We need to bring by wife's children here now

[Dave & Gena 1]

My wife was brought here on a K-1 Visa but we could not afford  to bring her children with her originally. Now we have been married 3 years , has her permanent 10 year Green Card, she has a very good job and we want to bring her two boys (11 & 9) . I heard of a process called something like "follow to immigrate" for young children of K-1 beneficiaries. How does that work and what forms/documents do we need to process, and how long does it take?

Edited September 7, 2019 by Dave & Gena

[SalishSea 16,748]

The K-1 follow-to-join option is no longer available for you, as it has been too long.

 

You can petition them as your stepchildren using the I-130 form.

[Liam2021 551]

The easy way and less expensive : you will file two new  I-130  for your step-child.

[Loren Y 2,731]

I believe the " follow to immigrate" is only an option for about 12 months after she is issued her Visa. She should be able to apply for them and they can come over, but I'm not 100 percent on the forms( think it's a standard I-130). Another option is if you adopt them they can also follow. I have seen people say adoption is a faster way, but I haven't looked into it. I think it would be dependant on the country you would be adopting from with how easy or hard of a process it is.

Edited September 7, 2019 by Loren Y

[Going through 5,668]

The K2 "follow to join" is not possible since that opportunity for them to enter the US and wait out a visa was available only up to 1 year after the K1 was issued.

 

Your option now is a CR-2 visa for the children.  

[Boiler 43,401]

Just now, Jorgedig said:

The K-1 follow-to-join option is no longer available for you, as it has been too long.

 

You can petition them as your stepchildren using the I-130 form.

Now in in immigration speak is a year or so.

[HRQX 4,145]

37 minutes ago, Loren Y said:

Another option is if you adopt them they can also follow.

Adoption isn't necessary: https://www.visajourney.com/content/child/ "A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18" The USC should file 2 I-130 petitions to start the IR-2 process.

Edited September 7, 2019 by HRQX

[JFH 12,189]

*~*~*moved from “bringing family members of LPRs” to “bringing family members of USCs”*~*~*

 

OP, I have moved the thread to “bringing family members of USCs” as it will actually be quicker if you file as their step-father than if their mother files for them as she is still an LPR. Expect it to take around 14 months. Start with the I-130 (one for each child) and 2 x $535 filing fees. 

Edited September 7, 2019 by JFH

[Loren Y 2,731]

1 hour ago, HRQX said:

Adoption isn't necessary: https://www.visajourney.com/content/child/ "A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18" The USC should file 2 I-130 petitions to start the IR-2 process.

Thanks for the info. Maybe I had read where the children were over 18 that adoption was a faster route, good to know under 18 when marriage took place, just an I-130.

[Boiler 43,401]

7 minutes ago, Loren Y said:

Thanks for the info. Maybe I had read where the children were over 18 that adoption was a faster route, good to know under 18 when marriage took place, just an I-130.

That would not work.

[mniceguy16 184]

2 hours ago, Going through said:

The K2 "follow to join" is not possible since that opportunity for them to enter the US and wait out a visa was available only up to 1 year after the K1 was issued.

 

Your option now is a CR-2 visa for the children.  

Ir2 because she has a 10yr gc now.

[aaron2020 11,651]

1 hour ago, mniceguy16 said:

Ir2 because she has a 10yr gc now.

No.  IR2 because the K-2 can not be pursued. 

[designguy 1,179]

Has the father agreed to the children moving to the United States? 

[Going through 5,668]

44 minutes ago, designguy said:

Has the father agreed to the children moving to the United States? 

With the Philippines, no consent is needed if the parents were not married as the mother retains sole legal custody.

[designguy 1,179]

19 minutes ago, Going through said:

With the Philippines, no consent is needed if the parents were not married as the mother retains sole legal custody.

Didn’t know that but wouldn’t the father have some custody currently? As the OPs wife has been married and in the US for 3 years who had custody of the children during this time?

 

Edit: do we know OPs wife was not married to the children’s father?

Edited September 8, 2019 by designguy