate but Im not particularly sure it matters where the K2 interviews? 


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

 

Share this post


Link to post
Share on other sites
10 hours ago, accumbyte said:

Very safe option as long as the child is not close to the age of ~21.

That's a great option for us then.

10 hours ago, JFH said:

I assume the father is not on the birth certificate? 

That is correct.

Share this post


Link to post
Share on other sites
9 hours ago, accumbyte said:

Good point. But in a globalized world the "from" phrase is watered down. E.g. some people still describe 21 Savage as a rapper "from Atlanta" but he's actually from Newham in east London. Thus, OP should clarify.

  • Where was the child born?
  • Does the child have both Philippine and Canadian citizenships?

Mother and child are both Filipino citizens. She does not have Canadian permanent residence yet and, since she'll be moving to US for marriage, will not be getting Canadian permanent residence.

Share this post


Link to post
Share on other sites
Posted (edited)
4 hours ago, SB5130 said:

The title says "her Filipino Child" and initial post stated "herchild is in Philippines being raised by her parents". 

 

I could derived that the child is Filipino and grandparents are Filipino. I assumed mother is Filipino too but working/living in Canada. Although, there is no information if mother was able to acquire Canadian Citizenship.

Your assumptions are correct :)

 

The child is young so no worries about the 21 year age.

 

Wow thanks everyone for the replies. Any more insight into our options are greatly appreciated!

Edited by Usaph

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×