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Dave & Gena

We need to bring by wife's children here now

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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?

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Edited by Dave & Gena

Ang mabait na tao ay maraming kaibigan.

( Tagalog for: "A good man has many friends" )

Babalik Ako! (The immortal words of Gen. MacArthur.... "I SHALL return!")

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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.

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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 by Loren Y

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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.  


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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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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 by HRQX

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*~*~*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 by JFH

 

 

 

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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.

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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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.

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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.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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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 by designguy

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