Filing for step-child

[myjamwifey 2]

VJ Family,

I need to know what is the best route to do for my step child, K4 or I130. If I file the I130 petition, can I send for my step child with the k4 visa to get her here while the process continues. What route to take, please. I have read some where that the K3 visa is any longer accepted after Feb 2010.

[payxibka 10,045]

VJ Family,

I need to know what is the best route to do for my step child, K4 or I130. If I file the I130 petition, can I send for my step child with the k4 visa to get her here while the process continues. What route to take, please. I have read some where that the K3 visa is any longer accepted after Feb 2010.

For a K-4:

You cannot get a K-4 without the parent spouse receiving a K-3

An I-130 alone does not result in any "K" visa for either spouse or stepchild

Even if the child arrives on a K-4, you will need an I-130 for the child eventually in order for them to receive a greencard (adjustment of status)

Since the K-3 is essentially obsolete, so then is the K-4

[myjamwifey 2]

For a K-4:

You cannot get a K-4 without the parent spouse receiving a K-3

An I-130 alone does not result in any "K" visa for either spouse or stepchild

Even if the child arrives on a K-4, you will need an I-130 for the child eventually in order for them to receive a greencard (adjustment of status)

Since the K-3 is essentially obsolete, so then is the K-4

If I file the I130 petition first and upon approval, can I get step child here any sooner until the process completes. Do I have to wait til 8 to 9 months for the process to finishes, for I just wanted the step child to be here with us (parents) while the process continues.

[payxibka 10,045]

If I file the I130 petition first and upon approval, can I get step child here any sooner until the process completes. Do I have to wait til 8 to 9 months for the process to finishes, for I just wanted the step child to be here with us (parents) while the process continues.

Not unless you are able to secure another visa type (tourist?)

Edited March 12, 2010 by payxibka

[myra 0]

If I file the I130 petition first and upon approval, can I get step child here any sooner until the process completes. Do I have to wait til 8 to 9 months for the process to finishes, for I just wanted the step child to be here with us (parents) while the process continues.

I don't think you can do a K-4 anymore. My K-3 was closed and they are only processing the I-130, if they hadn't closed it I too would be waiting for K4 visa for step-children. Now you have a chance of going K4 only if you file a K3 and the K3 gets approved BEFORE the I-130. If the I-130 gets approved you can forget about a K3 and K4. Believe me I was so upset when they changed the law. My advise would be to go I-130 with kids, cheaper and will be better in the long run.

[LIFE'SJOURNEY 970]

Please note a child can not attend any public school (free) on a visitor visa. So be careful of the visa route that you may decide to go with at the end.