K-3 and K-4

[rdrric 0]

The U.S. citizen petitioner will submit a separate I-130 for spouse and accompanying children unless the child is 18-21 years old then submitting a I-130 will destroy eligibility for the child. In this case the adult child should only be put on the K-3 and accompany the parent as a K-4. The K-4 will good for 2 years or until the child turns 21 whichever comes first. Once the child is in the U.S. and his visa is still valid will he be able to adjust status? I read about this in a nolo law immigration book but I cant seem to remember the exact facts. So the question would be what are the exact procedures to bring your adult child and have them adjust status under K-3 visa?

Edited April 1, 2008 by rdrric

[Whippy 0]

As I understand this, there is no way for the adult child to adjust status, meaning that the child CAN come over on the K3 or K4 or whatever visa according to the way the laws are written but would have to return to their native country and have the child's parent file I-130 once he/she gets their green card.

This aspect of the K3/K4 can be VERY confusing. The reason that 18-21 are allowed to get the K3 is for cases where the child is under 18 when marriage takes place, but over 18 by the time the visa is applied for or received. My guess is that a K3 applied for a child 18-21 who was not under 18 at time of marriage will just be automatically denied their visa....but I could be wrong.

What we are going to do is just arrange for my wife's eldest to remain in his country while we file instead of coming to America to live and not being able to work or go to school or anything.

I am almost certain that I am right about this, but as always may be wrong. Hopefully this helps some.

In short, I do not believe it's possible If you find out otherwise, PLEASE let us know!

Good Luck!

[pushbrk 13,120]

As I understand this, there is no way for the adult child to adjust status, meaning that the child CAN come over on the K3 or K4 or whatever visa according to the way the laws are written but would have to return to their native country and have the child's parent file I-130 once he/she gets their green card.

This aspect of the K3/K4 can be VERY confusing. The reason that 18-21 are allowed to get the K3 is for cases where the child is under 18 when marriage takes place, but over 18 by the time the visa is applied for or received. My guess is that a K3 applied for a child 18-21 who was not under 18 at time of marriage will just be automatically denied their visa....but I could be wrong.

What we are going to do is just arrange for my wife's eldest to remain in his country while we file instead of coming to America to live and not being able to work or go to school or anything.

I am almost certain that I am right about this, but as always may be wrong. Hopefully this helps some.

In short, I do not believe it's possible If you find out otherwise, PLEASE let us know!

Good Luck!

A child of a K3 or IR1/CR1 beneficiary can immigrate (adjust status from K4 or receive a CR2 or IR2 immigrant visa) if the parent's marriage to a US Citizen occured before their 18th birthday. My wife's daughter was 17 when we married, arrived on a K4 visa and now has a green card.

If the marriage took place after the child turned 18, the immigrant visa is not available as a step-child of USC but the K4 is. Upon arrival, those K4 beneficiaries that do not qualify as step-child of USC can stay for two years or age 21, whichever comes first. During that time they may be able to obtain a student visa or they could marry a USC and adjust status. Otherwise their authorized stay in the USA ends.