F1 or F2A family-based visa

[JJVJ0001 0]

Background:

 

I am a US citizen and I've previously petitioned for my spouse to immigrate on a K1 visa.  They brought their child with them on a K2.  Both spouse and child have adjusted status and are conditional LPRs.  They are in the process of lifting conditions.

 

My spouse has another child in their home country that did not immigrate due to living with the other biological parent.  We recently found out that the child is currently in foster care and wish to pursue bringing them to the US.

 

From my research, our options are a F1 visa (if the US citizen (me) sponsors the petition, this is a stepchild relationship) or a F2A visa if the spouse LPR sponsors the visa.

 

Is my research correct and which visa, if both are available options to us, is the faster option for bringing the child to the US.

 

Is there a faster option to legally bring the child into the US? Our highest priority right now is the child's safety.

 

 

[appleblossom 4,913]

14 minutes ago, JJVJ0001 said:

Background:

 

I am a US citizen and I've previously petitioned for my spouse to immigrate on a K1 visa.  They brought their child with them on a K2.  Both spouse and child have adjusted status and are conditional LPRs.  They are in the process of lifting conditions.

 

My spouse has another child in their home country that did not immigrate due to living with the other biological parent.  We recently found out that the child is currently in foster care and wish to pursue bringing them to the US.

 

From my research, our options are a F1 visa (if the US citizen (me) sponsors the petition, this is a stepchild relationship) or a F2A visa if the spouse LPR sponsors the visa.

 

Is my research correct and which visa, if both are available options to us, is the faster option for bringing the child to the US.

 

Is there a faster option to legally bring the child into the US? Our highest priority right now is the child's safety.

 

 

 

How old is the child, and how old was s/he when you married?

[JJVJ0001 0]

1 minute ago, appleblossom said:

 

How old is the child, and how old was s/he when you married?

 

The child is currently 12 and was 9 when my spouse and I got married.

[appleblossom 4,913]

3 minutes ago, JJVJ0001 said:

 

The child is currently 12 and was 9 when my spouse and I got married.

 

Then you should petition him/her, but it will be a IR2 visa rather than F1 (as you married before his/her 18th birthday). That's the fastest option as s/he will be an immediate relative so there's no wait for a visa to become available. 

 

Follow the steps here - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

 

Good luck. 

 

 

Edited 4 hours ago by appleblossom

[Boiler 47,946]

No harm trying for an expedite.

[JJVJ0001 0]

2 hours ago, appleblossom said:

 

Then you should petition him/her, but it will be a IR2 visa rather than F1 (as you married before his/her 18th birthday). That's the fastest option as s/he will be an immediate relative so there's no wait for a visa to become available. 

 

Follow the steps here - https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

 

Good luck. 

 

 

Unfortunately, I dont meet the requirements of the IR2 visa. The child is not a biological child of mine.

 

I have also not lived with the child for 2 years abroad.

[Boiler 47,946]

1 minute ago, JJVJ0001 said:

Unfortunately, I dont meet the requirements of the IR2 visa. The child is not a biological child of mine.

 

I have also not lived with the child for 2 years abroad.

You married the biological parent

[appleblossom 4,913]

20 minutes ago, JJVJ0001 said:

Unfortunately, I dont meet the requirements of the IR2 visa. The child is not a biological child of mine.

 

I have also not lived with the child for 2 years abroad.

 

Neither of those things are relevant. 

 

You married his/her parent before the age of 18, so you are deemed the parent for immigration purposes and can petition him/her under IR2. https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-8