New to the forum and immigration process

[Whippy]

Hello everyone,

My name is Steve. First of all, thank you for this resource and for all the helpful and friendly members! As I imagine most newbies do, let me tell my situation and innitial pressing questions...

I am a US citizen recently engaged to my girlfriend of about a year who is a citizen of South Africa. Our plans are to marry in South Africa later this year and for her and her two sons to immediately join me in the US if at all possible.

Her sons are 17 and 19 years old. If I have read things correctly, I can sponsor the 17 year old as my step-son, but will not be able to sponsor the 19 year old. Will it be possible for my fiancee to sponsor the 19 year old once we are married as her son so that he may join us immediately and if so, could someone direct me to some information to read about how to accomplish this or answer my question here? If it will not be possible for him to fly over with us, how long must we wait until she can sponsor him?

The 17 year old is going to need to have his biological father sign for his passport next month before he can leave the country. Since the father works and lives in The Congo, he is not often available to sign any necessary documents for the boys. Other than the passport, are there any other documents that you know of that he may need to sign next month so that it can all be taken care of at once?

What do you think the best course of action will be to ensure that at least my fiancee and the 17 year old will be able to join me in America immediately following the wedding? Is it possible to file the I-130 before we are married so that they may fly back with me, or do we need to look into some sort of travel visa for the son and spouse or fiancee visa for my wife to be? In short, what visas should be applied for and how soon can we apply for these visas?

What other forms will be required of us to ensure all runs smoothly? I have read that I-485 will also be necessary but see on the USCIS website that there are several supliments to this form...are all of these supliments also required? What forms will be required before my new wife will be able to work or attend school here in the United States?

I also do not fully understand what all these forms are for...is there a section of this website that describes the various forms?

Now for the tough question...generally speaking, how much in total can we expect to have to pay for the whole immigration process?

I am sure there will be more questions later, but as far as I can think of, these are the most pressing for now. Please forgive me if I missed some answers to my questions in the FAQs, I tried to go through them as best I could before posting.

Thank you very much and I look forward to learning from you here and sharing what I learn with others down the road.

 

[popple]

Hello

I am afraid I can not help with your questions; however, I just wanted to say hi and welcome to this forum. I am rather new to it myself, having found it only a couple of weeks ago.

Good luck with your wedding and your fiance and her sons immigration.

 

[NeShawn]

Hello

Hello Steve
What type of visa does wife have?

If wife is already in US, it would be better to marry her in the US and then she can stay in the US while filing. She should not leave the US Well at least till she get AP Advanced Parole.


Unfortunately, your situation is going to take a long time for the boys to come to US.


I am not sure about this but I don't think the boys can come right away. If you marry outside of the US, then you will have to file a different way than if she is in the US.



If wife is in the US, you file:

I-130
I-485
I-765 (Employment Authorization Document Form) - takes about 90 days to get it.
I-693 - Medical Exam ($100 -400)
I-864 - Affidavit of Support (your income must meet or pass federal poverty guideline
I-131 - Advanced Parole (allows wife to travel with application is pending) - only file if she has not been in an overstay situation in the US because if she leave she can be banned 3 or 10 years depending on length of overstay.

http://www.uscis.gov/portal/site/uscis

Now for the tough question...generally speaking, how much in total can we expect to have to pay for the whole immigration process?

You can do the process yourself. This website and other provide enough information. Also, if you read the forms instructions you should be able to do it without a lawyer.

 

[Whippy]

Hello popple and thank you for the nice welcome!

NeShawn, thank you very much for answering my questions. My fiancee is still in South Africa, as are her boys though we have spent time together in person on a couple of occaisions overseas. She does not have a visa so am wondering which type she should apply for. She is going to be contacing the US Embassy in SA so am hoping that we can get some answers from them but we will see.

We have recently decided that it may be best to marry in South Africa and then have me move back to the states alone for the rest of the family to follow along once all papers go through, as difficult as that will be emotionally. Of course if we discover a way for her/them to join me immediately, we will do that but are prepared to take other routes as necessary.

Once my wife is granted permanent residence, can she sponsor the 19 year old son to immigrate, or must she first be granted citizenship?

thanks again!

 

[NeShawn]

If you marry in South Africa and you come to US you will have to apply for a K-3 visa for her.

Try this website also:

Visajourney.com


Here is some other info:

K3 Visas (Spouse of U.S. Citizen):
The K3 visa category allows the spouses of U.S. citizens and their children to be admitted initially as nonimmigrants and adjust to immigrant status later while in the United States. A K3 visa may be issued to a foreign national who has concluded with a U.S. citizen once an immediate relative petition has been filed and the K3 petition approved by the United States Citizenship and Immigration Services (USCIS).

The K3 visa processing time varies with each individual's circumstances. Under normal circumstances, it takes around 90 to 120 days to process the K-3 visa.

 

[LucyMO]

Her sons are 17 and 19 years old. If I have read things correctly, I can sponsor the 17 year old as my step-son, but will not be able to sponsor the 19 year old.

that's correct. ONly if you marry before he turns 18.

Will it be possible for my fiancee to sponsor the 19 year old once we are married as her son so that he may join us immediately and if so, could someone direct me to some information to read about how to accomplish this or answer my question here?

no, that would not be possible. After your wife gets her GC, she can sponsor the oldest son. However, his immigration will take about 10 years based on her petition, or 6 years if she becomes a US citizen, but remains unmarried. Etc.

If it will not be possible for him to fly over with us, how long must we wait until she can sponsor him?

As soon as she gets her GC, she will be able to sponsor him.

What do you think the best course of action will be to ensure that at least my fiancee and the 17 year old will be able to join me in America immediately following the wedding?

they will not be able to join you immediately. Upon returning to the US, you will file I-130 for your wife and her child, and she will get her immigrant visa within a year. It would be faster to get her a fiance visa instead, but make sure the kid doesn't turn 18 by the time you get married. K-3 (spouse of USC) also takes several months.

Is it possible to file the I-130 before we are married

no

Fiance visa - K-1, the younger kid will come on K-2.

 

[NeShawn]

Here is some info on the internet.

It is important for the US Citizen to be informed and attentive to detail, because there are several opportunities to make mistakes and omissions which could result in unpleasant surprises. Immigrating to the United States via the K3/K4 is not such an automatic process as is experienced by the K1/K2.

Briefly, the K3/K4 process is as follows:

A. The US Citizen files an I-130 petition for the foreign spouse.
B. USCIS (INS) issues a receipt (I-797) acknowledging filing of the I-130 petition.
C. The US Citizen files an I-129F petition, using the I-797 receipt as "proof of filing an immigrant petition". All children of the foreign spouse will be listed on this petition. The I-129F is sent to a special Service Center in Chicago. At this point, the "track" of the K3/K4 process becomes similar to the current processing for K1/K2 fiance(e) visa.
D. When the petition is approved, it is sent to the NVC for processing and then the appropriate Consulate is notified and processing for the K3/K4 non-immigrant visa is begun, including medical, police check, I-134 affidavit of support, and Consular interview. The fee will be the same as the current K1 fiance(e) visa.
E. The K3 visa is issued to the spouse, the K4 to the minor children, they go to the United States.
F. The K3 spouse and K4 children file the I-485 for Adjustment of Status, either immediately or when the I-130 petition is approved. The new K visa will be issued for an effective period of 2 years, with multiple entries permitted, and provision to extend the visa beyond 2 years. The State Department has indicated that in K3/K4 cases, that the USCIS (INS) will retain the approved I-130 petition. This means if he K3/K4 visa holder wishes to obtain an immigrant visa at a Consulate, they need to notify that Consulate to begin the process, after which the Consulate will request the approved I-130 petition from the USCIS (INS). The USCIS (INS) seems to expect that most K3/K4 folks will apply for AOS from inside the United States, but due to long processing times at some local offices, it is very possible some folks will wish to opt for Consular processing after they arrive in the United States.
Note about the I-130 approval - In some cases the I-130 may be approved prior to the K-3 being processed. There are certain advantages if this happens such as receiving an Immigrant Visa instead of a K3. Please read the IR1/CR1 Guide if your I-130 is approved during the K3 Process to find out what you can do.


The K visa for spouses *may* provide a major benefit for older stepchildren. Until now, a US Citizen would file an I-130 for the foreign spouse, and separate I-130 petitions for each child or step-child. Stepchildren would only be eligible if the marriage took place before the stepchild's 18th birthday. The revised I-129F will automatically include all children under 21, with no separate petition required, removing a major disparity between current K1/K2 and spousal immigrant visa processes. However, Although a separate I-130 petition is not required for the children to obtain a K4 visa, an approved I-130 petition is required before they may be approved for Adjustment of Status to permanent resident. The I-130 petition still states the U.S. Citizen petitioner may not file for a stepchild, unless the marriage took place before the stepchild's 18th birthday. This detail must be addressed, in order to prevent an older stepchild from moving here on a K4 visa, yet being denied approval of the I-130 petition.
Although the K3/K4 visa may allow the spouse and children into the US faster, they may now undergo the Adjustment process in the US, rather than entering the US with Permanent Resident status. This means filing for Adjustment of Status and work authorization, and paying the fees associated with these applications. It may mean problems with non-resident tuition fees at colleges, and other minor and major headaches experienced by current fiance(e) visa holders, including the sometimes nerve-racking experience of getting an older child adjusted to Permanent Resident status before turning 21.

The "basis" for Adjustment is the same as for current K1/K2 visa holders, who cannot change status to anything except Permanent Resident based on marriage to the original US petitioner. In other words, the spousal K visa holder will still need to be married to the US Citizen spouse (who filed the I-129F) at the time of the Adjustment interview.

The new K visa procedures allow the US Citizen and foreign spouse to bypass long I-130 petition approval times, and visa/affidavit of support processing steps at the National Visa Center, but will not decrease the time required to process and issue the new K3/K4 visa at the US Consulate.

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[NeShawn]

Can the 21 year old come as a student?

You should use K-3 (Spouse visa)K-4 for youngest child or you can opt to use K-1 (Fiance visa) K-2 for youngest child.

 

[Whippy]

Thank you all, this info is a HUGE help!!!

The eldest son cannot come over as a student as he never finished high school (don't think high school would apply for student visa, but will read into that anyway...won't take long to find that out) ....perhaps this will be incentive for him to go back and get his diploma in the mean time. We had our doubts about his eligibilities, just had to be sure.

 

[Whippy]

Hi again everyone, I've been doing some reading and asking around and have come up with some info, some of which I'm sure about, some I am not and wonder if I could outline what I THINK would be the best process for us and ask you all if this sounds right?? I also have a couple questions if someone would not mind helping out a little, please.

The way I understand is that it is likely faster for us to be married in SA first and then file for Leslie's I-130 and K3 visa at the same time with the SA consulate immediately after the wedding via Direct Consulate Filing. This would also include the youngest son's I-130 at the same time as he will still be under 18 (his 18th birthday is in December thankfully) and whatever visa he will travel with?? ...still unsure what visa he will need

After we file, I will return to the states and wait on Leslie and yongest son's visas to get to them, then they can fly over together to join me??

As far as the 19 year old, I have been told that he may come over here as Leslie's son and my step son on a K4 visa but only until Leslie receives her green card, then he has to either go back to SA or must have secured employment over here or schooling that will sponsor him in order to stay on his own merit, is this right? Otherwise, he must stay in SA while Leslie sponsors him under her own PR status which could take years.

Could you please tell me if you think Direct Consular Filing would be the quickest route to go for Leslie and youngest son to come over together?

...any other thoughts on how we may get oldest boy to join us? Seems to me that Leslie and her youngest should be pretty straight forward, but that it may be necessary to leave the oldest boy behind. This has been discussed and IS an option, but obviously the preferred route would be for both sons to come over with their mother, even if it means the oldest boy having to wait longer. If the wait is a few months, I think that would even be ok, but waiting years seems

 

[LucyMO]

I wouldn't count on direct consular filing:

http://www.travel.state.gov/visa/immigrants/immigrants_1340.html

you have to a a resident in that country in order to do DCF.

As far as the 19 year old, I have been told that he may come over here as Leslie's son and my step son on a K4 visa but only until Leslie receives her green card, then he has to either go back to SA or must have secured employment over here or schooling that will sponsor him in order to stay on his own merit, is this right?

he can't possibly secure employment here with a legal status, since he doesn't even have a high school degree (a bachelor's is required).

Otherwise, he must stay in SA while Leslie sponsors him under her own PR status which could take years.

yes

If the wait is a few months, I think that would even be ok, but waiting years seems

as we already explained, the waiting period for the oldest will be 5+ years.

So, the only way for you may be to get married, come back to the US, file I-130 and wait for their immigrant visas.