We filed our I-129F for her K1 visa. She is from Canada and her child is in Philippines being raised by her parents. We originally planned on bringing her son over in 2 or 3 years after marriage. Is that unrealistic?
1. Bring her child with K2 visa within one year. When does the countdown start and end?
2. I-130, but is it approximately 4 years waiting time, on top of her 2 years to wait for permanent residence?
The IR-2 process takes about 14 months. With the IR-2 process your then step-son will have green card status upon entry to the US with the IR-2 visa.
You have a year to do follow to join on the K1. That should be option 1.
Option 2 is YOU file I-130 as USC for child if that year is up.
Ahh good idea! That will give us time to adjust from all the planning for the fiancee visa. Is that a safe route to go (good approval rate)? Thank you!
Ok makes sense, thank you.
Is that a safe route to go (good approval rate)?
Very safe option as long as the child is not close to the age of ~21.
So does OP inform NVC, at that stage, that the child's K-2 will be issued in the PH, not in Canada? What is the process?
I assume the father is not on the birth certificate?
Does not matter for Philippines law. Single mothers have full custody. USEM is very aware of this.
I was thinking the child was Canadian. OP said his fiancée is “from Canada”. Being “from Canada” is more than just living there. I know the child is living in the Philippines but with a mother “from Canada”, the child would be Canadian, would he not?
I know the child is living in the Philippines but with a mother “from Canada”, the child would be Canadian, would he not?
Good point. But in a globalized world the "from" phrase is watered down. E.g. some people still describe 21 Savage as a rapper "from Atlanta" but he's actually from Newham in east London. Thus, OP should clarify.
She is from Canada and her child is in Philippines being raised by her parents.
Does the child have both Philippine and Canadian citizenships?
I could derived that the child is Filipino and grandparents are Filipino. I assumed mother is Filipino too but working/living in Canada. Although, there is no information if mother was able to acquire Canadian Citizenship.
NVC really doesnt do much for K1 so they're not the ones youd inform regardless. She could inform the consulate but Im not particularly sure it matters where the K2 interviews?
That's a great option for us then.
Mother and child are both Filipino citizens. She does not have Canadian permanent residence yet and, since she'll be moving to US for marriage, will not be getting Canadian permanent residence.
The child is young so no worries about the 21 year age.
Wow thanks everyone for the replies. Any more insight into our options are greatly appreciated!