Jenn3125

So when my step son naturalizes he cannot file a petition on her behalf until he is an adult? I know I cannot file for her.

Thanks.

Hello all,

I am in the process of requesting a CR1 for my husband and a CR2 for his son, my step son. I am wondering how it would be possible to being the boy's mom to the U.S. For numerous reasons we would like him to be in the states but we would also like him to be able to have a relaitonship with his birth mom. What would be the steps we would need to take to bring his birth mother to the states?

Thank you for your help.

I was just thinking about the Affidavit of Support. I assume a three year old would be counted as a household member and therefore we would need to make sure that our support is high enough for both my husband and stepson, correct? Just wanted to verify there are no provisions for a child or something to that effect.

Yes the child counts as one whole person.

Thank you.

I was just thinking about the Affidavit of Support. I assume a three year old would be counted as a household member and therefore we would need to make sure that our support is high enough for both my husband and stepson, correct? Just wanted to verify there are no provisions for a child or something to that effect.

Thank you guys,

Does anyone have any idea if there are special laws concerning the fact that my husband is the father and not the mother (obviously) but I mean I know that sometimes there are rules about a father having to prove paternity or anything like that. Also would we need anything from his birth mother. We are on good terms so that wouldn't be a problem if we did.

Couple more questions although I feel like I abuse this forum because I have only questions and no answers to offer anyone. Hopefully someday I can reciprocate all the help I receive here. It seems like the K-4 route is definitely the way to go here, this is a huge benefit but I do wish I had filed that I-130 at the beginning. Anyway we had originally thought not to bring him with us now because we will be moving when we get to the states and when we first arrive doing a bit of traveling so to spare him from that we thought to wait 6 months. So in that case I guess my question would be if for some reason the three of us (myself, husband, and child's birth mother) decide to keep to the original plan to wait then:

- the k-4 would remain "good" for 6 months, right?

- what would be required if we sent the I-130 in now... we might get an NOA2 in 4-5 months and then he would need to have a medical (maybe we could get that now?) but probably no interview, right? He could receive the visa and we can go back to pick him up in say 8 months.

Thanks again for all your help.

pushbrk,

Thank you so much for your clarification. I am so excited by this news.

All Vjer's

I spoke with my husband and the way we understand it is that we have two options to continue with his I-130 and file one for our son which would invariably take sometime to be approved and i assume there is no way they would rush it through. Or to continue with the K-3 and the derivative K-4 and file an I-130 in the meantime so that it is approved before AOS for both of them.

The benefits of going the CR-1/CR-2 is no adjustment of status, less paperwork, less money. The drawbacks being that the process would be at two different stages and our son would have to go through the process later. I suppose I don't understand what that might all involve. I assume they still do a medical but police reports? And interview for a three year old?

The benefits of the K-3 being that we already unbeknownst to ourselves did the paperwork and the process could proceed simultaneously. So I assume we could do the medical and everything at the same time as well as the interview (would that be a correct assumption). The drawback being that we would have to do the AOS which is again more paperwork and more money.

Have the above been generally true? Anyone have experience with each of these, any other benefits and drawbacks I am totally missing?

Thank you for your endless help to everyone here.

Just to follow up on our I-130, question D.1 If separate petitions are also being submitted for other relatives, give names of each and relationship. I answered none, does that make a difference?

Thanks again

Hello dear VJ'ers,

Thanks so much for all the help you give and for all the people who have been through the process but still continue to check here and give advice to bring other people through.

I just received approval on our I-129 and i-130 for my husband. Between the time that we applied and the time that we were approved we have decided that we will be bringing my husbands son, my step-son with us... well his mom finally agreed that we could we have wanted to since forever.

So I was reading trying to figure out what to do and how to go about adding on my step son to my husband's petition and I got kind of confused. I keep reading that because it is a derivative status he is automatically included and that we don't need to file a I-130 until the AOS... is that true I didn't need to have done anything and when my husband gets his K-3 or CR-1 our son will also automatically get a visa... this doesn't seem possible that it could be that easy so I am sure I am misunderstanding it all.

So at this point we just received both NOA2's for the K-3 what or how should I proceed with my step son's visa (he is only 4 years old so not close to 18). Does it make a difference if we end up getting the CR1 or the K3?

Thanks for all your help in advance.

I am a USC but I have only been in and out of the US for the past 8 years. Every time I come back I just go to my State Farm and they have a temporary insurance that is available through Time Life. I believe that Farmer's has something similar. It is usually pretty resonable and you specify the day you want it to begin and end, it takes an entire 20 minutes to sign up. You should be able to do the same thing for your fiance.

Hopefully that helps and you are able to find something.

Thanks, that is a relief.

Is it necesary for the petioner to be in the US, at all, during the time of filing?

Thanks.

Thank you both. I will warn him (when we FINALLY.... it seems like such a long and grulesome process, I suppose I am feeling discouraged...) reach that point. He has been learning English to be able to speak with my family and can hold a basic conversation but not more than that.

Does anyone know about finaces and being a student? I assume there has to be someone else in my shoes. I am the USC and I am a full time student so althought I don't work I bring in more than enough per year in student loans. Does that "count" or do I need to have someone cosign?

If someone cosigns does that mean they have to be making more than 125% above the poverty line for my household PLUS thiers?

Thanks!

Perhaps a dumb question, I am still very new to this. The interview is done in which language? My fiance doesn't speak English, we communicate in Thai. Is this a problem for the interview? I think I have heard it becomes a problem for the Greencard, right?

Thanks in advance

1) Clear the former divorce. He needs to have it legally cleared with paperwork and have his ex sign and everything in place. There really is no sort of. If he was married in Thailand, have him clear the marriage in Thailand before proceeding with anything. He doesn't need to be in Thailand, but if he lived there it won't hurt to have a recent police report.

2) If you have any sort of ceremony overseas it may complicate things. If it is a legal procedure and you are married, then the K1 is out of the question.

3) You can marry overseas and apply for a K3, but this is sometimes a bit longer in processing and waiting from what I have seen.

4) If I were in that situation I would have him clear the old marriage and get papers. As soon as that happens, apply for a K1 fiancee visa. Travel out for a ceremony in Israel or wherever, but make sure it is not a legal process and you are not married and then come back and wait for the K1 to clear and get legally married in the US.

Thanks so much for the advice.

1) The sort of is that the marriage there in Thailand was never registered correctly. Do you know is it possible to clear the divorce without being in Thailand? What is the procedure for getting the police reports (he has lived in two countries, Israel and Thailand).

Thanks also for this advice, it is helpful.

Jennifer

Hello. I am new to this forum and have read many posts and appreciate the experience of many who post here. I hope that perhaps you can help me as well.

So... my story is slightly complicated but I will try to be clear. I am the American, and my fiance is Thai. We met in Israel where he works and I study. We are planning a ceremony in Israel in May 08 (it is unclear to us if we should make it legal or not at that point). After the wedding we were hoping to go to the US. Obviously he will need a visa and here is where it gets more complicated... What type of visa to apply for spouse or fiance? And is it possible to get a visa with him being in Israel and me in and out of the US and Israel? Does he have to be in Thailand? Also is it a problem that he doesn't speak English (I am fluent in Thai and we both speak Hebrew so... we have never needed English)?

The next problem is where I am the most confused. He was previously married (sort of - those who are familiar with Thailand probably know the informality of registering at the Ampue) and the divorce (after she cheated) was agreed on by the family but never registered. He has been in Israel for 2 years but the fact that divorce was not registered is, I assume, a problem. Are there any solutions to this? Does the US actually check to see if the person was/is married? Thailand allows for divorce if either party has cheated, since this is the case and he has been out of the country for 2 years is it possible to... I don't get a divorce deree without him returning to Thailand? Or perhaps regaurdless of the divroce we have to go to Thailand for the police checks, and interview and things? Like I said complicated and confusing, I have many questions.

From what I understand (but am very much hoping I am wrong) is that we will have to, after the ceremony (perhaps non-official, any advice on that?) , return to Thailand and only THEN start the process (ie we will be stuck 9+ months before being able to return to the US).

As I said the story is complicated... I know. We have been together a more than a year and we are hoping to be married and I need to be back to the US for my job I cannot just wander around Thailand and Israel for a year.

I hope that someone can provide some of the answers to some of the questions I have or perhaps have a source for me to look at. I appreciate any advice. Thanks so much.

Jennifer