Petition for Wife's Son

[Corey&Xu]

I am currently working my way through the paperwork for my wife's AOS.

The question I have is can i petition (I-130)now also to bring her son here? He is 16 years old and we waited so he could finish this school year in China and then come over.

Can we file the petition now?

How long does it usually take?

What are the concerns that could possibly delay a visa for him?

Does his Mom have to be with him for his interview?

 

Any information of feedback would be helpful.

 

thanks,

[Randy W]

I am currently working my way through the paperwork for my wife's AOS.

The question I have is can i petition (I-130)now also to bring her son here? He is 16 years old and we waited so he could finish this school year in China and then come over.

Can we file the petition now?

How long does it usually take?

What are the concerns that could possibly delay a visa for him?

Does his Mom have to be with him for his interview?

 

Any information of feedback would be helpful.

 

thanks,

 

 

You may file for him as your own son (child of an American citizen.

 

About 9 months to a year.

 

We have seen kids turned down because their parent wasn't there, and even one because the VO THOUGHT his parent's weren't there (they had been denied entry by the consulate guards)

Edited October 9, 2008 by Randy W (see edit history)

[LeeFisher3]

Your wife just got her visa and you are doing AOS, for your wife who arrived on a K-1 visa.

 

Don't file an I-130 for him as it takes toooooo long and you only to activate the follow-to-join status for him as a K-2. This can be done in as little as 2-4 months.

 

Be sure you file for AP for your wife, you need her to be in GZ for the interview and if you can go as well it doesn't hurt. She will also need to take with her evidence of relationship with you since arriving in the US, a few people have been hung up on this one and received a blue slip with a few month delay. Also, if you don't have AP when the interview date is set it is possible to reschedule the interview.

 

You need to send a cover letter to GZ asking them to activate the follow to join status of your child. I recommend completing the entire set of P-3 documentation to save you a month or so in the mail and processing. We did this and when they entered it into the computer he was listed as awaiting interview date scheduling. As your son is a bit older there may be a name check involved, but this is the fastest way to get it moving.

United States Consulate Guangzhou

Immigrant Visa Unit

No. 1 Shamian Street South

Guangzhou, 510133 PRC

 

<Date>

 

<your name>

<wife name>

<address>

<city, state zip>

 

 

To Whom It May Concern:

 

At this time we wish to request that the Immigrant Visa Unit begin processing the K-2 visa for our son <son¡¯s name>, so that he may join us in the United States.

 

We are providing the following information to assist is locating the files:

 

Principal Applicant name: <wife name>

Case number: GUZ##########

Date of birth: <wife Date of birth>

 

As the child is currently living with his grandparents and for the accuracy of the information needed to process this application we have enclosed the following to assist in expediting the case, as the packet sent to the Grandparents would be forwarded to the US for completion and return to the consulate:

 

Copy of Original Packet 4 appointment letter

DS-230 Part 1, Application for Immigrant Visa and Alien Registration

Packet 3 Supplemental Information Sheet

OF-169 English version

OF-169 Chinese version

DS-134, Affidavit of Support

Including: Sponsor¡¯s 2006 Tax Return

Sponsor¡¯s Employment Letter

Photocopy of <wife name> passport and K-1 visa

Photocopy of I-797C, Receipt for Adjustment of Status

 

 

While we realize the scheduling of appointments for interview is to be determined at a later date we ask your consideration in assigning an appointment date. I am sure you understand the difficulties that can arise in arranging time away from work on short notice. If possible we would like the appointment date set 6 weeks after the issuance of Packet 4 to allow us time to arrange travel from the US to China so we may bring our son to the interview.

 

 

Sincerely,

 

 

 

<your name>

Edited October 9, 2008 by LeeFisher3 (see edit history)

[Corey&Xu]

Randy & Lee,

Thanks for you replies.

Lee- I think the K-2 Follow to join is the way for us to go. I was looking at your timeline and noticed it was a number of months from your wife's visa until you filed the follow to join K-2.

 

Is there a time limit to file this way?

Did you reschedule your interview because of waiting for AP?

What will I need to have from her son's father if anything to allow him to come here?

 

Thanks again,

 

Your wife just got her visa and you are doing AOS, for your wife who arrived on a K-1 visa.

 

Don't file an I-130 for him as it takes toooooo long and you only to activate the follow-to-join status for him as a K-2. This can be done in as little as 2-4 months.

 

Be sure you file for AP for your wife, you need her to be in GZ for the interview and if you can go as well it doesn't hurt. She will also need to take with her evidence of relationship with you since arriving in the US, a few people have been hung up on this one and received a blue slip with a few month delay. Also, if you don't have AP when the interview date is set it is possible to reschedule the interview.

 

You need to send a cover letter to GZ asking them to activate the follow to join status of your child. I recommend completing the entire set of P-3 documentation to save you a month or so in the mail and processing. We did this and when they entered it into the computer he was listed as awaiting interview date scheduling. As your son is a bit older there may be a name check involved, but this is the fastest way to get it moving.

United States Consulate Guangzhou

Immigrant Visa Unit

No. 1 Shamian Street South

Guangzhou, 510133 PRC

 

<Date>

 

<your name>

<wife name>

<address>

<city, state zip>

 

 

To Whom It May Concern:

 

At this time we wish to request that the Immigrant Visa Unit begin processing the K-2 visa for our son <son¡¯s name>, so that he may join us in the United States.

 

We are providing the following information to assist is locating the files:

 

Principal Applicant name: <wife name>

Case number: GUZ##########

Date of birth: <wife Date of birth>

 

As the child is currently living with his grandparents and for the accuracy of the information needed to process this application we have enclosed the following to assist in expediting the case, as the packet sent to the Grandparents would be forwarded to the US for completion and return to the consulate:

 

Copy of Original Packet 4 appointment letter

DS-230 Part 1, Application for Immigrant Visa and Alien Registration

Packet 3 Supplemental Information Sheet

OF-169 English version

OF-169 Chinese version

DS-134, Affidavit of Support

Including: Sponsor¡¯s 2006 Tax Return

Sponsor¡¯s Employment Letter

Photocopy of <wife name> passport and K-1 visa

Photocopy of I-797C, Receipt for Adjustment of Status

 

 

While we realize the scheduling of appointments for interview is to be determined at a later date we ask your consideration in assigning an appointment date. I am sure you understand the difficulties that can arise in arranging time away from work on short notice. If possible we would like the appointment date set 6 weeks after the issuance of Packet 4 to allow us time to arrange travel from the US to China so we may bring our son to the interview.

 

 

Sincerely,

 

 

 

<your name>

[dnoblett]

Randy & Lee,

Thanks for you replies.

Lee- I think the K-2 Follow to join is the way for us to go. I was looking at your timeline and noticed it was a number of months from your wife's visa until you filed the follow to join K-2.

 

Is there a time limit to file this way?

Did you reschedule your interview because of waiting for AP?

What will I need to have from her son's father if anything to allow him to come here?

 

Thanks again,

 

K-2 needs to be issued within 1 year after the K-1 to FTJ, so I would not wait longer than 6 months or so after the K-1 was issued to start the K-2 FTJ process.

[Corey&Xu]

Thanks Don,

We will file it fairly quickly so we can get him here next summer.

 

K-2 needs to be issued within 1 year after the K-1 to FTJ, so I would not wait longer than 6 months or so after the K-1 was issued to start the K-2 FTJ process.

[Randy W]

Thanks Don,

We will file it fairly quickly so we can get him here next summer.

 

K-2 needs to be issued within 1 year after the K-1 to FTJ, so I would not wait longer than 6 months or so after the K-1 was issued to start the K-2 FTJ process.

 

 

If he was named in your wife's visa application, there is nothing to file! Simply notify GUZ to activate his file. The best way to do this is to notify them by mail, and include the necessary P3 documents.

 

Time will not be a constraint here - after they have received your P3 information, let them know a time frame when you can be there for the interview.

Edited October 11, 2008 by Randy W (see edit history)