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Denn

Need help with the k-3!!!!!!

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My mother in law lives in the Dominican Republic and my father in law lives here in New York. 

 

My father in law wants to start the process bringing her. But they have a 27 year old who is mentally challenged. He depends on my mother in law for everything. He has a mind of a 3 year old. 

 

Even though he is 27 can my father in law included him in the process?????

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5 minutes ago, Denn said:

My mother in law lives in the Dominican Republic and my father in law lives here in New York. 

 

My father in law wants to start the process bringing her. But they have a 27 year old who is mentally challenged. He depends on my mother in law for everything. He has a mind of a 3 year old. 

 

Even though he is 27 can my father in law included him in the process?????

Let's start by disclosing if your fil is a USC or permanent resident 


YMMV

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On what basis did he get his green card (from another spouse or via another source)?

 

He can petition for her fine. ETA: ~2 years

 

I'm assuming the son is her biological son and his stepson...if that's wrong, correct me.

He likely cannot petition for the son (they would need to have been married before he turned 16).

She can petition for the son after she gets a green card, but it will take several years at a minimum.

Honestly, it sounds like the best option would be for your father in law to immigrate to be with your mother in law and help take care of the child. There would be several years of separation with the child otherwise.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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They were married before he was born. My father in law is his biological father. 

 

My father in law has been living in states for almost 20 years. He was brought to the states by his father. 

 

The reason he didn’t do this process a long time ago is very complicated to even Explain.

 

so there’s no way they can include him? 

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1 minute ago, Denn said:

They were married before he was born. My father in law is his biological father. 

 

My father in law has been living in states for almost 20 years. He was brought to the states by his father. 

 

The reason he didn’t do this process a long time ago is very complicated to even Explain.

 

so there’s no way they can include him? 

He will need his own petition.

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Posted (edited)
7 minutes ago, Denn said:

They were married before he was born. My father in law is his biological father. 

 

My father in law has been living in states for almost 20 years. He was brought to the states by his father. 

 

The reason he didn’t do this process a long time ago is very complicated to even Explain.

 

so there’s no way they can include him? 

Gotcha. He can file a separate petition for his biological son but it will take ~5-6 years (assuming the current PDs were to remain unchanged) for him to be eligible for a visa. This is because he falls into the F2B category due to being age 21+.

There is no way for the son to immigrate through the father's petition for his wife. It will include years of separation if he went that route.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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14 hours ago, Denn said:

They were married before he was born. My father in law is his biological father. 

 

My father in law has been living in states for almost 20 years. He was brought to the states by his father. 

 

The reason he didn’t do this process a long time ago is very complicated to even Explain.

 

so there’s no way they can include him? 

Unfortunately, no. The son will need his own separate petition. We know this is not what you want to hear but we can only provide you with what is available. If you father was a US they would have more options.

 

Honestly, there are limited options for people to immigrate. You may have to discuss other scenarios. Is there any other family that could care for the son in the meantime?


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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*** Moved to "Bringing Family Members of Permanent Residents to America"

 

VJ Moderation


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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They also need to take into account the public charge issue.


“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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Since it is his biological son, have you FIL petition for him, and maybe in 3-4 years file for his wife.  The timing certainly would depend on the PDs staying somewhat stable, but it is possible they would both get their visas around the same time.


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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