i-864

[Nordlandcc 2]

I am marrying a Kenyan citizen who has a 16 & 19yr old. I know the 16 yr old can apply under moms application/VISA since he is under 18. My question is, can my oldest Step-Son apply concurrently with his mom and brother under a relative VISA, or would he need some other VISA? Also, to do a relative VISA, would he have to wait until Mom is approved?

Thanks for your help!

[Ryan H 3,810]

Are you planning to get married and then file a petition? If so, then the 16 year old will require a separate petition. There are no derivative beneficiaries for immediate relative visa cases.

If your oldest stepson is already over 18, then there is nothing available for him right now. His mom can file a petition for him once she has a Green Card but that will be a numerically limited category. Furthermore, she can only petition for him if he is unmarried.

[Nordlandcc 2]

Ryan H.

Thanks so much for the response. We are planning to get married in Kenya, then filing for her VISA. If the I-130 doesn't have a derivative, do I need to do a K-3 & K-4 VISA instead of an I-130?

Form I-130: First, file a Form I-130 on behalf of your non-citizen spouse with the Chicago Lockbox. You will then receive a Form I-797, Notice of Action, indicating that USCIS has received the Form I-130. Note: Form I-130 does not need to be filed on behalf of the child of a K-3 beneficiary in order to obtain a K-4 visa. Form I-130 does, however, need to be filed on behalf of the child of a K-3 beneficiary in order for the child to be eligible for permanent resident status.

[Ryan H 3,810]

Keep things simple and file two I-130 petition forms (separate fees for each petition will be necessary). The I-130 is a petition form, it's the CR-1 visa that has no derivative. Your wife will ultimately be applying for a CR-1 visa, your stepson will ultimately apply for a CR-2 visa.

Forget anything you may have read about the K3, current USCIS and State Department procedures have rendered it virtually unobtainable. There are instances of them still be issued, however, such instances are rare and few and far between.

Edited September 26, 2014 by Ryan H