I-130 or Follow for Daughter?

[bosco]

We have decided to bring Ling's daughter here sooner than originally planned. Her daughter was included in the original I-129F and was eligible to join Ling at the interview as a K2 but we changed her status to a follow. So now we must decide whether to contact Guangzhou and request an interview date or file an I-130.

 

My understanding it that if we request an interview for her K2 we will still need to file an AOS for her when she arrives. If we file an I-130 the AOS will not be necessary.

 

We had an attorney for the K1 but will do the rest ourselves. We did meet with him and he recommended the I-130 route as taking about the same amount of time as would be needed to activate the K2 and would cost much less as the green card, etc. is provided with the completed I-130 application.

 

Am I understanding this correctly? Close?

 

Thoughts? Experiences?

[Randy W]

Ah - no. You may file the I-130 for your step daughter as long as you get married before she becomes 18. I don't know what the time frame is, but I'm sure it's much longer. Your wife may file the I-130 for her daughter as soon as she gets her green card, but the wait here is currently 10 years (edit: that's if she is over 21 - I don't know what the wait is if under 21). If your wife gets her citizenship in the meantime, that can shave a couple of years off the wait.

 

Our K-2 follow to join was activated in late summer, then when we told them we would be in China in a week and a half and would like to schedule his interview for that time, they did.

 

He got his visa, and arrived a couple of months later.

 

My advice is to email GUZ with a time frame that you would like her interview (and a good reason for that time frame).

 

Another edit: The under 21 wait time is 6 years http://travel.state.gov/visa/frvi/bulletin...letin_3219.html

Edited April 22, 2007 by Randy W (see edit history)

[tywy_99]

You can still get the K2 for your SO's daughter just as long as it is within a year of the K1 issuance and it won't cost you a thing.

Remember Clare's dilemma with the K4?

[bosco]

Ah - no. You may file the I-130 for your step daughter as long as you get married before she becomes 18. I don't know what the time frame is, but I'm sure it's much longer. Your wife may file the I-130 for her daughter as soon as she gets her green card, but the wait here is currently 10 years (edit: that's if she is over 21 - I don't know what the wait is if under 21). If your wife gets her citizenship in the meantime, that can shave a couple of years off the wait.

 

Our K-2 follow to join was activated in late summer, then when we told them we would be in China in a week and a half and would like to schedule his interview for that time, they did.

 

He got his visa, and arrived a couple of months later.

 

My advice is to email GUZ with a time frame that you would like her interview (and a good reason for that time frame).

 

Another edit: The under 21 wait time is 6 years http://travel.state.gov/visa/frvi/bulletin...letin_3219.html

 

Ling's daughter is 15. We are now married here in the U.S. so the daughter is now legally my step-daughter and I can file an I-130 to bring her here. My atty said such I-130 are processed pretty quickly.

[bosco]

You can still get the K2 for your SO's daughter just as long as it is within a year of the K1 issuance and it won't cost you a thing.

Remember Clare's dilemma with the K4?

 

 

I understand the K2 won't cost any extra. It is the cost of all of the AOS stuff that comes after she's here that the atty said would be avoided with an I-130.

[hakkamike]

I would file for the K2 also.

[Randy W]

I'm almost certain you're talking about a big difference in processing time, with the K-2 much quicker. Maybe someone can tell you how much.

 

The I-130 is $190, vs. $395 for the I-485.

 

Whichever way works better for you, good luck!

[bosco]

I'm almost certain you're talking about a big difference in processing time, with the K-2 much quicker. Maybe someone can tell you how much.

 

The I-130 is $190, vs. $395 for the I-485.

 

Whichever way works better for you, good luck!

 

I thought there would be a huge difference in timelines as well but I'd like to hear from someone who'd done it that way rather than rely on assumptions.

 

I wasn't just referring to the I-485 filing fee but all of the fees associated with filing and completing the AOS.

[tywy_99]

You can still get the K2 for your SO's daughter just as long as it is within a year of the K1 issuance and it won't cost you a thing.

Remember Clare's dilemma with the K4?

 

 

I understand the K2 won't cost any extra. It is the cost of all of the AOS stuff that comes after she's here that the atty said would be avoided with an I-130.

That's true but I would be a little leary of the I-130. It's possible that it could take a considerable amount of time as opposed to the K2.

Alot of time would be involved depending on whether she has a common Chinese name or not.

Here is where you need to weigh your options in what is more important to you; time or money.

Being that you, an USC, will file the petition, it would go much quicker but who knows what will happen next.

If you file the I-130 on the child, I would say 10 months, and that's a conservative guess. I'm probably wrong. Let's hope so.

The K2 will be much faster. I can't guess on that one, however.

It's up to you and your wife, Curt. Which ever way you choose, I wish you good luck.

[Randy W]

I'm almost certain you're talking about a big difference in processing time, with the K-2 much quicker. Maybe someone can tell you how much.

 

The I-130 is $190, vs. $395 for the I-485.

 

Whichever way works better for you, good luck!

 

I thought there would be a huge difference in timelines as well but I'd like to hear from someone who'd done it that way rather than rely on assumptions.

 

I wasn't just referring to the I-485 filing fee but all of the fees associated with filing and completing the AOS.

 

 

Good luck, anyway!

[LeeFisher3]

I'm almost certain you're talking about a big difference in processing time, with the K-2 much quicker. Maybe someone can tell you how much.

 

The I-130 is $190, vs. $395 for the I-485.

 

Whichever way works better for you, good luck!

 

I thought there would be a huge difference in timelines as well but I'd like to hear from someone who'd done it that way rather than rely on assumptions.

 

I wasn't just referring to the I-485 filing fee but all of the fees associated with filing and completing the AOS.

Your attorney doesn't have a clue concerning the follow to join situation and it sounds like much less about the I-130 wait times.

 

The K-2 interview can happen as quickly as 3 months from start to finish, I have not recently heard of an I-130 getting out of CSC in less than 6 months, much less the time involved in shipping to GZ and waiting 3-6 months for an interview.

 

You will want to file for AP for your wife along with your AOS, your daughter is too young to attend the interview alone and mom is the only one who can be admitted with her easily.

 

 

PS - I'd forget about trying to save money going one way or the other and consider your wife being apart from her daughter for an extra 9 months or more. Another thing to remember is that flights to China next summer will be at premium pricing considering the Olympics so any money saved on the visa at this time will be minor compared to the airline ticket difference.

Edited April 22, 2007 by LeeFisher3 (see edit history)

[bosco]

I'm almost certain you're talking about a big difference in processing time, with the K-2 much quicker. Maybe someone can tell you how much.

 

The I-130 is $190, vs. $395 for the I-485.

 

Whichever way works better for you, good luck!

 

I thought there would be a huge difference in timelines as well but I'd like to hear from someone who'd done it that way rather than rely on assumptions.

 

I wasn't just referring to the I-485 filing fee but all of the fees associated with filing and completing the AOS.

Your attorney doesn't have a clue concerning the follow to join situation and it sounds like much less about the I-130 wait times.

 

The K-2 interview can happen as quickly as 3 months from start to finish, I have not recently heard of an I-130 getting out of CSC in less than 6 months, much less the time involved in shipping to GZ and waiting 3-6 months for an interview.

 

You will want to file for AP for your wife along with your AOS, your daughter is too young to attend the interview alone and mom is the only one who can be admitted with her easily.

 

 

PS - I'd forget about trying to save money going one way or the other and consider your wife being apart from her daughter for an extra 9 months or more. Another thing to remember is that flights to China next summer will be at premium pricing considering the Olympics so any money saved on the visa at this time will be minor compared to the airline ticket difference.

 

 

Yes, if time were indeed the problem it appears, then the money is not an issue.