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

[Usaph 18]

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?

[accumbyte 148]

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 March 30, 2019 by accumbyte

[NikLR 13,220]

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. 

[Usaph 18]

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.

[accumbyte 148]

1 minute ago, Usaph said:

Is that a safe route to go (good approval rate)?

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

[accumbyte 148]

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?

[JFH 12,189]

I assume the father is not on the birth certificate? 

[accumbyte 148]

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 March 30, 2019 by accumbyte

[JFH 12,189]

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?

[accumbyte 148]

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?

[SB5130 88]

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.

[NikLR 13,220]

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? 

[Usaph 18]

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.

[Usaph 18]

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.

[Usaph 18]

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 March 30, 2019 by Usaph